US (United States) Code. Title 7. Chapter 35A. Price support of agricultural commodities

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL

COMMODITIES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

.

-HEAD-

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1421. Price support.

(a) Source.

(b) Authority of Secretary; factors considered.

(c) Compliance by producer; program for

diverted acres.

(d) Time of determining levels.

(e) Processors' assurances; payment if

assurances inadequate.

1421a. Financial impact study.

(a) Study.

(b) Report.

(c) Informational purposes.

1421b. Costs of production.

1421c. Repealed.

1421d. Commodity reports.

(a) Crop reports.

(b) Special reports.

(c) Tree inventories.

(d) Omitted.

(e) Authorization.

1422. Increase of price support levels.

1423. Adjustments of support prices.

(a) In general.

(b) Adjustment in support prices for cotton.

(c) Limitation on adjustments for wheat and

feed grains.

1424. Utilization of services and facilities of Commodity

Credit Corporation.

1425. Producer rights and liabilities.

(a) Liability for deficiencies.

(b) Sugarcane and sugar beets.

1425a. Producers of honey; loan obligations and

liabilities.

(a) Loan forfeiture limitation.

(b) Liability for nonforfeitable part of

obligation.

(c) Extent of personal liability.

(d) Promulgation of regulations.

1426. Repealed.

1427. Commodity Credit Corporation sales price

restrictions.

(a) In general.

(b) Inventories.

(c) Sales price restrictions.

(d) Nonapplication of sales price restrictions.

(e) Distress, disaster, and livestock emergency

areas.

(f) Efficient operations.

(g) Sales for export.

1427-1. Quality requirements for Commodity Credit

Corporation owned grain.

(a) Establishment of minimum standards.

(b) Inspection of grain acquisitions.

1427a. Reserve inventories for alleviation of distress of

natural disaster.

(a) Establishment, maintenance and disposal by

Secretary; amount and nature of reserve.

(b) Acquisition of commodities through price

support program.

(c) Prerequisites for sale or disposition of

commodities in reserve.

(d) Additional authorization for disposition of

commodities to relieve distress or for

civil defense emergencies.

(e) Sale at equivalent prices for maintenance

of reserve.

(f) Utilization of Commodity Credit Corporation

and usual and customary channels, etc.,

of trade and commerce.

(g) Rules and regulations.

(h) Authorization of appropriations.

1428. Definitions.

1429. Determinations of Secretary as final and

conclusive.

1430. Retroactive effect.

1431. Disposition of commodities to prevent waste.

(a) Eligible recipients; barter; estimates;

reprocessing and other charges.

(b) Furnishing of eligible commodities for

carrying out programs of assistance in

developing and friendly countries;

availability of eligible commodities for

nonprofit and voluntary agencies and

cooperatives.

(c) Ultra-high temperature processed fluid

milk; two-year pilot program; report to

Congress.

1431a. Cotton donations to educational institutions.

1431b. Distribution of surplus commodities to other United

States areas.

1431c. Enrichment and packaging of cornmeal, grits, rice,

and white flour available for distribution.

1431d. Donations for school feeding programs abroad;

student financing; priorities.

1431e. Distribution of surplus commodities to special

nutrition projects; reprocessing agreements with

private companies.

1432. Extension of price support on long staple cotton

seeds and products.

1433. Repealed.

1433a. Forgiveness of violations; determinations.

1433b. Processing of surplus agricultural commodities into

liquid fuels and agricultural commodity

byproducts.

(a) Authority of Commodity Credit Corporation;

terms and conditions established by

Secretary; fuel prices.

(b) Feasibility of processing.

1433c. Advance recourse commodity loans.

1433c-1. Advance recourse loans.

(a) Availability; due date; procedures for

repayment; applicability; security;

limitation.

(b) Use of Commodity Credit Corporation,

Agricultural Stabilization and

Conservation Service, and county

committees.

(c) Regulations.

1433d to 1433f. Omitted or Repealed.

1434. Encouragement of production of crops of which

United States is a net importer and for which

price support programs are not in effect;

authority to plant on set-aside acreage with no

reduction in payment rate.

1435. Production of commodities for conversion into

alcohol or hydrocarbons for use as motor fuels or

other fuels; terms and conditions;

determinations; payments, etc., for program.

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

1441. Price support levels.

1441-1. Omitted.

1441-1a. Marketing certificates for rice.

(a) Authority of Commodity Credit Corporation

to issue negotiable marketing

certificates.

(b) Determination of value of certificates.

(c) Commodity Credit Corporation assistance in

redemption, marketing, or exchange of

certificates.

(d) Exchange of certificates for commodities

and products.

(e) Prevention of adverse effects.

(f) Transfer of certificates.

1441-2. Repealed.

1441a. Cost of production study and establishment of

current national weighted average cost of

production.

1442. Price support and acreage requirements for corn and

other feed grains.

(a) Conditions of eligibility.

(b) Referendum of producers of corn.

(c) Restriction on acreage allotment of corn;

price support level.

(d) Price support level for 1956 and 1957 crops

of grain sorghums, barley, rye, oats, and

corn.

1443. Omitted.

1444. Cotton price support levels.

(a) Basic support levels for 1961 and

subsequent years.

(b) Additional support levels for 1964 and

1965.

(c) Alternative operations for carrying out

additional price support; payment-in-kind

certificates: value, marketing

assistance, redemption, and deductions

after thirty day period.

(d) Price support and diversion payments for

1966 through 1970 crops.

(e) Price support, diversion, and cropland

set-aside program for crops beginning

with 1971 crop.

(f), (g) Omitted.

(h) Program for extra long staple cotton

beginning with 1984 crop.

1444-1, 1444-2. Omitted or Repealed.

1444a. Corn and feed grains and cotton programs.

(a) Referendum of 1958 corn producers.

(b) Operative status of certain provisions.

(c) Cotton research program.

(d) Cotton insect eradication.

1444b. Feed grains; price support program.

1444c to 1444e. Repealed or Omitted.

1444e-1. Loans and purchases for 1986 through 1996 crops of

corn.

1444f, 1444f-1. Repealed.

1445. Tobacco price support levels for 1960 and

subsequent years.

1445-1. Producer contributions and purchaser assessments

for No Net Cost Tobacco Fund.

(a) Definitions.

(b) Commodity Credit Corporation loans to

associations.

(c) Establishment of No Net Cost Tobacco Funds.

(d) Requirements.

(e) Failure or refusal of association to

comply.

(f) Termination of loan agreement; dissolution

or merger of association; disposition of

amounts in Fund.

(g) Regulations.

(h) Failure to collect contribution or

assessment; marketing penalty; civil

action for review of penalty.

1445-2. Marketing assessments to No Net Cost Tobacco

Account.

(a) Definitions.

(b) Continued availability of price support;

establishment of No Net Cost Tobacco

Account.

(c) Establishment of No Net Cost Tobacco

Account within Commodity Credit

Corporation; disposition of amounts in No

Net Cost Tobacco Fund.

(d) Payment of assessments to Corporation for

deposit into Account; determination and

adjustment of amounts; collection.

(e) Deposits into Account; insurance against

net losses.

(f) Suspension of payment and collection of

marketing assessments.

(g) Disposition of amounts in Account in the

event of termination of loan agreement or

account or dissolution or merger of

association.

(h) Net gains.

(i) Regulations.

(j) Failure to collect assessment; marketing

penalty; civil action for review of

penalty.

1445-3. Purchase of inventory stock.

(a) Sale of inventory stock.

(b) Sale prices.

(c) Terms of agreements.

(d) Approval of agreements.

(e) Disclosure.

1445a. Wheat price support levels; ''cooperator'' defined.

1445b to 1445c-3. Repealed, Transferred, or Omitted.

1445d. Special wheat acreage grazing and hay program for

1978 through 1990 crop years.

(a) Authorization for program; acreage

designation; payment.

(b) Specific farm acreage.

(c) Determination of payment.

(d) Other acreage set-aside programs.

(e) Rules and regulations.

(f) Commodity Credit Corporation.

1445e. Farmer owned reserve program.

(a) In general.

(b) Terms of program.

(c) Interest charges.

(d) Storage payments.

(e) Emergencies.

(f) Quantity of commodities in program.

(g) Announcement of program.

(h) Discretionary exit.

(i) Reconcentration of grain.

(j) Management of grain.

(k) Use of Commodity Credit Corporation.

(l) Use of commodity certificates.

(m) Additional authority.

(n) Regulations.

(o) Review.

(p) Crops.

1445f. International Emergency Food Reserve.

1445g. Production of commodities for conversion into

industrial hydrocarbons; terms and conditions;

incentive payments; regulations; appropriations;

effective date.

1445h. Repealed.

1445i. Multiyear set-aside contracts for 1986 through 1990

crops of wheat, feed grains, upland cotton, and

rice.

1445j. Deficiency and land diversion payments.

(a) Deficiency payments.

(b), (c) Repealed.

1445k. Payments in commodities.

(a) In-kind payments by Secretary.

(b) Methods of payments.

(c) Commodity certificates.

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

1446. Price support levels for designated nonbasic

agricultural commodities.

1446a. Dairy products; availability through Commodity

Credit Corporation.

(a) Secretary of Veterans Affairs; needs;

report to Congress.

(b) Secretary of the Army; needs; report to

Congress.

(c) Costs.

(d) Dairy products available.

1446a-1. Use of Commodity Credit Corporation funds for

purchases of dairy products requirements for

school and other programs.

1446b. Policy with regard to dairy products.

1446c. Domestic disposal programs for dairy products.

1446c-1. Reduction of dairy product inventories.

1446c-2. Domestic casein industry.

(a) Annual availability of surplus stocks of

nonfat dry milk; bid basis.

(b) Acceptance of bids at lower than resale

price.

(c) Nonfat dry milk sold to be used only for

manufacture of casein.

1446d to 1446i. Omitted or Repealed.

1447. Price support levels for other nonbasic

agricultural commodities.

1448. Price support levels for storable nonbasic

agricultural commodities.

1449. Determination of price support level.

1450. Repealed.

SUBCHAPTER IV - ACREAGE BASE AND YIELD SYSTEM

1461 to 1469. Omitted.

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

1471. Definitions.

1471a. Emergency livestock assistance.

1471b. Determination of need for assistance.

(a) Determination and request by Governor or

county committee.

(b) Consideration for assistance without

request.

(c) Prompt action by Secretary.

(d) Eligibility under prior programs;

availability of other programs.

1471c. Eligible producers.

(a) Qualifying livestock producers.

(b) Availability of additional assistance.

(c) Program participation option.

1471d. Assistance programs.

(a) Available programs.

(b) Feed grain through dealer or manufacturer;

reimbursement; feed grain stored on farm

of producer.

(c) Payments or reimbursements through issuance

of negotiable certificates.

(d) Approved application prerequisite to

benefits.

(e) Time for application.

(f) Livestock transportation assistance.

1471e. Additional assistance.

(a) Determination by Secretary.

(b) Programs authorized.

(c) Water development projects for 1988 and

1989 emergencies.

1471f. Use of Commodity Credit Corporation.

1471g. Benefits limitation.

(a) Total amount of benefits.

(b) Issuance of regulations.

(c) Receipt of other disaster payments.

(d) Total combined payment and benefits

limitation.

1471h. Ineligibility.

1471i. Administration.

(a) Regulations.

(b) Processing and decisions to be made as

quickly as practicable.

(c) Indigenous plants not considered feed on

hand.

1471j. Penalties.

1472. Assistance for livestock producers.

(a) Availability of assistance.

(b) Types of assistance.

(c) Limitations.

(d) Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 511r, 511s, 1301, 1308-3,

1309, 1310, 1314, 1314f, 1334b, 1385, 1421a, 1433c-1, 1435, 1446c,

1515, 1745, 2279, 4608, 5671, 5822, 7202, 7301, 7502 of this title;

title 15 section 3391a; title 16 sections 3832, 3834, 3837d, 3839c;

title 21 section 889; title 26 section 451; title 31 section 3902;

title 42 section 1766; title 43 section 620c.

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7 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7301, 7901, 7992 of

this title.

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7 USC Sec. 1421 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421. Price support

-STATUTE-

(a) Source

The Secretary shall provide the price support authorized or

required herein through the Commodity Credit Corporation and other

means available to him.

(b) Authority of Secretary; factors considered

Except as otherwise provided in this Act, the amounts, terms, and

conditions of price support operations and the extent to which such

operations are carried out, shall be determined or approved by the

Secretary. The following factors shall be taken into consideration

in determining, in the case of any commodity for which price

support is discretionary, whether a price-support operation shall

be undertaken and the level of such support and, in the case of any

commodity for which price support is mandatory, the level of

support in excess of the minimum level prescribed for such

commodity: (1) the supply of the commodity in relation to the

demand therefor, (2) the price levels at which other commodities

are being supported and, in the case of feed grains, the feed

values of such grains in relation to corn, (3) the availability of

funds, (4) the perishability of the commodity, (5) the importance

of the commodity to agriculture and the national economy, (6) the

ability to dispose of stocks acquired through a price-support

operation, (7) the need for offsetting temporary losses of export

markets, (8) the ability and willingness of producers to keep

supplies in line with demand and (9), in the case of upland cotton,

changes in the cost of producing such cotton.

(c) Compliance by producer; program for diverted acres

Compliance by the producer with acreage allotments, production

goals and marketing practices (including marketing quotas when

authorized by law), prescribed by the Secretary, may be required as

a condition of eligibility for price support. 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 the Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.), in such manner as will most quickly restore the

normal pattern of their agriculture.

(d) Time of determining levels

The level of price support for any commodity shall be determined

upon the basis of its parity price as of the beginning of the

marketing year or season in the case of any commodity marketed on a

marketing year or season basis and as of January 1 in the case of

any other commodity.

(e) Processors' assurances; payment if assurances inadequate

(1) Whenever any price support or surplus removal operation for

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.

(2)(A) If the assurances under paragraph (1) are not adequate to

cause the producers of sugar beets and sugarcane, because of the

bankruptcy or other insolvency of the processor, to receive maximum

benefits from the price support program within 30 days after the

final settlement date provided for in the contract between such

producers and processor, the Secretary, on demand made by such

producers and on such assurances as to nonpayment as the Secretary

shall require, shall pay such producers such maximum benefits less

benefits previously received by such producers.

(B) On such payment, the Secretary shall -

(i) be subrogated to all claims of such producers against the

processor and other persons responsible for nonpayment; and

(ii) have authority to pursue such claims as necessary to

recover the benefits not paid to the producers.

(C) The Secretary shall carry out this paragraph through the

Commodity Credit Corporation.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 401, 63 Stat. 1054; Aug.

28, 1954, ch. 1041, title II, Sec. 206, 207, 68 Stat. 901; Pub. L.

88-297, title I, Sec. 103(c), Apr. 11, 1964, 78 Stat. 175; Pub. L.

99-198, title IX, Sec. 903(a), Dec. 23, 1985, 99 Stat. 1444; Pub.

L. 100-707, title I, 109(a)(1), Nov. 23, 1988, 102 Stat. 4708.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note below and Tables.

The Disaster Relief and Emergency Assistance Act, referred to in

subsec. (c), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as

amended, known as the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-707, substituted ''the Disaster

Relief and Emergency Assistance Act'' for ''Public Law 875,

Eighty-first Congress''.

1985 - Subsec. (e). Pub. L. 99-198 designated existing provisions

as par. (1) and added par. (2).

1964 - Subsec. (b)(9). Pub. L. 88-297 added cl. (9).

1954 - Subsec. (c). Act Aug. 28, 1954, Sec. 206, provided a

program for diverted acres.

Subsec. (e). Act Aug. 28, 1954, Sec. 207, added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Pub. L. 104-127, title II, Sec. 263(c), Apr. 4, 1996, 110 Stat.

974, provided that: ''The amendments made by this section

(repealing provisions set out as notes under this section and

section 1446 of this title) shall be effective beginning with the

1996 crops of wheat, feed grains, upland cotton, and rice.''

EFFECTIVE DATE OF 1991 AMENDMENT

Pub. L. 102-237, title XI, Sec. 1101, Dec. 13, 1991, 105 Stat.

1906, provided that:

''(a) In General. - Except as otherwise provided in this Act,

this Act and the amendments made by this Act (see Tables for

classification) shall take effect on the date of enactment of this

Act (Dec. 13, 1991).

''(b) Inclusion in Food, Agriculture, Conservation, and Trade Act

of 1990. - The amendments made by the following provisions of this

Act shall take effect as if included in the provision of the Food,

Agriculture, Conservation, and Trade Act of 1990 (Public Law

101-624) to which the amendment relates:

''(1) Section 201 (amending sections 5403, 5503, 5505, 5506,

and 5822 of this title and provisions set out as a note under

section 4201 of this title) (other than section 201(h) (enacting

section 3125c of this title)).

''(2) Section 307 (amending section 1736bb-6 of this title).

''(3) Subsections (a) through (c), (e), (h), and (i) of section

501 (amending sections 1924, 1942, 1981, 1983, 2001, and 2006e of

this title).

''(4) Subsections (a), (b), (f) through (i), and (l) of section

502 (amending sections 2019, 2071, 2129, 2214, 2252, 2271, and

2278a-2 of Title 12, Banks and Banking).

''(5) Section 602(c) (amending provisions set out as a note

below).

''(6) Section 701 (amending sections 1926, 1926c, 1932, 1981,

1994, 2000, 2006f, 2008, 2008a, and 2008b of this title) (except

as provided in subsection (c) of this section).

''(7) Section 702 (amending sections 950aaa-1, 1926-1, 1991,

1994, 2007a, and 2007c to 2007e of this title and provisions set

out as a note under section 2006f of this title).

''(8) Section 703(c) (amending section 950aa of this title).

''(c) Miscellaneous Amendments to Consolidated Farm and Rural

Development Act. - The amendments made by section 701(h) of this

Act (amending sections 1926, 1932, 1981, 1994, and 2000 of this

title) to any provision specified therein shall take effect as if

such amendments had been included in the Act that added the

provision so specified at the time such Act became law.

''(d) Food and Nutrition Programs. -

''(1) In general. - Except as otherwise provided in this

subsection, title IX of this Act (amending sections 1431e, 2012,

2014, 2015, 2017, 2018, 2020, 2025, 2026, 2028, 2029, and 2031 of

this title, enacting provisions set out as notes under sections

2015, 2016, 2026, and 5930 of this title, and amending provisions

set out as notes under sections 612c and 2012 of this title), and

the amendments made by title IX of this Act, shall take effect

and be implemented no later than February 1, 1992.

''(2) PASS accounts exclusion. -

''(A) In general. - The amendment made by section 903(3) of

this Act (amending section 2014 of this title) shall take

effect on the earlier of -

''(i) the date of enactment of this Act (Dec. 13, 1991);

''(ii) October 1, 1990, for food stamp households for which

the State agency knew, or had notice, that a member of the

household had a plan for achieving self-support as provided

under section 1612(b)(4)(B)(iv) of the Social Security Act

(42 U.S.C. 1382a(b)(4)(B)(iv)); or

''(iii) beginning on the date that a fair hearing was

requested under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

seq.) contesting the denial of an exclusion for food stamp

purposes for amounts necessary for the fulfillment of such a

plan for achieving self-support.

''(B) Limitation on application of section. - Notwithstanding

section 11(b) of the Food Stamp Act of 1977 (section 2020(b) of

this title) (as redesignated by section 941(6) of this Act), no

State agency shall be required to search its files for cases to

which the amendment made by section 903(3) of this Act

(amending section 2014 of this title) applies, except where the

excludability of amounts described in section 5(d)(16) of the

Food Stamp Act of 1977 (section 2014(d)(16) of this title) (as

added by section 903(3) of this Act) was raised with the State

agency prior to the date of enactment of the Act (Dec. 13,

1991).

''(3) Performance standards for employment and training

programs. - The amendments made by section 908 (907, amending

section 2015 of this title) of this Act shall take effect on

September 30, 1991.

''(4) Recovery of claims caused by nonfraudulent household

errors. - The amendment made by section 911 of this Act (amending

section 2022 of this title) shall take effect on the date of

enactment of this Act (Dec. 13, 1991).

''(5) Definition of retail food store. - The amendment made by

section 913 of this Act (amending provisions set out as a note

under section 2012 of this title) shall take effect on October 1,

1990, and shall not apply with respect to any period occurring

before such date.''

EFFECTIVE DATE OF 1990 AMENDMENT

Pub. L. 101-624, title XI, Sec. 1171, Nov. 28, 1990, 104 Stat.

3521, provided that:

''(a) In General. - Except as otherwise specifically provided in

title I through this title (see Tables for classification), such

titles and the amendments made by such titles shall become

effective beginning with the 1991 crop of an agricultural

commodity.

''(b) Prior Crops. - Except as otherwise specifically provided

and notwithstanding any other provision of law, title I through

this title, and the amendments made by such titles, shall not

affect the authority of the Secretary of Agriculture to carry out a

price support or production adjustment program for any of the 1986

through 1990 crops of an agricultural commodity established under a

provision of law in effect immediately before the effective date

prescribed by subsection (a).''

EFFECTIVE DATE OF 1985 AMENDMENT

Section 903(b) of Pub. L. 99-198 provided that: ''The amendments

made by this section (amending this section) shall apply to

nonpayments occurring after January 1, 1985.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-66, title I, Sec. 1001(a), Aug. 10, 1993, 107 Stat.

312, provided that: ''This title (enacting sections 936c and 1314i

of this title and section 460l-6c of Title 16, Conservation,

amending sections 511r, 608b, 1308, 1308-3, 1314c, 1314e, 1358-1,

1359a, 1359bb, 1441-2, 1444-2, 1444f, 1445, 1445-1, 1445-2,

1445b-3a, 1445c-3, 1445j, 1446e, 1446f, 1446g, 1446h, 1463, 1465,

1469, 1506, 1508, 1508a, 1782, 1783, 1785, 5623, and 5641 of this

title and sections 3830, 3831, and 3837 of Title 16, enacting

provisions set out as notes under sections 936c, 1446e, 1506, and

5623 of this title, and amending provisions set out as notes under

this section and sections 608c and 1445b-3a of this title) may be

cited as the 'Agricultural Reconciliation Act of 1993'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-237, Sec. 1, Dec. 13, 1991, 105 Stat. 1818, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Food, Agriculture, Conservation, and Trade Act Amendments of

1991'.''

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-624, Sec. 1(a), Nov. 28, 1990, 104 Stat. 3359,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Food, Agriculture, Conservation, and Trade Act of

1990'.''

Pub. L. 101-508, title I, Sec. 1001(a), Nov. 5, 1990, 104 Stat.

1388, provided that: ''This title (enacting section 940d of this

title, amending sections 511r, 1441-2, 1444-2, 1444f, 1445,

1445b-3a, 1445c-3, 1445j, 1446e, 1446f to 1446h, 1722, 1736, 1736a,

1783, 1994, 1999, and 5822 of this title and section 136a of Title

21, Food and Drugs, enacting provisions set out as notes under this

section and sections 136w, 511r, and 1445b-3a of this title, and

amending provisions set out as a note under this section) may be

cited as the 'Agricultural Reconciliation Act of 1990'.''

SHORT TITLE OF 1989 AMENDMENTS

Pub. L. 101-239, title I, Sec. 1001(a), Dec. 19, 1989, 103 Stat.

2106, provided that: ''This title (enacting section 1433d of this

title, amending sections 1444e, 1445b-2, 1446, 1464, and 1736s of

this title, enacting provisions set out as notes under sections

1433d, 1444e, 1445b-2, 1446, and 1464 of this title and section

2278b-9 of Title 12, Banks and Banking, and amending provisions set

out as a note under this section) may be cited as the 'Agricultural

Reconciliation Act of 1989'.''

Pub. L. 101-82, Sec. 1(a), Aug. 14, 1989, 103 Stat. 564, provided

that: ''This Act (enacting sections 1508a and 1926a of this title

and section 493 of Title 25, Indians, amending sections 1359, 1464,

1471d, and 1471e of this title and section 2202 of Title 16,

Conservation, enacting provisions set out as notes under this

section and sections 1359, 1464, 1926a, 1929a, 1941, and 1961 of

this title and sections 2202 and 2203 of Title 16, and amending

provisions set out as a note under this section) may be cited as

the 'Disaster Assistance Act of 1989'.''

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-418, title II, Sec. 2221, Aug. 23, 1988, 102 Stat.

1336, provided that: ''This part (part II (Sec. 2221-2227) of

subtitle B of title II of Pub. L. 100-418, which amended section

1431 of this title and enacted provisions set out as notes under

section 1431 of this title) may be cited as the 'American Aid to

Poland Act of 1988'.''

Pub. L. 100-387, Sec. 1, Aug. 11, 1988, 102 Stat. 924, provided:

''That this Act (see Tables for classification) may be cited as the

'Disaster Assistance Act of 1988'.''

Section 601 of title VI of act Oct. 31, 1949, ch. 792, as added

Aug. 11, 1988, Pub. L. 100-387, title I, Sec. 101(a), 102 Stat.

925, provided that: ''This title (enacting sections 1471 to 1471j

of this title) may be cited as the 'Emergency Livestock Feed

Assistance Act of 1988'.''

SHORT TITLE OF 1987 AMENDMENTS

Pub. L. 100-203, title I, Sec. 1001(a), Dec. 22, 1987, 101 Stat.

1330, provided that: ''This title (enacting sections 940b, 940c,

944a, 1308-1 to 1308-3, and 2030 of this title, amending sections

608c, 946, 948, 1308, 1308-1, 1314b, 1314c, 1423, 1431, 1441-1,

1444, 1444-1, 1444e, 1445, 1445b-2, 1445b-3, 1445c-2, 1446, 1466,

1782, 1932, and 2371 of this title and section 713a-11 of Title 15,

Commerce and Trade, enacting provisions set out as notes under

sections 936a, 948, 1308 to 1308-3, 1441-1, 1444, 1444-1, 1444e,

1445, 1445b-2, 1445b-3, 1445c-2, 1446, 1466, and 1508 of this

title, sections 713a-11 and 714b of Title 15, and section 7545 of

Title 42, The Public Health and Welfare, and amending provisions

set out as a note under this section) may be cited as the

'Agricultural Reconciliation Act of 1987'.''

Pub. L. 100-45, Sec. 1, May 27, 1987, 101 Stat. 318, provided:

''That this Act (amending sections 1441-1, 1444-1, 1444e, 1445b-3,

and 1446 of this title and section 701n of Title 33, Navigation and

Navigable Waters, and enacting provisions set out as notes under

sections 1441-1, 1444-1, 1444e, 1445b-3, and 1446 of this title and

section 3835 of Title 16, Conservation) may be cited as the 'Farm

Disaster Assistance Act of 1987'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-258, Sec. 1, Apr. 10, 1984, 98 Stat. 130, provided:

''That this Act (enacting section 1981b of this title, amending

sections 1431, 1441, 1444, 1444d, 1445b-1, 1943, 1946, 1961, 1964,

1986, and 1994 of this title, enacting provisions set out as notes

under sections 1921, 1961, and 1981 of this title, and amending

provisions set out as a note preceding section 1961 of this title)

may be cited as the 'Agricultural Programs Adjustment Act of

1984'.''

SHORT TITLE OF 1983 AMENDMENTS

Pub. L. 98-180, Sec. 1, Nov. 29, 1983, 97 Stat. 1128, provided:

''That this Act (enacting sections 511r, 4501 to 4514, and 4531 to

4538 of this title, amending section 608c, 1314b, 1314b-1, 1314b-2,

1314c, 1314d, 1314e, 1379, 1445, 1445-1, 1445-2, and 1446 of this

title, and enacting provisions set out as notes under this section

and sections 1314b, 1314c, 1314e, 1427, 1445, 1446, and 1727g of

this title) may be cited as the 'Dairy and Tobacco Adjustment Act

of 1983'.''

Pub. L. 98-180, title I, Sec. 101, Nov. 29, 1983, 97 Stat. 1128,

provided that: ''This title (enacting sections 4501 to 4513 of this

title, amending section 1446 of this title, and enacting provisions

set out as notes under section 1446 of this title) may be cited as

the 'Dairy Production Stabilization Act of 1983'.''

Pub. L. 98-180, title II, Sec. 201, Nov. 29, 1983, 97 Stat. 1143,

provided that: ''This title (enacting section 511r of this title,

amending sections 1314b, 1314b-1, 1314b-2, 1314c, 1314d, 1314e,

1379, 1445, 1445-1, and 1445-2 of this title, and enacting

provisions set out as notes under sections 1314b, 1314c, 1314e, and

1445 of this title) may be cited as the 'Tobacco Adjustment Act of

1983'.''

Pub. L. 98-88, Sec. 1, Aug. 26, 1983, 97 Stat. 494, provided:

''That this Act (amending sections 1308, 1427, 1441, and 1444 of

this title, repealing section 1347 of this title, and enacting

provisions set out as notes under sections 1342, 1347, and 1444 of

this title) may be cited as the 'Extra Long Staple Cotton Act of

1983'.''

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-358, Sec. 1, Oct. 21, 1982, 96 Stat. 1714, provided:

''That this Act (enacting section 1433b of this title) may be cited

as the 'Surplus Agricultural Commodities Disposal Act of 1982'.''

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-213, Sec. 1, Mar. 18, 1980, 94 Stat. 119, provided:

''That this Act (amending sections 1308, 1309, 1441, 1444, 1444c,

and 1445b of this title, and enacting provisions set out as notes

under sections 1308 and 1309 of this title) may be cited as the

'Agricultural Adjustment Act of 1980'.''

SHORT TITLE

Section 1 of act Oct. 31, 1949, provided that: ''This Act

(enacting this section and sections 1422 to 1431, 1432, 1433, 1441,

1443 to 1445a, 1446, 1446a, 1446d, 1447 to 1449, and 1461 to 1468

of this title, amending sections 612c, 1301, 1322, 1328, 1343,

1344, 1345, and 1353 to 1356 of this title, and repealing section

1302 of this title; amending sections 1134c and 1134j of Title 12,

Banks and Banking, section 713a-4 of Title 15, Commerce and Trade,

section 410 of Title 42, The Public Health and Welfare) may be

cited as the 'Agricultural Act of 1949'.''

REPEALS

Section 414 of act Oct. 31, 1949, provided in part that: ''any

provision of law in conflict with the provisions of this Act (see

Short Title note set out above) are hereby repealed.''

REGULATIONS

Pub. L. 106-224, title II, Sec. 263, June 20, 2000, 114 Stat.

427, provided that:

''(a) Promulgation. - As soon as practicable after the date of

the enactment of this Act (June 20, 2000), the Secretary and the

Commodity Credit Corporation, as appropriate, shall promulgate such

regulations as are necessary to implement this title and the

amendments made by this title (see Tables for classification). The

promulgation of the regulations and administration of this title

shall be made without regard to -

''(1) the notice and comment provisions of section 553 of title

5, United States Code;

''(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

''(3) chapter 35 of title 44, United States Code (commonly

known as the 'Paperwork Reduction Act').

''(b) Congressional Review of Agency Rulemaking. - In carrying

out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.''

SEPARABILITY PROVISION FOR PUB. L. 101-624

Pub. L. 101-624, title XXV, Sec. 2518, formerly Sec. 2519, Nov.

28, 1990, 104 Stat. 4078; renumbered Sec. 2518 by Pub. L. 104-66,

title I, Sec. 1101(h), Dec. 21, 1995, 109 Stat. 710, provided that:

''If any provision of this Act (see Short Title of 1990 Amendment

note above) or the application thereof to any person or

circumstance is held invalid, the invalidity shall not affect other

provisions or applications of this Act which can be given effect

without regard to the invalid provision or application, and to this

end the provisions of this Act are severable.''

SEPARABILITY PROVISION FOR PUB. L. 98-180

Pub. L. 98-180, title III, Sec. 305, Nov. 29, 1983, 97 Stat.

1152, provided that: ''Except as otherwise provided in this Act

(see Short Title of 1983 Amendment note above), if any provision of

this Act or the application thereof to any person or circumstances

is held invalid, the validity of the remainder of this Act and of

the application of such provision to other persons and

circumstances shall not be affected thereby.''

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

CROP AND PASTURE FLOOD COMPENSATION PROGRAM

Pub. L. 106-224, title II, Sec. 257(a)-(d), June 20, 2000, 114

Stat. 424, 425, provided that:

''(a) Definition of Covered Land. - In this section:

''(1) In general. - The term 'covered land' means land that -

''(A) was unusable for agricultural production during the

2000 crop year as the result of flooding;

''(B) was used for agricultural production during at least

one of the 1992 through 1999 crop years;

''(C) is a contiguous parcel of land of at least 1 acre; and

''(D) is located in a county in which producers were eligible

for assistance under the 1998 Flood Compensation Program

established under part 1439 of title 7, Code of Federal

Regulations.

''(2) Exclusions. - The term 'covered land' excludes any land

for which a producer is insured, enrolled, or assisted during the

2000 crop year under -

''(A) a policy or plan of insurance authorized under the

Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

''(B) the noninsured crop assistance program operated under

section 196 of the Agricultural Market Transition Act (7 U.S.C.

7333);

''(C) any crop disaster program established for the 2000 crop

year;

''(D) the conservation reserve program established under

subchapter B of chapter 1 of subtitle D of the Food Security

Act of 1985 (16 U.S.C. 3831 et seq.);

''(E) the wetlands reserve program established under

subchapter C of chapter 1 of subtitle D of the Food Security

Act of 1985 (16 U.S.C. 3837 et seq.);

''(F) any emergency watershed protection program or Federal

easement program that prohibits crop production or grazing; or

''(G) any other Federal or State water storage program, as

determined by the Secretary.

''(b) Compensation. - The Secretary shall use not more than

$24,000,000 of funds of the Commodity Credit Corporation to

compensate producers with covered land described with respect to

losses from long-term flooding.

''(c) Payment Rate. - The payment rate for compensation provided

to a producer under this section shall equal the average county

cash rental rate per acre established by the National Agricultural

Statistics Service for the 2000 crop year.

''(d) Payment Limitation. - The total amount of payments made to

a person (as defined in section 1001(5) of the Food Security Act (7

U.S.C. 1308(5) (now 1308(e)))) under this section may not exceed

$40,000.''

RESTORATION OF ELIGIBILITY FOR CROP LOSS ASSISTANCE

Pub. L. 106-224, title II, Sec. 259, June 20, 2000, 114 Stat.

426, as amended by Pub. L. 106-472, title III, Sec. 315, Nov. 9,

2000, 114 Stat. 2081, provided that:

''(a) Effect of Change in Legal Structure. - In the case of an

individual or entity that was not eligible for a payment pursuant

to subsection (c) of section 1102 of the Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies

Appropriations Act, 1999 (as contained in section 101(a) of

division A of Public Law 105-277; 7 U.S.C. 1421 note), solely

because the individual or entity changed the legal structure of the

individual's or entity's farming operation, the individual or

entity shall be eligible for the payment the individual or entity

would have received pursuant to that subsection had the individual

or entity not changed the legal structure, less the amount of any

payment received by the individual or entity pursuant to subsection

(b) of that section.

''(b) Multiple Farming Operations. -

''(1) Eligible individuals. - In the case of an individual not

described in subsection (a) that farmed acreage as a producer as

a part of more than one farming operation, none of which received

a payment pursuant to subsection (c) of section 1102 of the

Agriculture, Rural Development, Food and Drug Administration, and

Related Agencies Appropriations Act, 1999, the individual shall

be eligible for a payment pursuant to that subsection for losses

that the Secretary determines would have been eligible for

compensation with respect to that acreage based on the

individual's interest in the production from that acreage.

''(2) Reduction. - A payment made pursuant to paragraph (1) to

an individual shall be reduced by the amount of a payment made

pursuant to subsection (b) of that section 1102 attributed

directly or indirectly to the individual with respect to the

acreage described in paragraph (1).

''(c) Commodity Credit Corporation. - The Secretary shall use the

funds, facilities, and authorities of the Commodity Credit

Corporation to carry out this section.''

EMERGENCY AND DISASTER ASSISTANCE FOR PRODUCERS

Pub. L. 106-224, title II, subtitle A, June 20, 2000, 114 Stat.

398, as amended by Pub. L. 106-387, Sec. 1(a) (title VIII, Sec.

816), Oct. 28, 2000, 114 Stat. 1549, 1549A-57, provided that:

''SEC. 201. MARKET LOSS ASSISTANCE.

''(a) In General. - The Secretary of Agriculture (referred to in

this title (see Tables for classification) as the 'Secretary')

shall use funds of the Commodity Credit Corporation to provide

assistance in the form of a market loss assistance payment to

owners and producers on a farm that are eligible for a final

payment for fiscal year 2000 under a production flexibility

contract for the farm under the Agricultural Market Transition Act

(7 U.S.C. 7201 et seq.).

''(b) Amount and Manner. - In providing payments under this

section, the Secretary shall -

''(1) use the same contract payment rates as are used under

section 802(b) of the Agriculture, Rural Development, Food and

Drug Administration, and Related Agencies Appropriations Act,

2000 (7 U.S.C. 1421 note; Public Law 106-78); and

''(2) provide the payments in a manner that is consistent with

section 802(c) of that Act.

''(c) Timing. - The Secretary shall make the payments required by

this section not earlier than September 1, 2000, and not later than

September 30, 2000.

''SEC. 202. OILSEEDS.

''(a) In General. - The Secretary shall use $500,000,000 of funds

of the Commodity Credit Corporation to make payments to producers

of the 2000 crop of oilseeds that are eligible to obtain a

marketing assistance loan under section 131 of the Agricultural

Market Transition Act (7 U.S.C. 7231).

''(b) Computation. - A payment to producers on a farm under this

section for an oilseed shall be equal to the product obtained by

multiplying -

''(1) a payment rate determined by the Secretary;

''(2) the acreage of the producers on the farm for the oilseed,

as determined under subsection (c); and

''(3) the yield of the producers on the farm for the oilseed,

as determined under subsection (d).

''(c) Acreage. -

''(1) In general. - Except as provided in paragraph (2), the

acreage of the producers on the farm for an oilseed under

subsection (b)(2) shall be equal to the number of acres planted

to the oilseed by the producers on the farm during the 1997,

1998, or 1999 crop year, whichever is greatest, as reported by

the producers on the farm to the Secretary (including any acreage

reports that are filed late).

''(2) New producers. - In the case of producers on a farm that

planted acreage to an oilseed during the 2000 crop year but not

the 1997, 1998, or 1999 crop year, the acreage of the producers

for the oilseed under subsection (b)(2) shall be equal to the

number of acres planted to the oilseed by the producers on the

farm during the 2000 crop year, as reported by the producers on

the farm to the Secretary (including any acreage reports that are

filed late).

''(d) Yield. -

''(1) Soybeans. - Except as provided in paragraph (3), in the

case of soybeans, the yield of the producers on a farm under

subsection (b)(3) shall be equal to the greatest of -

''(A) the average county yield per harvested acre for each of

the 1995 through 1999 crop years, excluding the crop year with

the highest yield per harvested acre and the crop year with the

lowest yield per harvested acre; or

''(B) the actual yield of the producers on the farm for the

1997, 1998, or 1999 crop year.

''(2) Other oilseeds. - Except as provided in paragraph (3), in

the case of oilseeds other than soybeans, the yield of the

producers on a farm under subsection (b)(3) shall be equal to the

greatest of -

''(A) the average national yield per harvested acre for each

of the 1995 through 1999 crop years, excluding the crop year

with the highest yield per harvested acre and the crop year

with the lowest yield per harvested acre; or

''(B) the actual yield of the producers on the farm for the

1997, 1998, or 1999 crop year.

''(3) New producers. - In the case of producers on a farm that

planted acreage to an oilseed during the 2000 crop year but not

the 1997, 1998, or 1999 crop year, the yield of the producers on

a farm under subsection (b)(3) shall be equal to the greater of -

''(A) the average county yield per harvested acre for each of

the 1995 through 1999 crop years, excluding the crop year with

the highest yield per harvested acre and the crop year with the

lowest yield per harvested acre; or

''(B) the actual yield of the producers on the farm for the

2000 crop.

''(4) Data source. - To the maximum extent available, the

Secretary shall use data provided by the National Agricultural

Statistics Service to carry out this subsection.

''SEC. 203. SPECIALTY CROPS.

''(a) Replenishment of Perishable Agricultural Commodities Act

Fund. - Of the amount made available under section 261(a)(2) (114

Stat. 427), $30,450,000 shall -

''(1) be deposited in the Perishable Agricultural Commodities

Act Fund established by section 3(b)(5) of the Perishable

Agricultural Commodities Act, 1930 (7 U.S.C. 499c(b)(5));

''(2) be merged with other amounts in the Perishable

Agricultural Commodities Act Fund; and

''(3) be available for the same purposes and for the same time

period as other amounts in the Perishable Agricultural

Commodities Act Fund.

''(b) Replenishment of Trust Funds for Services under

Agricultural Marketing Act of 1946. - Of the amount made available

under section 261(a)(2) (114 Stat. 427), $29,000,000 shall -

''(1) be deposited in the trust fund account established to

cover the cost of inspection, certification, and identification

services provided under section 203(h) of the Agricultural

Marketing Act of 1946 (7 U.S.C. 1622(h));

''(2) be merged with other amounts in the trust fund account;

and

''(3) be available for the same purposes and for the same time

period as other amounts in the trust fund account.

''(c) Inspection Services Improvements. - Of the amount made

available under section 261(a)(2) (114 Stat. 427), $11,550,000

shall be used by the Secretary to improve the infrastructure and

system used for inspecting fruits and vegetables, including

improving -

''(1) the program used to train inspectors, including the

establishment of an inspector training center;

''(2) the technological resources used by inspectors;

''(3) the use of digital imaging by inspectors; and

''(4) the office space and grading tables used by inspectors.

''(d) Surplus Crop Purchases. -

''(1) Purchases. - Of the amount made available under section

261(a)(2) (114 Stat. 427), $200,000,000 shall be used by the

Secretary to purchase specialty crops that have experienced low

prices during the 1998 or 1999 crop years, including apples,

black-eyed peas, cherries, citrus, cranberries or cranberry

products (including cranberry juice concentrate and frozen

cranberry fruit), onions, melons, peaches, and potatoes.

''(2) Displacement. - The Secretary shall ensure that purchases

of specialty crops under this subsection will not displace

purchases by the Secretary under any other law.

''(e) Grower Compensation. -

''(1) Compensation. - Of the amount made available under

section 261(a)(2) (114 Stat. 427), $25,000,000 shall be used by

the Secretary to compensate -

''(A) growers covered by the Secretary's Declaration of

Extraordinary Emergency published on March 2, 2000 (65 Fed.

Reg. 11280), regarding the plum pox virus;

''(B) growers for losses due to Pierce's disease; and

''(C) commercial producers for losses due to citrus canker.

''(2) Report. - Not later than July 19, 2000, the Secretary, in

coordination with the Inspector General of the Department of

Agriculture, shall submit to the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate a report that analyzes -

''(A) the economic losses to the produce industry as a result

of allegations of false inspection certificates prepared by

graders of the Department of Agriculture at Hunts Point

Terminal Market, Bronx, New York; and

''(B) the restitution by the Secretary for persons damaged as

a result of losses described in subparagraph (A).

''(f) Apple Loans. -

''(1) Requirement. - The Secretary, acting through the Farm

Service Agency, shall use funds of the Commodity Credit

Corporation to make loans to producers of apples that are

suffering economic loss as the result of low prices for apples.

''(2) Term. - The term of a loan made under this subsection

shall be not more than 3 years.

''(3) Interest rate. - The interest rate for a loan made under

this subsection shall be at a rate equal to the then current cost

of money to the Government of the United States for loans of

similar maturity.

''(4) Security. - The Secretary may require a loan made under

this subsection to be secured by real property or such other

collateral as the Secretary considers appropriate and protects

the interests of the Federal Government.

''(5) Limitation. - The cost of all loans made under this

subsection shall not exceed $5,000,000.

''SEC. 204. OTHER COMMODITIES.

''(a) Peanuts. -

''(1) In general. - The Secretary shall use funds of the

Commodity Credit Corporation to provide payments to producers of

quota peanuts or additional peanuts to partially compensate the

producers for continuing low commodity prices, and increasing

costs of production, for the 2000 crop year.

''(2) Amount. - The amount of a payment made to producers on a

farm of quota peanuts or additional peanuts under paragraph (1)

shall be equal to the product obtained by multiplying -

''(A) the quantity of quota peanuts or additional peanuts

produced or considered produced by the producers; and

''(B) a payment rate equal to -

''(i) in the case of quota peanuts, $30.50 per ton; and

''(ii) in the case of additional peanuts, $16.00 per ton.

''(b) Tobacco. -

''(1) Definitions. - In this subsection:

''(A) Eligible person. - The term 'eligible person' means a

person that owns or operates, or produces eligible tobacco on,

a farm -

''(i) for which the quantity of quota of eligible tobacco

allotted to the farm under part I of subtitle B of title III

of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et

seq.) was reduced from the 1999 crop year to the 2000 crop

year; and

''(ii) that is used for the production of eligible tobacco

during the 2000 crop year.

''(B) Eligible tobacco. - The term 'eligible tobacco' means

each of the following kinds of tobacco:

''(i) Flue-cured tobacco, comprising types 11, 12, 13, and

14.

''(ii) Fire-cured tobacco, comprising type 21.

''(iii) Burley tobacco, comprising type 31.

''(iv) Cigar-filler and cigar-binder tobacco, comprising

types 42, 43, 44, 54, and 55.

''(2) Payments. - Effective beginning October 1, 2000, the

Secretary shall use $340,000,000 of funds of the Commodity Credit

Corporation to make payments to eligible persons.

''(3) Allocation of funds among states. - The funds made

available for eligible persons under paragraph (2) shall be

allocated among States in the following dollar amounts:

---------------------------------------------------------------------

---------------------------------------------------------------------

Alabama $100,000

Arkansas $1,000

Florida $2,500,000

Georgia $13,000,000

Indiana $5,400,000

Kansas $23,000

Kentucky $140,000,000

Missouri $2,000,000

North Carolina $100,000,000

Ohio $6,000,000

Oklahoma $1,000

South Carolina $15,000,000

Tennessee $35,000,000

Virginia $19,000,000

Wisconsin $675,000

West Virginia $1,300,000.

-------------------------------

''(4) Allocation of funds among farms in a state. - The

Secretary shall divide the amount allocated to a State under

paragraph (3) among farms in the State based on the quota of

eligible tobacco available to each farm of an eligible person for

the 2000 crop year.

''(5) Division of farm payments among eligible persons in a

state. - Not later than October 20, 2000, the Secretary shall

divide amounts made available to farms in a State under paragraph

(4) among eligible persons who are quota owners, quota lessees,

and tobacco producers on farms in the State, and make payments to

the eligible persons, on the basis of -

''(A) in the case of a State that is a party to the National

Tobacco Grower Settlement Trust, the formula in the Trust used

to allocate funds among quota owners, quota lessees, and

tobacco producers on farms in the State, with such adjustments

as the Secretary determines are necessary to enable the

payments to be made by October 20, 2000; or

''(B) in the case of a State that is not a party to the

National Tobacco Grower Settlement Trust, a formula established

by the Secretary.

''(6) Payments to eligible persons in georgia. - The Secretary

shall use the amount allocated to the State of Georgia under

paragraph (3) to make payments to eligible persons in Georgia

only if the State of Georgia agrees to use an equal amount (not

to exceed $13,000,000) to make payments at the same time, or

subsequently, to the same eligible persons in the same manner as

provided for the Federal payment under paragraphs (4) and (5).

''(7) Use for administrative costs. - None of the funds made

available under paragraphs (1) through (7) may be used to pay

administrative costs incurred in carrying out those paragraphs.

''(8) Transfer of allotments. - (Amended section 1314d of this

title.)

''(9) Burley tobacco inventories of producer associations. -

(Amended section 1314e of this title.)

''(10) Limitations on burley tobacco quota adjustments. -

(Amended section 1314e of this title.)

''(11) Lease and transfer of burley tobacco quota. - (Amended

section 1314e of this title.)

''(12) Recordkeeping and sale of burley tobacco quota and

acreage. - (Amended section 1314e of this title.)

''(c) Honey. -

''(1) In general. - The Secretary shall use funds of the

Commodity Credit Corporation to make available recourse loans to

producers of the 2000 crop of honey on fair and reasonable terms

and conditions, as determined by the Secretary.

''(2) Loan rate. - The loan rate for a loan under paragraph (1)

shall be equal to 85 percent of the average price of honey during

the 5-crop year period preceding the 2000 crop year, excluding

the crop year in which the average price of honey was the highest

and the crop year in which the average price of honey was the

lowest in the period.

''(d) Wool and Mohair. -

''(1) In general. - The Secretary shall use funds of the

Commodity Credit Corporation to make payments to producers of

wool, and producers of mohair, for the 1999 marketing year.

''(2) Payment rate. - The payment rate for payments made to

producers under paragraph (1) shall be equal to -

''(A) in the case of wool, 20 cents per pound; and

''(B) in the case of mohair, 40 cents per pound.

''(e) Cottonseed. - The Secretary shall use $100,000,000 of funds

of the Commodity Credit Corporation to provide assistance to

producers and first-handlers of the 2000 crop of cottonseed.

''SEC. 205. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS.

''(a) Eligible Producers. - Effective for the 2001 crop year, in

the case of a producer that would be eligible for a loan deficiency

payment under section 135 of the Agricultural Market Transition Act

(7 U.S.C. 7235) for wheat, barley, or oats, but that elects to use

acreage planted to the wheat, barley, or oats for the grazing of

livestock, the Secretary shall make a payment to the producer under

this section if the producer enters into an agreement with the

Secretary to forgo any other harvesting of the wheat, barley, or

oats on that acreage.

''(b) Payment Amount. - The amount of a payment made to a

producer on a farm under this section shall be equal to the amount

determined by multiplying -

''(1) the loan deficiency payment rate determined under section

135(c) of the Agricultural Market Transition Act (7 U.S.C.

7235(c)) in effect, as of the date of the agreement, for the

county in which the farm is located; by

''(2) the payment quantity determined by multiplying -

''(A) the quantity of the grazed acreage on the farm with

respect to which the producer elects to forgo harvesting of

wheat, barley, or oats; and

''(B) the greater of -

''(i) the established yield for the crop on the farm; or

''(ii) the average county yield per harvested acre of the

crop, as determined by the Secretary.

''(c) Time, Manner, and Availability of Payment. -

''(1) Time and manner. - A payment under this section shall be

made at the same time and in the same manner as loan deficiency

payments are made under section 135 of the Agricultural Market

Transition Act (7 U.S.C. 7235), except that the payment shall be

made not later than September 30, 2001.

''(2) Availability. - The Secretary shall establish an

availability period for the payment authorized by this section

that is consistent with the availability period for wheat,

barley, and oats established by the Secretary for marketing

assistance loans authorized by subtitle C of the Agricultural

Market Transition Act (7 U.S.C. 7231 et seq.).

''(d) Regulations. - The Secretary shall promulgate under section

263 (set out as a note above) such regulations as are necessary to

administer the payments authorized by this section in a fair and

equitable manner with respect to producers of wheat and feed grains

that do not receive a payment under this section.

''(e) Funding. - The Secretary shall use funds of the Commodity

Credit Corporation to carry out this section.

''SEC. 206. EXPANSION OF PRODUCERS ELIGIBLE FOR LOAN DEFICIENCY

PAYMENTS.

''(Amended section 7235 of this title.)''

Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title I), Nov. 29,

1999, 113 Stat. 1536, 1501A-290, provided in part that: ''For an

additional amount for specialty crop assistance authorized by

section 803(c)(1) of Public Law 106-78 (set out below), $2,800,000:

Provided, That the definition of eligible persons in section

803(c)(2) of Public Law 106-78 shall include producers who have

suffered quality or quantity losses due to natural disasters on

crops harvested and placed in a warehouse and not sold.''

Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title I), Nov. 29,

1999, 113 Stat. 1536, 1501A-290, as amended by Pub. L. 106-387,

Sec. 1(a) (title VIII, Sec. 802), Oct. 28, 2000, 114 Stat. 1549,

1549A-49, provided in part that: ''For an additional amount for

livestock assistance authorized by section 805 of Public Law 106-78

(set out below), $10,000,000: Provided, That the Secretary of

Agriculture may use this additional amount to provide assistance to

persons who raise livestock owned by other persons for income

losses sustained with respect to livestock from January 1, 1999,

through February 7, 2000 if the Secretary finds that such losses

are the result of natural disasters.''

Pub. L. 106-78, title VIII, Oct. 22, 1999, 113 Stat. 1175, as

amended by Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title I, Sec.

102), Nov. 29, 1999, 113 Stat. 1536, 1501A-291, provided that:

''SUBTITLE A - CROP AND MARKET LOSS ASSISTANCE

''SEC. 801. CROP LOSS ASSISTANCE.

''(a) In General. - The Secretary of Agriculture (referred to in

this title as the 'Secretary') shall use $1,200,000,000 of funds of

the Commodity Credit Corporation to make emergency financial

assistance available to producers on a farm that have incurred

losses in a 1999 crop due to a disaster, as determined by the

Secretary.

''(b) Administration. - The Secretary shall make assistance

available under this section in the same manner as provided under

section 1102 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1999 (7

U.S.C. 1421 note; Public Law 105-277), including using the same

loss thresholds as were used in administering that section.

''(c) Qualifying Losses. - Assistance under this section may be

made for losses associated with crops that are, as determined by

the Secretary -

''(1) quantity losses;

''(2) quality losses; or

''(3) severe economic losses due to damaging weather or related

condition.

''(d) Crops Covered. - Assistance under this section shall be

applicable to losses for all crops (including losses of trees from

which a crop is harvested, livestock, and fisheries), as determined

by the Secretary, due to disasters.

''(e) Crop Insurance. - In carrying out this section, the

Secretary shall not discriminate against or penalize producers on a

farm that have purchased crop insurance under the Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.).

''(f) Rice Loan Deficiency Payments. - In the case of producers

of the 1999 crop of rice that harvested such rice on or before

August 4, 1999, the Secretary may use funds made available under

this section to -

''(1) make loan deficiency payments to producers that received,

or that were eligible to receive, such payments under section 135

of the Agricultural Market Transition Act (7 U.S.C. 7235) in a

manner that results in the same total payment that would have

been made if the payment had been requested by the producers on

August 5, 1999; and

''(2) recalculate any repayment made for a marketing assistance

loan for the 1999 crop of rice on or before August 4, 1999, as if

the repayment had been made on August 5, 1999.

''(g) Honey Recourse Loans. -

''(1) In general. - Notwithstanding any other provision of law,

in order to assist producers of honey to market their honey in an

orderly manner during a period of disastrously low prices, the

Secretary may use funds made available under this section to make

available recourse loans to producers of the 1999 crop of honey

on fair and reasonable terms and conditions, as determined by the

Secretary.

''(2) Loan rate. - The loan rate of the loans shall be 85

percent of the average price of honey during the 5-crop year

period preceding the 1999 crop year, excluding the crop year in

which the average price of honey was the highest and the crop

year in which the average price of honey was the lowest in the

period.

''(h) Recourse Loans for Mohair. -

''(1) In general. - Subject to paragraph (2) and

notwithstanding any other provision of law, during fiscal year

2000, the Secretary may use funds made available under this

section to make recourse loans available in accordance with

section 137(c) of the Agricultural Market Transition Act (7

U.S.C. 7237(c)) to producers of mohair produced during or before

that fiscal year.

''(2) Interest. - Section 137(c)(4) of that Act shall not apply

to a loan made under paragraph (1).

''SEC. 802. MARKET LOSS ASSISTANCE.

''(a) Assistance Authorized. - The Secretary shall use not more

than $5,544,453,000 of funds of the Commodity Credit Corporation to

provide assistance to owners and producers on a farm that are

eligible for final payments for fiscal year 1999 under a production

flexibility contract for the farm under the Agricultural Market

Transition Act (7 U.S.C. 7201 et seq.).

''(b) Amount. - The amount of assistance made available to owners

and producers on a farm under this section shall be proportionate

to the amount of the contract payment received by the owners and

producers for fiscal year 1999 under a production flexibility

contract for the farm under the Agricultural Market Transition Act.

''(c) Protection of Tenants and Sharecroppers; Sharing of

Payments. - Sections 111(c) and 114(g) of the Agricultural Market

Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the

payments made under subsection (a).

''SEC. 803. SPECIALTY CROPS.

''(a) Peanuts. -

''(1) In general. - The Secretary shall use such amounts as are

necessary of funds of the Commodity Credit Corporation to provide

payments to producers of quota peanuts or additional peanuts to

partially compensate the producers for continuing low commodity

prices, and increasing costs of production, for the 1999 crop

year.

''(2) Amount. - The amount of a payment made to producers on a

farm of quota peanuts or additional peanuts under paragraph (1)

shall be equal to the product obtained by multiplying -

''(A) the quantity of quota peanuts or additional peanuts

produced or considered produced by the producers; and

''(B) an amount equal to 5 percent of the loan rate

established for quota peanuts or additional peanuts,

respectively, under section 155 of the Agricultural Market

Transition Act ((former) 7 U.S.C. 7271).

''(b) Condition on Payment of Salaries and Expenses. - None of

the funds appropriated or otherwise made available by this Act or

any other Act may be used to pay the salaries and expenses of

personnel of the Department of Agriculture to carry out or enforce

section 156(f) of the Agricultural Market Transition Act ((former)

7 U.S.C. 7272(f)) through fiscal year 2001.

''(c) Tobacco. -

''(1) In general. - The Secretary shall use $328,000,000 of

funds of the Commodity Credit Corporation to make payments to

States on behalf of persons described in paragraph (2) for the

reduction in the quantity of quota allotted to certain farms

under part I of subtitle B of title III of the Agricultural

Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998 crop

year to the 1999 crop year.

''(2) Eligible persons. - To be eligible to receive a payment

under paragraphs (1) through (5), a person must own or operate,

or produce tobacco on, a farm -

''(A) for which the quantity of quota allotted to the farm

under part I of subtitle B of title III of the Agricultural

Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced from

the 1998 crop year to the 1999 crop year; and

''(B) that was used for the production of tobacco during the

1998 or 1999 crop year.

''(3) Allocation to states. - The Secretary shall allocate

funds made available under paragraph (1) to States with eligible

persons described in paragraph (2) in proportion to the relative

quantity of quota allotted to farms in the States that was

reduced from the 1998 crop year to the 1999 crop year.

''(4) Distribution by states. -

''(A) In general. - In the case of a State described in

paragraph (3) that is a party to the National Tobacco Grower

Settlement Trust, the State shall distribute funds made

available under paragraph (3) to eligible persons in the State

in accordance with the formulas established pursuant to the

Trust.

''(B) Other states. - Subject to the approval of the

Secretary, in the case of a State described in paragraph (3)

that is not a party to the National Tobacco Grower Settlement

Trust, the State shall distribute funds made available under

paragraph (3) to eligible persons in the State in a manner

determined by the State.

''(5) Alternative distribution. - In lieu of making payments

under this subsection to States, the Secretary may distribute

funds directly to eligible persons using the facilities of

private disbursing agents, facilities of the Farm Service Agency,

or other available facilities.

''(6) Flue-cured tobacco. -

''(A) Limitation on quantity of allotment leased or sold. -

(Amended section 1314b of this title.)

''(B) Transfers of quota or allotment across county lines in

a state. - (Amended section 1314b of this title.)

''(C) Same grower in contiguous counties. - (Amended section

1379 of this title.)

''SEC. 804. OILSEEDS.

''(a) In General. - The Secretary shall use $475,000,000 of funds

of the Commodity Credit Corporation to make payments to producers

of the 1999 crop of oilseeds that are eligible to obtain a

marketing assistance loan under section 131 of the Agricultural

Market Transition Act (7 U.S.C. 7231).

''(b) Computation. - A payment to producers on a farm under this

section for an oilseed shall be equal to the product obtained by

multiplying -

''(1) a payment rate determined by the Secretary;

''(2) the acreage of the producers on the farm for the oilseed,

as determined under subsection (c); and

''(3) the yield of the producers on the farm for the oilseed,

as determined under subsection (d).

''(c) Acreage. -

''(1) In general. - Except as provided in paragraph (2), the

acreage of the producers on the farm for an oilseed under

subsection (b)(2) shall be equal to the greater of -

''(A) the number of acres planted to the oilseed by the

producers on the farm during the 1997 crop year, as reported by

the producers on the farm to the Secretary (including any

acreage reports that are filed late); or

''(B) the number of acres planted to the oilseed by the

producers on the farm during the 1998 crop year, as reported by

the producers on the farm to the Secretary (including any

acreage reports that are filed late).

''(2) New producers. - In the case of producers on a farm that

planted acreage to an oilseed during the 1999 crop year but not

the 1997 or 1998 crop year, the acreage of the producers for the

oilseed under subsection (b)(2) shall be equal to the number of

acres planted to the oilseed by the producers on the farm during

the 1999 crop year, as reported by the producers on the farm to

the Secretary (including any acreage reports that are filed

late).

''(d) Yield. -

''(1) Soybeans. - Except as provided in paragraph (3), in the

case of soybeans, the yield of the producers on a farm under

subsection (b)(3) shall be equal to the greatest of -

''(A) the average county yield per harvested acre for each of

the 1994 through 1998 crop years, excluding the crop year with

the highest yield per harvested acre and the crop year with the

lowest yield per harvested acre;

''(B) the actual yield of the producers on the farm for the

1997 crop year; or

''(C) the actual yield of the producers on the farm for the

1998 crop year.

''(2) Other oilseeds. - Except as provided in paragraph (3), in

the case of oilseeds other than soybeans, the yield of the

producers on a farm under subsection (b)(3) shall be equal to the

greatest of -

''(A) the average national yield per harvested acre for each

of the 1994 through 1998 crop years, excluding the crop year

with the highest yield per harvested acre and the crop year

with the lowest yield per harvested acre;

''(B) the actual yield of the producers on the farm for the

1997 crop year; or

''(C) the actual yield of the producers on the farm for the

1998 crop year.

''(3) New producers. - In the case of producers on a farm that

planted acreage to an oilseed during the 1999 crop year but not

the 1997 or 1998 crop year, the yield of the producers on a farm

under subsection (b)(3) shall be equal to the greater of -

''(A) the average county yield per harvested acre for each of

the 1994 through 1998 crop years, excluding the crop year with

the highest yield per harvested acre and the crop year with the

lowest yield per harvested acre; or

''(B) the actual yield of the producers on the farm for the

1999 crop.

''(4) Data source. - To the maximum extent available, the

Secretary shall use data provided by the National Agricultural

Statistics Service to carry out this subsection.

''SEC. 805. LIVESTOCK AND DAIRY.

''The Secretary shall use $325,000,000 of funds of the Commodity

Credit Corporation to provide assistance directly to livestock and

dairy producers, in a manner determined appropriate by the

Secretary, to compensate the producers for economic losses incurred

during 1999.

''SEC. 806. UPLAND COTTON.

''(Amended section 7236 of this title.)

''SEC. 807. MILK

''(a) In General. - (Amended section 7251 of this title.)

''(b) Conforming Amendment. - (Amended former section 7252 of

this title.)

''SUBTITLE B - OTHER ASSISTANCE

''SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING

PAYMENTS UNDER PRODUCTION FLEXIBILITY CONTRACTS.

''(Amended section 7212 of this title.)

''SEC. 812. COMMODITY CERTIFICATES.

''(Enacted section 7286 of this title.)

''SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY

PAYMENTS.

''(a) In General. - Notwithstanding section 1001(2) of the Food

Security Act of 1985 (7 U.S.C. 1308(1) (former 1308(2))), the total

amount of the payments specified in section 1001(3) of that Act

that a person shall be entitled to receive under the Agricultural

Market Transition Act (7 U.S.C. 7201 et seq.) for one or more

contract commodities and oilseeds produced during the 1999 crop

year may not exceed $150,000.

''(b) 1999 Marketings. - In carrying out subsection (a), the

Secretary shall allow a producer that has marketed a quantity of an

eligible 1999 crop for which the producer has not received a loan

deficiency payment or marketing loan gain under section 134 or 135

of the Agricultural Market Transition Act (7 U.S.C. 7234, 7235) to

receive such payment or gain as of the date on which the quantity

was marketed or redeemed, as determined by the Secretary.

''SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE

COVERAGE.

''The Secretary shall transfer $400,000,000 of funds of the

Commodity Credit Corporation to the Federal Crop Insurance

Corporation to be used to assist agricultural producers in

purchasing additional coverage for the 2000 crop year (and 2001

crop year for citrus fruit, avocados in California, and macadamia

nuts) under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

''SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL LOANS.

''The Secretary shall forgive the principal indebtedness and

accrued interest owed by the City of Stroud, Oklahoma, to the Rural

Utilities Service on water and waste disposal loans numbered 9105

and 9107.

''SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.

''(Amended section 2008j of this title.)

''SEC. 817. FISHERIES.

''(a) Norton Sound Fisheries Failure. -

''(1) Income eligibility. - (Amended section 101(a) (title VII,

Sec. 763(a)) of Pub. L. 105-277, 112 Stat. 2681-36.)

''(2) Emergency assistance. - (Amended section 101(a) (title

XI, Sec. 1124) of Pub. L. 105-277, set out below.)

''(3) Appropriation. -

''(A) In general. - In addition to amounts appropriated or

otherwise made available by this Act (see Tables for

classification), there is appropriated to the Department of

Agriculture for fiscal year 2001, out of any money in the

Treasury not otherwise appropriated, $15,000,000, to remain

available until expended, to provide emergency disaster

assistance to persons or entities affected by the 1999

fisheries failure in the Norton Sound region of Alaska.

''(B) Transfer. - To carry out this paragraph, the Secretary

shall transfer to the Secretary of Commerce for obligation and

expenditure -

''(i) $10,000,000 for fiscal year 2001 for grants under

section 209 of the Public Works and Economic Development Act

of 1965 (42 U.S.C. 3149); and

''(ii) $5,000,000 for fiscal year 2001 for carrying out

section 312 of the Magnuson-Stevens Fishery Conservation and

Management Act (16 U.S.C. 1861a).

''(b) Commercial Fisheries Failure. -

''(1) In general. - In addition to amounts appropriated or

otherwise made available by this Act, there is appropriated to

the Department of Agriculture for fiscal year 2001, out of any

money in the Treasury not otherwise appropriated, $15,000,000, to

remain available until expended, which shall be transferred to

the Department of Commerce to provide emergency disaster

assistance for the commercial fishery failure under section

308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16

U.S.C. 4107(b)(1)) with respect to Northeast multispecies

fisheries.

''(2) Use. - Amounts made available under this subsection shall

be used to support cooperative research and management activities

administered by the National Marine Fisheries Services and based

on recommendations by the New England Fishery Management Council.

''SEC. 818. SENSE OF THE CONGRESS REGARDING FAST-TRACK AUTHORITY

AND FUTURE WORLD TRADE ORGANIZATION NEGOTIATIONS.

''It is the sense of the Congress that -

''(1) the President should make a formal request for

appropriate fast-track authority for future United States trade

negotiations;

''(2) regarding future World Trade Organization negotiations -

''(A) rules for trade in agricultural commodities should be

strengthened and trade-distorting import and export practices

should be eliminated or substantially reduced;

''(B) the rules of the World Trade Organization should be

strengthened regarding the practices or policies of a foreign

government that unreasonably -

''(i) restrict market access for products of new

technologies, including products of biotechnology; or

''(ii) delay or preclude implementation of a report of a

dispute panel of the World Trade Organization; and

''(C) negotiations within the World Trade Organization should

be structured so as to provide the maximum leverage possible to

ensure the successful conclusion of negotiations on

agricultural products;

''(3) the President should -

''(A) conduct a comprehensive evaluation of all existing

export and food aid programs, including -

''(i) the export credit guarantee program established under

section 202 of the Agricultural Trade Act of 1978 (7 U.S.C.

5622);

''(ii) the market access program established under section

203 of that Act (7 U.S.C. 5623);

''(iii) the export enhancement program established under

section 301 of that Act (7 U.S.C. 5651);

''(iv) the foreign market development cooperator program

established under section 702 of that Act (7 U.S.C. 5722);

and

''(v) programs established under the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1691 et

seq.); and

''(B) transmit to Congress -

''(i) the results of the evaluation under subparagraph (A);

and

''(ii) recommendations on maximizing the effectiveness of

the programs described in subparagraph (A); and

''(4) the Secretary should carry out a purchase and donation or

concessional sales initiative in each of fiscal years 1999 and

2000 to promote the export of additional quantities of soybeans,

beef, pork, poultry, and products of such commodities (including

soybean meal, soybean oil, textured vegetable protein, and soy

protein concentrates and isolates) using programs established

under -

''(A) the Commodity Credit Corporation Charter Act (15 U.S.C.

714 et seq.);

''(B) section 416 of the Agricultural Act of 1949 (7 U.S.C.

1431);

''(C) titles I and II of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and

''(D) the Food for Progress Act of 1985 (7 U.S.C. 1736o).

''SUBTITLE C - ADMINISTRATION

''SEC. 821. COMMODITY CREDIT CORPORATION.

''The Secretary shall use the funds, facilities, and authorities

of the Commodity Credit Corporation to carry out this title.

''SEC. 822. ADMINISTRATIVE COSTS.

''(a) Reservation of Funds. - Subject to subsections (b) and (c),

the Secretary may reserve up to $56,000,000 of the amounts made

available under subtitle A to cover administrative costs incurred

by the Farm Service Agency directly related to carrying out that

subtitle.

''(b) Proportional Reservation. - The amount reserved by the

Secretary from the amounts made available under each section of

subtitle A (other than section 802) shall bear the same proportion

to the total amount reserved under subsection (a) as the

administrative costs incurred by the Farm Service Agency to carry

out that section (other than section 802) bear to the total

administrative costs incurred by the Farm Service Agency to carry

out that subtitle (other than section 802).

''(c) Exception for Market Loss Assistance. - The Secretary may

not reserve any portion of the amount made available under section

802 to pay administrative costs.

''SEC. 823. EMERGENCY REQUIREMENT.

''The entire amount necessary to carry out this title and the

amendments made by this title shall be available only to the extent

that an official budget request for the entire amount, that

includes designation of the entire amount of the request as an

emergency requirement as defined in the Balanced Budget and

Emergency Deficit Control Act of 1985 (see Short Title note set out

under section 900 of Title 2, The Congress), as amended, is

transmitted by the President to the Congress: Provided, That the

entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of such Act (2 U.S.C.

901(b)(2)(A)).

''SEC. 824. REGULATIONS.

''(a) Promulgation. - As soon as practicable after the date of

the enactment of this Act (Oct. 22, 1999), the Secretary and the

Commodity Credit Corporation, as appropriate, shall promulgate such

regulations as are necessary to implement subtitle A and the

amendments made by subtitle A. The promulgation of the regulations

and administration of subtitle A shall be made without regard to -

''(1) the notice and comment provisions of section 553 of title

5, United States Code;

''(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

''(3) chapter 35 of title 44, United States Code (commonly

known as the 'Paperwork Reduction Act').

''(b) Congressional Review of Agency Rulemaking. - In carrying

out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.

''SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.

''(a) Livestock Assistance. - Of the funds provided in sections

801 and 805, no less than $200,000,000 shall be in the form of

assistance to livestock producers for losses due to drought or

other natural disasters.

''(b) Dairy Assistance. - Of the funds provided in section 805,

no less than $125,000,000 shall be in the form of assistance to

dairy producers.

''(c) Form of Assistance. - Assistance for livestock losses shall

be in the form of grants and or other in-kind assistance, but shall

not include loans.''

Pub. L. 106-31, title I, Sec. 101, May 21, 1999, 113 Stat. 61,

provided that:

''(a) Crop Loss Assistance for Certain Multiyear Losses. - From

funds remaining in a reserve held under subsection (c) of section

1102 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1999 (7

U.S.C. 1421 note; Public Law 105-277; 112 Stat. 2681-43), for

errors, omissions, and appeals, the Secretary of Agriculture may

use not more than 15 percent of the reserve funds to provide

assistance to a producer described in subsection (b) who incurred

losses to a commodity due to disasters in two crop years during the

five-crop year period beginning with the 1994 crop year.

''(b) Eligibility Criteria. - A producer on a farm is eligible

for assistance under subsection (a) only if -

''(1) the producer received a federally insured indemnity

payment for crop losses in two crop years of such five-crop year

period;

''(2) the producer acquired federally insured crop insurance in

one additional crop year during such period, but did not receive

a federally insured indemnity payment;

''(3) the producer received a non-federally insured indemnity

payment for crop losses in the crop year referred to in paragraph

(2); and

''(4) the producer does not receive a payment under subsection

(b) or (c) of such section 1102.

''(c) Crop Years Covered; Payment Rate. - Any payment to a

producer under subsection (a) may be paid only for losses incurred

during the crop years described in paragraph (1) of subsection (b).

The payment rate may not exceed the payment rate used under

subsection (c) of such section 1102.

''(d) Effect on Existing Authority. - Nothing in this section

authorizes the Secretary to delay the provision of crop loss

assistance under such section 1102, and the Secretary shall

complete the payment of multiyear assistance under subsection (c)

of such section 1102 before making any payment under the authority

of this section.

''(e) Designation as Emergency Requirement. - Such sums as are

necessary to carry out the amendments made by subsection (a):

Provided, That such amount shall be available only to the extent an

official budget request, that includes designation of the entire

amount of the request as an emergency requirement as defined in the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended (see Short Title note set out under section 900 of Title 2,

The Congress), is transmitted by the President to the Congress:

Provided further, That the entire amount is designated by the

Congress as an emergency requirement under section 251(b)(2)(A) of

such Act (2 U.S.C. 901(b)(2)(A)).''

Pub. L. 106-31, title I, Sec. 104, May 21, 1999, 113 Stat. 62,

provided that: ''For an additional amount for the Livestock

Assistance Program under Public Law 105-277 (see section 101(a)

(title XI) of Pub. L. 105-277, set out below), $70,000,000:

Provided, That for the purposes of section 1103 of the Agriculture,

Rural Development, Food and Drug Administration, and Related

Agencies Appropriations Act, 1999 (Public Law 105-277) (set out

below), notwithstanding any other provision of law or regulation,

the definition of 'livestock' shall include 'reindeer': Provided

further, That the entire amount shall be available only to the

extent an official budget request for $70,000,000, that includes

designation of the entire amount of the request as an emergency

requirement as defined in the Balanced Budget and Emergency Deficit

Control Act of 1985, as amended (see Short Title note set out under

section 900 of Title 2, The Congress), is transmitted by the

President to the Congress: Provided further, That the entire amount

is designated by the Congress as an emergency requirement pursuant

to section 251(b)(2)(A) of such Act (2 U.S.C. 901(b)(2)(A)).''

Pub. L. 105-277, div. A, Sec. 101(a) (title XI), Oct. 21, 1998,

112 Stat. 2681, 2681-42, as amended by Pub. L. 106-31, title III,

Sec. 3018, May 21, 1999, 113 Stat. 99; Pub. L. 106-78, title VIII,

Sec. 817(a)(2), title IX, Sec. 913(b), Oct. 22, 1999, 113 Stat.

1184, 1205; Pub. L. 106-387, Sec. 1(a) (title VII, Sec. 754), Oct.

28, 2000, 114 Stat. 1549, 1549A-42; Pub. L. 107-25, Sec. 9, Aug.

13, 2001, 115 Stat. 203, provided that:

''SUBTITLE A - EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED

LOSSES DUE TO DISASTERS

''SEC. 1101. GENERAL PROVISIONS.

''(a) Fair and Equitable Distribution. - Assistance made

available under this subtitle shall be distributed in a fair and

equitable manner to producers who have incurred crop and livestock

feed losses in all affected geographic regions of the United

States.

''(b) Program Administration. - In carrying out this subtitle,

the Secretary of Agriculture (referred to in this title as the

'Secretary') may determine -

''(1) 1 or more loss thresholds producers on a farm must incur

with respect to a crop to be eligible for assistance;

''(2) the payment rate for crop and livestock feed losses

incurred; and

''(3) eligibility and payment limitation criteria (as defined

by the Secretary) for persons to receive assistance under this

subtitle, which, in the case of assistance received under any

section of this subtitle, shall be in addition to -

''(A) assistance made available under any other section of

this subtitle and subtitle B;

''(B) payments or loans received by a person under the

Agricultural Market Transition Act (7 U.S.C. 7201 et seq.);

''(C) payments received by a person for the 1998 crop under

the noninsured crop assistance program established under

section 196 of that Act (7 U.S.C. 7333);

''(D) crop insurance indemnities provided for the 1998 crop

under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);

and

''(E) emergency loans made available for the 1998 crop under

subtitle C of the Consolidated Farm and Rural Development Act

(7 U.S.C. 1961 et seq.).

''SEC. 1102. CROP LOSS ASSISTANCE.

''(a) In General. - The Secretary shall administer a program

under which emergency financial assistance is made available to

producers on a farm who have incurred losses associated with crops

due to disasters (as determined by the Secretary).

''(b) Losses Incurred for 1998 Crop. - Subject to section 1132,

the Secretary shall use not more than $1,500,000,000 to make

available assistance to producers on a farm who have incurred

losses in the 1998 crop due to disasters.

''(c) Multiyear Losses. - Subject to section 1132, the Secretary

shall use not more than $875,000,000 to make available assistance

to producers on a farm who have incurred multiyear losses (as

defined by the Secretary) in the 1998 and preceding crops of a

commodity due to disasters (including, but not limited to, diseases

such as scab).

''(d) Relationship Between Assistance. - The Secretary shall make

assistance available to producers on a farm under either subsection

(b) or (c).

''(e) Qualifying Losses. - Assistance under this section may be

made for losses associated with crops that are due to, as

determined by the Secretary -

''(1) quantity losses;

''(2) quality (including, but not limited to, aflatoxin)

losses; or

''(3) severe economic losses due to damaging weather or related

condition.

''(f) Crops Covered. - Assistance under this section shall be

applicable to losses for all crops (including losses of trees from

which a crop is harvested), as determined by the Secretary, due to

disasters.

''(g) Crop Insurance. -

''(1) Administration. - In carrying out this section, the

Secretary shall not discriminate against or penalize producers on

a farm who have purchased crop insurance under the Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.).

''(2) Encouraging future crop insurance participation. -

Subject to section 1132, the Secretary, acting through the

Federal Crop Insurance Corporation, may use the funds made

available under subsections (b) and (c), and only those funds, to

provide premium refunds or other assistance to purchasers of crop

insurance for their 1998 insured crops, or their preceding

(including 1998) insured crops.

''(3) Producers who have not purchased crop insurance for 1998

crop. - As a condition of receiving assistance under this

section, producers on a farm who have not purchased crop

insurance for the 1998 crop under that Act shall agree by

contract to purchase crop insurance for the 1999 and 2000 crops

produced by the producers.

''(4) Liquidated damages. -

''(A) In general. - The contract under paragraph (3) shall

provide for liquidated damages to be paid by the producers due

to the failure of the producers to purchase crop insurance as

provided in paragraph (3).

''(B) Notice of damages. - The amount of the liquidated

damages shall be established by the Secretary and specified in

the contract agreed to by the producers.

''(5) Funding for crop insurance purchase requirement. -

Subject to section 1132, such sums as may be necessary, to remain

available until expended, shall be available to the Federal Crop

Insurance Corporation to cover costs incurred by the Corporation

as a result of the crop insurance purchase requirement of

paragraph (3). Funds made available under subsections (b) and (c)

may not be used to cover such costs.

''SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.

''Subject to section 1132, the Secretary shall use not more than

$200,000,000 to make available livestock feed assistance to

livestock producers affected by disasters during calendar year

1998.

''SUBTITLE B - MARKET LOSS ASSISTANCE

''SEC. 1111. MARKET LOSS ASSISTANCE.

''(a) In General. - Subject to section 1132 and except as

provided in subsection (d), the Secretary shall use not more than

$3,057,000,000 for assistance to owners and producers on a farm who

are eligible for final payments for fiscal year 1998 under a

production flexibility contract for the farm under the Agricultural

Market Transition Act (7 U.S.C. 7201 et seq.) to partially

compensate the owners and producers for the loss of markets for the

1998 crop of a commodity.

''(b) Amount. - Except as provided in subsection (d), the amount

of assistance made available to owners and producers on a farm

under this section shall be proportional to the amount of the

contract payment received by the owners and producers for fiscal

year 1998 under a production flexibility contract for the farm

under the Agricultural Market Transition Act.

''(c) Time for Payment. - The assistance made available under

this section for an eligible owner or producer shall be made as

soon as practicable after the date of enactment of this Act (Oct.

21, 1998).

''(d) Of the total amount provided under subsection (a),

$200,000,000 shall be available to provide assistance to dairy

producers in a manner determined by the Secretary: Provided, That

no payments made under this section shall affect any decision with

respect to rulemaking activities described under section 143 of

Public Law 104-127 (7 U.S.C. 7253).

''SUBTITLE C - OTHER ASSISTANCE

''SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS.

''(a) Federal Contribution. - Subject to subsection (b), the

Secretary of Agriculture shall pay $5,000,000 to the State of

Georgia to help fund an indemnity fund, to be established and

managed by that State, to compensate cotton producers in that State

for losses incurred in 1998 or 1999 from the loss of properly

stored, harvested cotton as the result of the bankruptcy of a

warehouseman or other party in possession of warehouse receipts

evidencing title to the commodity, an improper conversion or

transfer of the cotton, or such other potential hazards as

determined appropriate by the State.

''(b) Conditions on Payment to State. - The Secretary of

Agriculture shall make the payment to the State of Georgia under

subsection (a) only if the State -

''(1) contributes $5,000,000 to the indemnity fund and agrees

to expend all amounts in the indemnity fund by not later than

January 1, 2002 (or as soon as administratively practical

thereafter), to provide compensation to cotton producers as

provided in such subsection;

''(2) requires the recipient of a payment from the indemnity

fund to repay the State, for deposit in the indemnity fund, the

amount of any duplicate payment the recipient otherwise recovers

for such loss of cotton, or the loss of proceeds from the sale of

cotton, up to the amount of the payment from the indemnity fund;

and

''(3) agrees to deposit in the indemnity fund the proceeds of

any bond collected by the State for the benefit of recipients of

payments from the indemnity fund, to the extent of such payments.

''(c) Reporting Requirements. - The State of Georgia shall submit

a report to the Secretary of Agriculture and the Congress

describing the State's efforts to use the indemnity fund to provide

compensation to injured cotton producers.

''(d) Additional Disbursement to Cotton Ginners. - The State of

Georgia shall use funds remaining in the indemnity fund, after the

provision of compensation to cotton producers in Georgia under

subsection (a) (including cotton producers who file a contingent

claim, as defined and provided in section 5.1 of chapter 19 of

title 2 of the Official Code of Georgia), to compensate cotton

ginners (as defined and provided in such section) that -

''(1) incurred a loss as the result of -

''(A) the business failure of any cotton buyer doing business

in Georgia; or

''(B) the failure or refusal of any such cotton buyer to pay

the contracted price that had been agreed upon by the ginner

and the buyer for cotton grown in Georgia on or after January

1, 1997, and had been purchased or contracted by the ginner

from cotton producers in Georgia;

''(2) paid cotton producers the amount which the cotton ginner

had agreed to pay for such cotton received from such cotton

producers in Georgia; and

''(3) satisfy the procedural requirements and deadlines

specified in chapter 19 of title 2 of the Official Code of

Georgia applicable to cotton ginner claims.

''SEC. 1122. HONEY RECOURSE LOANS.

''(a) In General. - Notwithstanding any other provision of law,

in order to assist producers of honey to market their honey in an

orderly manner during a period of disastrously low prices, the

Secretary shall make available recourse loans to producers of the

1998 crop of honey on fair and reasonable terms and conditions, as

determined by the Secretary.

''(b) Loan Rate. - The loan rate of the loans shall be 85 percent

of the average price of honey during the 5-crop year period

preceding the 1998 crop year, excluding the crop year in which the

average price of honey was the highest and the crop year in which

the average price of honey was the lowest in the period.

''(c) No Net Cost Basis. - Repayment of a loan under this section

shall include repayment for interest and administrative costs as

necessary to operate the program established under this section on

a no net cost basis: Provided, That no administrative costs shall

be charged against this program which would have been incurred

otherwise.

''SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUCERS.

''Notwithstanding any of the provisions of section 196 of the

Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333) that would exclude the following producers from benefits

thereunder, the Secretary shall make Noninsured Crop Assistance

Program payments in fiscal year 1999 to raisin producers who

obtained catastrophic risk protection but because of adverse

weather conditions were not able to comply with the policy

deadlines for laying the raisins in trays.

''SEC. 1124. EMERGENCY ASSISTANCE.

''In addition to amounts appropriated or otherwise made available

by this Act (probably means the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations

Act, 1999, Pub. L. 105-277, div. A, Sec. 101(a), Oct. 21, 1998,

112 Stat. 2681, see Tables for classification), $50,000,000 is

appropriated to the Department of Agriculture, to remain available

until expended, to provide emergency disaster assistance to persons

or entities who have incurred losses from a failure under section

312(a) of Public Law 94-265 (16 U.S.C. 1861a(a)) or a fisheries

failure in the Norton Sound region of Alaska that has resulted in

the closure of commercial and subsistence fisheries to persons that

depend on fish as their primary source of food and income.

''SEC. 1125. FOOD FOR PROGRESS.

''(Amended section 1736o of this title.)

''SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHORITY.

''(Amended section 7237 of this title.)

''SEC. 1127. PILOT PROGRAMS.

''(a) Domestic Market Reporting Pilot Program. - (Enacted section

229a of this title.)

''(b) Export Market Reporting. - The Secretary shall -

''(1) implement a streamlined electronic system for collecting

export sales and shipments data, in the least intrusive manner

possible, for fresh or frozen muscle cuts of meat food products;

and

''(2) develop a data-reporting program to disseminate summary

information in a timely manner (in the case of beef, consistent

with the reporting under section 602(a) of the Agricultural Trade

Act of 1978 (7 U.S.C. 5712(a))).

''(c) Funding. - An amount of $250,000 is hereby appropriated to

carry out subsection (b).

''SUBTITLE D - ADMINISTRATION

''SEC. 1131. COMMODITY CREDIT CORPORATION.

''Subject to section 1132, the Secretary shall use the funds,

facilities, and authorities of the Commodity Credit Corporation to

carry out subtitles A, B, and C of this title.

''SEC. 1132. EMERGENCY REQUIREMENT.

''Notwithstanding the last sentence of section 251(b)(2)(A) of

the Balanced Budget and Emergency Deficit Control Act of 1985 (2

U.S.C. 901(b)(2)(A)), as amended, amounts made available by

subtitles A, B, and C of this title are designated by the Congress

as an emergency requirement pursuant to section 251(b)(2)(A) of the

Balanced Budget and Emergency Deficit Control Act of 1985, as

amended: Provided, That such amounts shall be available only to the

extent that an official budget request that includes designation of

the entire amount of the request as an emergency requirement as

defined in the Balanced Budget and Emergency Deficit Control Act of

1985, as amended (see Short Title note set out under section 900 of

Title 2, The Congress), is transmitted by the President to

Congress.

''SEC. 1133. REGULATIONS.

''(a) Issuance of Regulations. - As soon as practicable after the

date of enactment of this Act (Oct. 21, 1998), the Secretary and

the Commodity Credit Corporation, as appropriate, shall issue such

regulations as are necessary to implement subtitles A, B, and C of

this title. The issuance of the regulations shall be made without

regard to -

''(1) the notice and comment provisions of section 553 of title

5, United States Code;

''(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

''(3) chapter 35 of title 44, United States Code (commonly

known as the 'Paperwork Reduction Act').

''(b) Congressional Review of Agency Rulemaking. - In carrying

out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.''

(Amendment by section 913(b) of Pub. L. 106-78 to terminate 5

years after Oct. 22, 1999, see section 942 of Pub. L. 106-78, set

out in a Livestock Mandatory Reporting note under section 1635 of

this title.)

PROGRAMS FOR FARMERS AND RANCHERS WHO WERE ACTIVATED RESERVISTS

DURING PERSIAN GULF CONFLICT

Pub. L. 102-25, title III, Sec. 381-388, Apr. 6, 1991, 105 Stat.

95-98, established programs for farmers and ranchers who were

activated reservists during Persian Gulf conflict to provide for

protection of producer's crop acreage base for any program crop,

waiver of minimum planting requirement, temporary waiver of

conservation requirements, relief for borrowers under farm credit

provisions, and authority of a spouse or close relative to

participate in programs administered by Secretary of Agriculture on

behalf of activated reservists.

SURVEY OF PROGRAM PARTICIPANTS

Pub. L. 101-624, title XI, Sec. 1148, Nov. 28, 1990, 104 Stat.

3517, directed Secretary of Agriculture to require producers,

during sign-up period for commodity programs under section 1421 et

seq. of this title in the 1992 calendar year, to complete survey

regarding preference of producers, either to increase efficiency of

their farming operation or to assist in meeting conservation

requirements for farm, for redistribution of any crop acreage bases

on each producer's farm, to compile and analyze data collected from

survey to determine potential increases and decreases in State,

regional, and national acreage that would be planted to various

program crops, potential commodity program costs or savings, and

potential impact of such redistribution on competitiveness of

United States agriculture in world markets, and, not later than

Jan. 31, 1993, to submit to Congress results of survey.

OPTIONS PILOT PROGRAM

Pub. L. 101-624, title XI, subtitle E, Nov. 28, 1990, 104 Stat.

3518, as amended by Pub. L. 102-237, title I, Sec. 114(a)(2), Dec.

13, 1991, 105 Stat. 1838, known as Options Pilot Program Act of

1990, authorized Secretary of Agriculture to conduct pilot program

for each of the 1991 through 1995 crops of corn and for each of the

1993 through 1995 crops of wheat and soybeans, to determine whether

regulated agricultural commodity options trading could be used by

producers to obtain protection from fluctuations in market prices

of commodities produced and impact of such trading on prices of the

commodities, authorized terms and conditions for participation in

pilot program, provided for consultation with representatives of

commodity futures trading industry, and provided that the pilot

program was to be carried out by and through the Commodity Credit

Corporation, prior to repeal by Pub. L. 104-127, title I, Sec.

191(i), Apr. 4, 1996, 110 Stat. 942.

HURRICANE HUGO FORESTRY ASSISTANCE; COST-SHARE ASSISTANCE

Pub. L. 101-624, title XXII, Sec. 2235(b), Nov. 28, 1990, 104

Stat. 3960, directed Secretary of Agriculture to develop and

implement cost-share program to provide financial assistance to

owners of private timber stands that were damaged in 1989 by

Hurricane Hugo.

APPROPRIATIONS FOR FORESTRY ASSISTANCE AND DOUBLE CROPPING ON

DISASTER AREAS

Pub. L. 101-624, title XXII, Sec. 2235(c), Nov. 28, 1990, 104

Stat. 3961, provided that benefits or assistance provided under

section 2235 of Pub. L. 101-624 or amendments made by such that

(enacting provisions set out above and amending provisions set out

below) were to be provided only to extent provided for in advance

by appropriation acts and authorized appropriations for fiscal

years 1991 through 1995.

SCARCE FEDERAL RESOURCES

Pub. L. 101-624, title XXV, Sec. 2515, Nov. 28, 1990, 104 Stat.

4075, authorized Secretary of Agriculture, after concurrence of

certain Members of Congress, to rank by priority studies or reports

authorized by Pub. L. 101-624 and determine which of those studies

or reports was to be completed, but directed Secretary to complete

at least 12 of the studies or reports.

RECORDKEEPING IMPROVEMENT

Pub. L. 101-624, title XXV, Sec. 2516, Nov. 28, 1990, 104 Stat.

4075, which provided that section could be cited as ''Agricultural

Program Reporting and Recordkeeping Improvement Act of 1990'',

directed Secretary of Agriculture, not later than 240 days after

Nov. 28, 1990, to submit to Congress a report containing specific

proposals for reducing and simplifying recordkeeping and other

paperwork required of producers participating in programs

administered by Secretary and directed Secretary to take

appropriate action to integrate various data bases of Department

relating to agricultural program data, and to facilitate sharing of

relevant data among various agencies of Department.

READJUSTMENT OF SUPPORT LEVELS

Pub. L. 101-508, title I, Sec. 1302, Nov. 5, 1990, 104 Stat.

1388-12, as amended by Pub. L. 103-66, title I, Sec. 1301(b), Aug.

10, 1993, 107 Stat. 330, provided that, if by June 30, 1992, and by

June 30, 1993, the United States had not entered into agricultural

trade agreement in Uruguay Round of multilateral trade negotiations

under General Agreement on Tariffs and Trade (GATT) the Secretary

of Agriculture was to reconsider and adjust agricultural acreage

limitation and price support and production adjustment programs and

export promotion levels, as appropriate to protect interests of

American agricultural producers and ensure international

competitiveness of United States agriculture and that such

provisions were to cease to be effective if President certified to

Congress that failure to enter into such agreement was result in

whole or in part of provisions of 19 U.S.C. 2191, or essentially

similar provisions, not applying or in effect not applying during

period ending May 31, 1991 (or during period June 1, 1991, through

May 31, 1993, if condition of 19 U.S.C. 2903(b)(1)(B)(i) was

satisfied) to implementing bills submitted with respect to such an

agreement entered into during applicable period under 19 U.S.C.

2902(b), prior to repeal by Pub. L. 104-127, title II, Sec. 263(a),

Apr. 4, 1996, 110 Stat. 974.

REPAYMENT OF ADVANCE DEFICIENCY PAYMENTS

Pub. L. 101-220, Sec. 14, Dec. 12, 1989, 103 Stat. 1885, provided

that effective only for the 1988 crops of wheat, feed grains,

upland cotton, and rice, produced by producers that qualified for

assistance under section 201(a) of Pub. L. 100-387 or section

101(a) of Pub. L. 101-82 (set out below), if the Secretary of

Agriculture determines that any portion of the advance deficiency

payment made to producers for such crop under section 1445b-2 of

this title had to be refunded, such refund could not be required to

be made prior to July 31, 1990.

PILOT PROJECT ON CLEAN GRAIN PREMIUMS

Pub. L. 100-518, Sec. 3, Oct. 24, 1988, 102 Stat. 2587, directed

Secretary of Agriculture to conduct study of schedule of premiums

and discounts applied to loans made in accordance with this chapter

to determine how premiums and discounts could be used to encourage

production, marketing, and exporting of high quality, clean grain,

to submit, not later than May 1, 1989, to Congress report on

results of such study, to include recommendations with respect to

schedule of premiums and discounts in such report, and to establish

pilot project for 1989 crops of wheat, soybeans, and feed grains to

test effectiveness of such recommendations, and to submit report

describing result of project, not later than 180 days after end of

1989 marketing year for feed grains.

EMERGENCY CROP LOSS ASSISTANCE

Pub. L. 102-229, title I, Dec. 12, 1991, 105 Stat. 1712, as

amended by Pub. L. 102-368, title VI, Sept. 23, 1992, 106 Stat.

1130, appropriated an additional $1,750,000,000, to remain

available until expended, for losses associated with 1990 crops as

authorized by Pub. L. 101-624, formerly set out below, and for

losses associated with 1991 and 1992 crops under same terms and

conditions.

Pub. L. 101-624, title XXII, Sec. 2241-2272, Nov. 28, 1990, 104

Stat. 3962-3977, as amended by Pub. L. 101-508, title I, Sec.

1204(d), Nov. 5, 1990, 104 Stat. 1388-12; Pub. L. 102-237, title I,

Sec. 114(a)(4)-(16), Dec. 13, 1991, 105 Stat. 1838, 1839, related

to emergency crop loss assistance for the 1990 crop of wheat, feed

grains, upland cotton, extra long staple cotton, and rice, for

orchards, and for forest crops, prior to repeal by Pub. L. 103-354,

title I, Sec. 119(c), Oct. 13, 1994, 108 Stat. 3208. Similar

provisions for prior crop years were contained in:

Pub. L. 101-82, title I, Aug. 14, 1989, 103 Stat. 565, as amended

by Pub. L. 101-134, Sec. 1, Oct. 30, 1989, 103 Stat. 780; Pub. L.

101-220, Sec. 9(a)-(c), Dec. 12, 1989, 103 Stat. 1882; Pub. L.

101-624, title XXII, Sec. 2231, 2232, 2235(a), Nov. 28, 1990, 104

Stat. 3958, 3959; Pub. L. 102-237, title VI, Sec. 602(a), (c), Dec.

13, 1991, 105 Stat. 1878.

Pub. L. 100-387, title II, Aug. 11, 1988, 102 Stat. 933, as

amended by Pub. L. 101-82, title VI, Sec. 602, Aug. 14, 1989, 103

Stat. 587; Pub. L. 101-239, title I, Sec. 1004(a), Dec. 19, 1989,

103 Stat. 2108.

SPECIAL STUDY AND PILOT PROJECTS ON FUTURES TRADING

Pub. L. 99-198, title XVII, subtitle E, Sec. 1741-1743, Dec. 23,

1985, 99 Stat. 1643, 1644, as amended by Pub. L. 100-203, title I,

Sec. 1502, Dec. 22, 1987, 101 Stat. 1330-27, directed Secretary of

Agriculture to conduct study to determine manner in which commodity

futures markets and commodity options markets might be used by

producers of commodities traded on such markets to provide price

stability and income protection, extent of price stability and

income protection producers might reasonably expect to receive from

such participation, and Federal budgetary impact of such

participation compared with cost of applicable established price

support programs, to report results of study to Congress on or

before Dec. 31, 1989, and in connection with such study, to conduct

pilot program with respect to crops of wheat, feed grains, soybean,

and cotton.

FARM INCOME PROTECTION INSURANCE PROGRAM TASK FORCE, STUDY, AND

REPORT

Pub. L. 97-98, title XI, Sec. 1112, Dec. 22, 1981, 95 Stat. 1267,

directed Secretary of Agriculture to appoint a special task force

to study and report to Congress, not later than 18 months after

Dec. 22, 1981, as to whether farm income protection insurance would

provide the basis for an acceptable alternative to the commodity

price support, income maintenance, and disaster assistance programs

currently administered by the Department of Agriculture for the

benefit of farmers.

STUDIES IN RICE PRICE SUPPORT; REPORT TO CONGRESS; TERMINATION DATE

Section 315 of act Aug. 28, 1954, directed Secretary of

Agriculture to study various two-price systems of price support and

marketing which could be made applicable to rice and to submit to

Congress on or before Mar. 1, 1955, a detailed report thereon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1425, 1428, 1444, 1444b,

1445a, 1448 of this title.

-CITE-

7 USC Sec. 1421a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421a. Financial impact study

-STATUTE-

(a) Study

The Secretary of Agriculture shall conduct an annual study of the

financial impact of the support levels established and announced by

the Secretary under programs contained in the Agricultural Act of

1949 (7 U.S.C. 1421 et seq.) (hereafter in this section referred to

as ''programs''), including a study of the effect of the support

levels on the ability of producers to meet their financial

obligations (with special emphasis on borrowers from the Farmers

Home Administration and the Farm Credit System).

(b) Report

The Secretary shall annually prepare a report containing the

results of the study and submit the report to the Committee on

Agriculture of the House of Representatives and the Committee on

Agriculture, Nutrition, and Forestry of the Senate, not later than

the date of the final announcement for the programs by the

Secretary for any 1 year.

(c) Informational purposes

The study under this section (including the study of the effect

of the support levels on the ability of producers to meet their

financial obligations) shall be only for informational purposes and

for Congressional oversight and shall not give rise to any cause of

action, be a basis for, or be used as evidence in support of, any

claim or right of any person, including farmers and borrowers, in

any administrative or judicial proceeding.

-SOURCE-

(Pub. L. 101-624, title XI, Sec. 1147, Nov. 28, 1990, 104 Stat.

3516.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (a), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to this chapter (Sec. 1421 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 1421 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the

Agricultural Act of 1949 which is classified principally to this

chapter. For complete classification of the 1949 Act to the Code,

see Short Title note set out under section 1421 of this title and

Tables.

-MISC3-

EFFECTIVE DATE

Section effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as a note under section 1421 of this title.

-CITE-

7 USC Sec. 1421b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421b. Costs of production

-STATUTE-

Congress finds that, to improve the accuracy of commodity program

benefit forecasts, the Secretary of Agriculture should designate a

single organization to manage its commodity program forecasting and

establish a quality control program to -

(1) systematically identify the source of forecasting errors;

(2) maintain records of data used for supply and demand

forecasts;

(3) document its forecasting methods; and

(4) correct weaknesses in its various forecasting components.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2512, Nov. 28, 1990, 104 Stat.

4073; Pub. L. 104-66, title I, Sec. 1011(b), Dec. 21, 1995, 109

Stat. 709.)

-COD-

CODIFICATION

Section was enacted as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the

Agricultural Act of 1949 which is classified principally to this

chapter. For complete classification of the 1949 Act to the Code,

see Short Title note set out under section 1421 of this title and

Tables.

-MISC3-

AMENDMENTS

1995 - Pub. L. 104-66 struck out subsec. (a) designation and

heading ''Improving accuracy of commodity program budget

forecasts'' before ''Congress finds that'', and struck out subsec.

(b) ''Return on assets'' which read as follows: ''The Secretary of

Agriculture shall annually publish a report analyzing the return on

assets resulting from the production of upland cotton, rice, wheat,

corn, oats, barley, grain sorghum, soybeans, peanuts, sugar from

sugar beets, and raw sugar from sugar cane. In conducting this

analysis, the Secretary shall consider returns from agricultural

price support programs, the effects of agricultural price support

programs on cost of production, the factors currently used in

Department of Agriculture cost of production data, current value of

land, and any other information that he considers necessary to

reflect accurately return on the production of such crops.''

-CITE-

7 USC Sec. 1421c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421c. Repealed. Pub. L. 104-66, title I, Sec. 1011(c), Dec.

21, 1995, 109 Stat. 709

-MISC1-

Section, Pub. L. 101-624, title XXV, Sec. 2513, Nov. 28, 1990,

104 Stat. 4074, directed Secretary of Agriculture to develop system

for informing consumers of farm value of agricultural products and

to submit annual reports on such information to Congress.

-CITE-

7 USC Sec. 1421d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1421d. Commodity reports

-STATUTE-

(a) Crop reports

The Secretary of Agriculture (hereafter in this section referred

to as the ''Secretary'') shall gather data from producers to be

used to develop crop reports to be distributed by the Secretary

during the growing season. The report shall contain statements of

the conditions of those crops by State, with such explanations,

comparisons, and information as may be useful for illustrating such

reports.

(b) Special reports

(1) In general

In addition to the reports compiled pursuant to subsection (a)

of this section, the Secretary shall annually survey producers

for information for reports regarding supply, acreage,

production, disposition, and prices for the following commodities

as determined by the Secretary:

(A) 25 fresh market vegetables;

(B) 3 processing vegetables;

(C) 6 fruits and nuts;

(D) 17 forage and turf seeds;

(E) 50 vegetable seeds; and

(F) maple syrup.

(2) Administrative

The Secretary shall annually prepare a report containing

results of the surveys described in paragraph (1) in such States

as determined by the Secretary. Such reports shall be submitted

to and officially approved by the Secretary of Agriculture before

being issued or published.

(c) Tree inventories

The Secretary shall survey producers for information for reports

regarding fruit and nut tree inventories. Such surveys and reports

shall be conducted, printed, and distributed on a regular basis

every 3 to 5 years as determined by the Secretary. Reports shall be

submitted to and officially approved by the Secretary before being

issued or published.

(d) Omitted

(e) Authorization

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 101-624, title XXV, Sec. 2514, Nov. 28, 1990, 104 Stat.

4074.)

-COD-

CODIFICATION

Section was enacted as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the

Agricultural Act of 1949 which is classified principally to this

chapter. For complete classification of the 1949 Act to the Code,

see Short Title note set out under section 1421 of this title and

Tables.

Section is comprised of section 2514 of Pub. L. 101-624. Subsec.

(d) of section 2514 of Pub. L. 101-624 repealed section 411a of

this title.

-CITE-

7 USC Sec. 1422 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1422. Increase of price support levels

-STATUTE-

(a) Notwithstanding any other provision of this Act, price

support at a level in excess of the maximum level of price support

otherwise prescribed in this Act may be made available for any

agricultural commodity if the Secretary determines, after a public

hearing of which reasonable notice has been given, that price

support at such increased level is necessary in order to prevent or

alleviate a shortage in the supply of any agricultural commodity

essential to the national welfare or in order to increase or

maintain the production of any agricultural commodity in the

interest of national security. The Secretary's determination and

the record of the hearing shall be available to the public.

(b) Effective only for the 1991 through 1995 crops of wheat, feed

grains, cotton, and rice, the Secretary of Agriculture may provide

for annual adjustments in the established prices for such program

crops to reflect any change during the last calendar year ending

before the beginning of each such crop year in the index of prices

paid by farmers for production items, interest, taxes, and wage

rates in such calendar year.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 402, 63 Stat. 1054; Pub. L.

101-624, title XI, Sec. 1127, Nov. 28, 1990, 104 Stat. 3508.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-624 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1428, 1441, 1444 of this

title.

-CITE-

7 USC Sec. 1423 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1423. Adjustments of support prices

-STATUTE-

(a) In general

The Secretary may make appropriate adjustments in the support

price for any commodity (excluding cotton) for differences in

grade, type, quality, location and other factors. The adjustments

shall, so far as practicable, be made in such manner that the

average support price for the commodity will, on the basis of the

anticipated incidence of such factors be equal to the level of

support determined as provided in this Act. Beginning with the 1991

crops of wheat, feed grains, and soybeans for which price support

is provided under this Act, the Secretary shall establish premiums

and discounts related to cleanliness factors in addition to any

other premiums or discounts related to quality.

(b) Adjustment in support prices for cotton

The Secretary may make appropriate adjustments in the support

price for cotton for differences in quality factors and location.

Beginning with the 1991 crop, the quality differences (premiums and

discounts for quality factors) for the upland cotton loan program

shall be established by the Secretary by giving equal weight to (1)

loan differences for the preceding crop, and (2) market differences

for such crop in the designated United States spot markets.

(c) Limitation on adjustments for wheat and feed grains

Notwithstanding any other provision of this section, for each of

the 1990 through 1995 crops of wheat and feed grains, no adjustment

in the loan rate applicable to a particular region, State, or

county for the purpose of reflecting transportation differentials

may increase or decrease the regional, State, or county loan rate

from the level established for the previous year by more than the

percentage change in the national average loan rate plus or minus 3

percent.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 403, 63 Stat. 1054; Pub. L.

85-835, title I, Sec. 108, 111, Aug. 28, 1958, 72 Stat. 993; Pub.

L. 89-321, title VIII, Sec. 802, Nov. 3, 1965, 79 Stat. 1213; Pub.

L. 97-98, title V, Sec. 507, Dec. 22, 1981, 95 Stat. 1241; Pub. L.

100-203, title I, Sec. 1105, Dec. 22, 1987, 101 Stat. 1330-5; Pub.

L. 101-624, title XI, Sec. 1128, title XX, Sec. 2011, Nov. 28,

1990, 104 Stat. 3508, 3932.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-624, Sec. 2011, inserted at end of subsec. (a)

''Beginning with the 1991 crops of wheat, feed grains, and soybeans

for which price support is provided under this Act, the Secretary

shall establish premiums and discounts related to cleanliness

factors in addition to any other premiums or discounts related to

quality.''

Pub. L. 101-624, Sec. 1128, in amending section generally,

designated part of existing text as subsecs. (a), (b), and (c), and

in subsec. (a) inserted provisions excluding cotton, in subsec. (b)

substituted reference to 1991 crop for reference to 1982 crop, and

substituted reference to quality factors for reference to grade,

staple and micronaire, and in subsec. (c) substituted reference to

1990 through 1995 crops for reference to 1988 through 1990 crops,

substituted reference to 3 percent for reference to 2 percent, and

struck out provisions relating to establishment and duties of a

study committee and authority of Secretary to review and revise

procedures and criteria for establishing values of premiums and

discounts for grade, staple and micronaire for upland cotton

program.

1987 - Pub. L. 100-203 inserted at end ''Notwithstanding the

preceding provisions of this section, for each of the 1988 through

1990 crops of wheat and feed grains, no adjustment in the loan rate

applicable to a particular region, State, or county for the purpose

of reflecting transportation differentials may increase or decrease

such regional, State, or county loan rate from the level

established for the previous year by more than the percentage

change in the national average loan rate plus or minus 2 percent.''

1981 - Pub. L. 97-98 inserted provision directing that beginning

with 1982 crop of upland cotton, the quality differences for the

loan program be established by giving equal weight to the loan

differences for the preceding crop and to the market differences

for the crop in the nine designated United States spot markets and

authorizing the Secretary to establish a study committee to study

and report on alternative methods of establishing values of

premiums and discounts for grade, staple, and micronaire for the

upland cotton loan program that accurately represent true relative

market values and reflect actual market demand for upland cotton

produced in the United States and to review procedures and criteria

for determining quality differences, prior to the announcement of

the loan rate differences for the 1982 crop of upland cotton, and

based on such review, revise such procedures and criteria to

actually reflect the actual market value of upland cotton produced

in the United States.

1965 - Pub. L. 89-321 provided that, in determining support

prices for 1966 and 1967 rice crops, the Secretary shall use head

and broken rice value factors for the various varieties which are

not lower than those with respect to the 1965 crop and which do not

differ as between any two varieties by a greater amount than the

value factors used with respect to the 1965 crop for such two

varieties differed.

1958 - Pub. L. 85-835 provided for support of split grades, and

repealed, effective with the 1961 crop, sentence prescribing

standard cotton grade for parity and price support purposes.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1128 of Pub. L. 101-624 effective beginning

with 1991 crop of an agricultural commodity, with provision for

prior crops, see section 1171 of Pub. L. 101-624, set out as a note

under section 1421 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1428, 1444, 1445 of this

title.

-CITE-

7 USC Sec. 1424 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1424. Utilization of services and facilities of Commodity

Credit Corporation

-STATUTE-

The Secretary, in carrying out programs under section 612c of

this title and section 1755 of title 42, may utilize the services

and facilities of the Commodity Credit Corporation (including but

not limited to procurement by contract), and make advance payments

to it.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 404, 63 Stat. 1054; Pub. L.

106-78, title VII, Sec. 752(b)(2), Oct. 22, 1999, 113 Stat. 1169.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-78 made technical amendment to reference in

original act which appears in text as reference to section 1755 of

title 42.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7301 of this title.

-CITE-

7 USC Sec. 1425 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1425. Producer rights and liabilities

-STATUTE-

(a) Liability for deficiencies

Except as otherwise provided in section 1425a of this title, no

producer shall be personally liable for any deficiency arising from

the sale of the collateral securing any loan made under authority

of this Act unless such loan was obtained through fraudulent

representations by the producer. This provision shall not,

however, be construed to prevent the Commodity Credit Corporation

or the Secretary from requiring producers to assume liability for

deficiencies in the grade, quality, or quantity of commodities

stored on the farm or delivered by them, for failure properly to

care for and preserve commodities, or for failure or refusal to

deliver commodities in accordance with the requirements of the

program. There is authorized to be included in the terms and

conditions of any such nonrecourse loan a provision whereby on and

after the maturity of the loan or any extension thereof Commodity

Credit Corporation shall have the right to acquire title to the

unredeemed collateral without obligation to pay for any market

value which such collateral may have in excess of the loan

indebtedness.

(b) Sugarcane and sugar beets

The security interests obtained by the Commodity Credit

Corporation as a result of the execution of security agreements by

the processors of sugarcane and sugar beets shall be superior to

all statutory and common law liens on raw cane sugar and refined

beet sugar in favor of the producers of sugarcane and sugar beets

and all prior recorded and unrecorded liens on the crops of

sugarcane and sugar beets from which the sugar was derived. The

preceding sentence shall not affect the application of section

1421(e)(2) of this title.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 405, 63 Stat. 1054; Pub. L.

85-835, title V, Sec. 502, Aug. 28, 1958, 72 Stat. 996; Pub. L.

99-198, title X, Sec. 1004, Dec. 23, 1985, 99 Stat. 1447; Pub. L.

100-460, title VI, Sec. 634(a), Oct. 1, 1988, 102 Stat. 2263; Pub.

L. 102-237, title I, Sec. 111(b), Dec. 13, 1991, 105 Stat. 1830.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-237 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''(1) Notwithstanding any other provision of law, the Secretary

may provide a negotiable certificate to any producer who repays,

together with interest, a price support loan made available to such

producer under any of the annual programs, for wheat, feed grains,

upland cotton, or rice established under this Act.

''(2) The amount of such certificates shall be equal to the

amount of the interest paid by the producer on such loan.

''(3) Such certificate shall be redeemable in wheat, feed grains,

upland cotton, or rice, as the case may be, owned by the Commodity

Credit Corporation.

''(4) The issuance of such certificate shall be subject to the

availability of commodities owned by the Corporation.''

1988 - Subsec. (a). Pub. L. 100-460 substituted ''Except as

otherwise provided in section 1425a of this title, no producer''

for ''No producer''.

1985 - Pub. L. 99-198 temporarily designated existing provisions

as subsec. (a) and added subsec. (b). See Effective and Termination

Dates of 1985 Amendment note below.

1958 - Pub. L. 85-835 authorized the Commodity Credit Corporation

to acquire title to agricultural commodities on which nonrecourse

price-support loans have been made without the necessity of

computing and making payments to the farmer.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 634(a) of Pub. L. 100-460 provided that the amendment

made by that section is effective beginning with 1989 crop year for

honey.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 1004 of Pub. L. 99-198 provided that the amendment made

by that section is effective only for 1986 through 1990 crops.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1425a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1425a. Producers of honey; loan obligations and liabilities

-STATUTE-

(a) Loan forfeiture limitation

A producer of honey may satisfy the producer's obligation to

repay a loan, or a portion of a loan, made to the producer under

section 1446h (FOOTNOTE 1) of this title by forfeiting the

collateral for the loan, or portion of the loan, only if the value

of the collateral forfeited, when taken together with the value of

the collateral forfeited on any other loan or loans of the person

for such crop of honey under section 1446h (FOOTNOTE 1) of this

title, does not exceed $200,000 in the 1991 crop year, $175,000 in

the 1992 crop year, $150,000 in the 1993 crop year, and $125,000 in

each of the 1994 and subsequent crop years: Provided, however, That

the loan forfeiture limitation provided by this section shall not

be applicable for any crop year for which the Secretary does not

permit producers of honey to repay the price support loans at a

level determined under section 1446h(b)(2) (FOOTNOTE 1) of this

title.

(FOOTNOTE 1) See References in Text note below.

(b) Liability for nonforfeitable part of obligation

The producer of honey shall be personally liable for the

repayment of a loan or loans made to the producer under the program

for the crop of honey involved, with respect to that portion of the

loan or loans for which satisfaction of the loan by forfeiture, as

provided in subsection (a) of this section, is prohibited.

(c) Extent of personal liability

The loan contracts of the Commodity Credit Corporation entered

into with producers of honey shall clearly indicate the extent to

which a producer of honey may be personally liable for repayment of

a loan under this section.

(d) Promulgation of regulations

The Commodity Credit Corporation may issue such regulations as

the Corporation deems necessary to carry out this section. The

regulations shall provide for the attribution of the value of

collateral forfeited on loans described in subsection (a) of this

section.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 405A, as added Pub. L.

100-460, title VI, Sec. 634(b), Oct. 1, 1988, 102 Stat. 2263;

amended Pub. L. 101-624, title X, Sec. 1002, title XI, Sec.

1161(d), Nov. 28, 1990, 104 Stat. 3490, 3521.)

-REFTEXT-

REFERENCES IN TEXT

Section 1446h of this title, referred to in subsec. (a), was

repealed by Pub. L. 104-127, title I, Sec. 171(b)(2)(H), Apr. 4,

1996, 110 Stat. 938.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1161(d), substituted

references to sections 1446h and 1446h(b)(2) of this title for

references to sections 1446(b) and 1446(b)(2)(B) of this title,

respectively.

Pub. L. 101-624, Sec. 1002(1), substituted ''person for such crop

of honey under section 1446h of this title, does not exceed

$200,000 in the 1991 crop year, $175,000 in the 1992 crop year,

$150,000 in the 1993 crop year, and $125,000 in each of the 1994

and subsequent crop years'' for ''producer for such crop of honey

under section 1446(b) of this title, does not exceed $250,000''.

Subsec. (d). Pub. L. 101-624, Sec. 1002(2), inserted provisions

requiring that the regulations issued pursuant to this subsection

provide for the attribution of the value of collateral forfeited on

loans described in subsec. (a).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

PROHIBITION ON USE OF FUNDS FOR HONEY PAYMENTS OR LOAN FORFEITURES

Pub. L. 104-37, title VII, Sec. 718, Oct. 21, 1995, 109 Stat.

331, provided that none of the funds appropriated or otherwise made

available by Pub. L. 104-37 were to be used by the Secretary of

Agriculture to provide total amount of payments and/or total amount

of loan forfeitures to a person to support the price of honey under

this section or former section 1446h of this title in excess of

zero dollars in the 1994, 1995, and 1996 crop years.

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 103-330, title VII, Sec. 723, Sept. 30, 1994, 108 Stat.

2469.

Pub. L. 103-111, title VII, Sec. 728, Oct. 21, 1993, 107 Stat.

1081.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1425 of this title.

-CITE-

7 USC Sec. 1426 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1426. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(I),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, acts Oct. 31, 1949, ch. 792, title IV, Sec. 406, 63

Stat. 1055; Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1016, 99

Stat. 1457; Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1129,

104 Stat. 3508; Dec. 13, 1991, Pub. L. 102-237, title I, Sec.

113(11), 105 Stat. 1838, provided for advance announcement of price

support levels.

-CITE-

7 USC Sec. 1427 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1427. Commodity Credit Corporation sales price restrictions

-STATUTE-

(a) In general

The Commodity Credit Corporation may sell any farm commodity

owned or controlled by the Corporation at any price not prohibited

by this section.

(b) Inventories

In determining sales policies for basic agricultural commodities

or storable nonbasic commodities, the Corporation should consider

the establishment of such policies with respect to prices, terms,

and conditions as the Corporation determines will not discourage or

deter manufacturers, processors, and dealers from acquiring and

carrying normal inventories of the commodity of the current crop.

(c) Sales price restrictions

(1) In general

Except as otherwise provided in this section, the Corporation

shall not sell any basic agricultural commodity or storable

nonbasic commodity at less than 115 percent of the lower of -

(A) the current national average price support loan rate for

the commodity adjusted for the current market differentials

reflecting grade, quality, location, reasonable carrying

charges, and other factors determined appropriate by the

Corporation; or

(B) the loan repayment level.

(2) Extra long staple cotton

The Corporation may sell extra long staple cotton for

unrestricted use at such price as the Corporation determines is

appropriate to maintain and expand export and domestic markets.

(3) Oilseeds

The Corporation shall not sell oilseeds at less than the lower

of -

(A) 105 percent of the current national average price support

loan rate for the oilseed, adjusted for the current market

differentials reflecting grade, quality, location, reasonable

carrying charges, and other factors determined appropriate by

the Corporation; or

(B) 115 percent of the loan repayment level.

(4) Wheat and feed grains

Whenever the producer reserve program for wheat and feed grains

established under section 1445e of this title is in effect, the

Corporation may not sell any of its stocks of wheat or feed

grains at a level that is less than 150 percent of the then

current loan rate for wheat or feed grains.

(5) Upland cotton

The Commodity Credit Corporation shall sell upland cotton for

unrestricted use at the same price the Corporation sells upland

cotton for export, but in no event at less than the amount

provided for in paragraph (1).

(d) Nonapplication of sales price restrictions

The foregoing restrictions of this section shall not apply to -

(1) sales for new or byproduct uses;

(2) sales of peanuts and oilseeds for the extraction of oil;

(3) sales for seed or feed if the sales will not substantially

impair any price support program;

(4) sales of commodities that have substantially deteriorated

in quality or as to which there is a danger of loss or waste

through deterioration or spoilage;

(5) sales for the purpose of establishing claims arising out of

contract or against persons who have committed fraud,

misrepresentation, or other wrongful acts with respect to the

commodity;

(6) sales for export (excluding sales of upland cotton for

export);

(7) sales of wool; and

(8) sales for other than primary uses.

(e) Distress, disaster, and livestock emergency areas

(1) In general

Notwithstanding the foregoing provisions of this section, the

Corporation, on such terms and conditions as the Secretary may

consider in the public interest, may -

(A) make available any farm commodity or product thereof

owned or controlled by the Corporation for use in relieving

distress -

(i) in any area in the United States (including the Virgin

Islands) declared by the President to be an acute distress

area because of unemployment or other economic cause, if the

President finds that the use will not displace or interfere

with normal marketing of agricultural commodities; and

(ii) in connection with any major disaster determined by

the President to warrant assistance by the Federal Government

under the Disaster Relief and Emergency Assistance Act (42

U.S.C. 5121 et seq.); and

(B) donate or sell commodities in accordance with subchapter

V of this chapter.

(2) Costs

Except on a reimbursable basis, the Corporation shall not bear

any costs in connection with making the commodity available under

this subsection beyond the cost of the commodities to the

Corporation in -

(A) the storage of the commodity; and

(B) the handling and transportation costs in making delivery

of the commodity to designated agencies at one or more central

locations in each State or other area.

(f) Efficient operations

(1) In general

Subject to paragraph (2), the foregoing restrictions of this

section shall not apply to sales of commodities the disposition

of which is desirable in the interest of the effective and

efficient conduct of the operations of the Corporation because of

the small quantities involved, or because of age, location or

questionable continued storability of the commodity.

(2) Offsets

The sales shall be offset (if necessary) by the purchases of

commodities as the Corporation determines is appropriate to

prevent the sales from substantially impairing any price support

program or unduly affecting market prices, except that the

purchase price shall not exceed the Corporation's minimum sales

price for the commodities for unrestricted use.

(3) Competitive bid basis

Subject to the sales price restrictions contained in this

section, the Corporation may sell any basic agricultural

commodity or storable nonbasic commodity on a competitive bid

basis, if the sale is determined to be appropriate by the

Secretary.

(g) Sales for export

For the purposes of this section, sales for export shall include

-

(1) sales made on condition that the identical commodities sold

be exported; and

(2) sales made on condition that commodities of the same kind

and of comparable value or quantity be exported, either in raw or

processed form.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 407, 63 Stat. 1055; July

10, 1954, ch. 469, title III, Sec. 308, formerly Sec. 301, 68 Stat.

458, renumbered Sec. 308, Pub. L. 95-88, title II, Sec. 211(a)(1),

Aug. 3, 1977, 91 Stat. 548; amended July 29, 1954, ch. 643, 68

Stat. 583; Jan. 28, 1956, ch. 14, 70 Stat. 6; Pub. L. 85-835, title

I, Sec. 109, Aug. 28, 1958, 72 Stat. 993; Pub. L. 87-127, Aug. 7,

1961, 75 Stat. 293; Pub. L. 87-703, title III, Sec. 325(2), title

IV, Sec. 404, Sept. 27, 1962, 76 Stat. 631, 632; Pub. L. 88-297,

title I, Sec. 104, title II, Sec. 204, Apr. 11, 1964, 78 Stat. 175,

183; Pub. L. 88-585, Sec. 1, Sept. 11, 1964, 78 Stat. 927; Pub. L.

89-321, title IV, Sec. 404, Nov. 3, 1965, 79 Stat. 1197; Pub. L.

89-808, Sec. 3(e), Nov. 11, 1966, 80 Stat. 1538; Pub. L. 90-475,

Sec. 7, Aug. 11, 1968, 82 Stat. 703; Pub. L. 90-559, Sec. 1(5),

Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, title IV, Sec. 409,

title VI, Sec. 603, Nov. 30, 1970, 84 Stat. 1367, 1377; Pub. L.

95-113, title IV, Sec. 408, title VI, Sec. 603, Sept. 29, 1977, 91

Stat. 927, 939; Pub. L. 97-98, title V, Sec. 503, title XI, Sec.

1103, 1111(a), Dec. 22, 1981, 95 Stat. 1240, 1264, 1267; Pub. L.

98-88, Sec. 5, Aug. 26, 1983, 97 Stat. 499; Pub. L. 99-198, title

V, Sec. 503, title X, Sec. 1007, title XVII, Sec. 1763(b), Dec. 23,

1985, 99 Stat. 1418, 1451, 1651; Pub. L. 100-387, title I, Sec.

101(b)(2), Aug. 11, 1988, 102 Stat. 931; Pub. L. 100-707, title I,

Sec. 109(a)(2), Nov. 23, 1988, 102 Stat. 4708; Pub. L. 101-624,

title XI, Sec. 1130, Nov. 28, 1990, 104 Stat. 3509.)

-REFTEXT-

REFERENCES IN TEXT

The Disaster Relief and Emergency Assistance Act, referred to in

subsec. (e)(1)(A)(ii), is Pub. L. 93-288, May 22, 1974, 88 Stat.

143, as amended, known as the Robert T. Stafford Disaster Relief

and Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 308 of act July 10, 1954, ch. 469, title III, as

added Sept. 21, 1959, Pub. L. 86-341, title I, Sec. 13, 73 Stat.

609; amended Sept. 27, 1962, Pub. L. 87-703, title II, Sec. 203, 76

Stat. 611, cited as a credit to this section, which enacted section

1697 of this title, was repealed by Pub. L. 89-808, Sec. 2(D), Nov.

11, 1966, 80 Stat. 1535.

AMENDMENTS

1990 - Pub. L. 101-624 amended section generally, designating

part of existing text as subsecs. (a) to (g), and as so designated,

in subsec. (c), substituting provisions restricting sales of

nonbasic or agricultural commodities at less than 115 percent of

the levels of the current national price support level or the loan

repayment level for provisions restricting such sales at less than

5 percent above the current support price, substituting provisions

authorizing the sale of extra long staple cotton at any price

determined appropriate for provisions that it sell at not less than

15 percent above the current support price, adding provisions

relating to oilseeds, and wheat and feed grains, deleting

provisions relating to sales of extra long staple cotton for

unrestricted use and the authority of Secretary in carrying out

this section.

1988 - Pub. L. 100-707, substituted ''the Disaster Relief and

Emergency Assistance Act'' for ''Public Law 875, Eighty-first

Congress, as amended (42 U.S.C. 1855)''.

Pub. L. 100-387 substituted provision authorizing the Commodity

Credit Corporation to donate or sell commodities in accordance with

subchapter V of this chapter for provision authorizing the

Commodity Credit Corporation to make feed for livestock available

to certain persons in certain areas during emergencies.

1985 - Pub. L. 99-198, Sec. 1007, temporarily reenacted

substantially without change the amendments made in 1981 by section

1103 of Pub. L. 97-98, which had established a floor for sales of

wheat and feed grains in inventory for unrestricted use at 115 per

centum of the current national average loan rate for the commodity

adjusted for current market differentials reflecting grade,

quality, location, and other value factors, plus reasonable

carrying charges; designated such provisions as thus reenacted as

cl. (A) of the proviso involved and added cl. (B) relating to the

Secretary's permitting the repayment of loans at a loan rate less

than the loan level determined for such crop; and reenacted, also

without change, the amendments by Pub. L. 97-98 which had the price

at which purchases had to be made to offset sales in the interest

of the efficient conduct of the Corporation's operations to an

amount not exceeding the minimum sales price for the commodity for

unrestricted use. See Effective and Termination Dates of 1985

Amendment note below.

Pub. L. 99-198, Sec. 1763(b), inserted provision giving the

Commodity Credit Corporation authority to (1) make available feed

for livestock to certain persons during emergencies in areas in

which feed grains are normally produced and normally available for

feed purposes, but in which they are unavailable because of a

catastrophe described in the fourth sentence of this section, (2)

make such feed available to such persons through feed dealers in

the areas, (3) make such feed available at a price not less than

the price prescribed in the fourth sentence of this section, and

(4) bear any expenses incurred in connection with making such feed

available to such persons under this sentence, including

transportation and handling costs.

Pub. L. 99-198, Sec. 503, temporarily reenacted substantially

without change the amendments made in 1981 by section 503 of Pub.

L. 97-98, which provided that the Commodity Credit Corporation sell

upland cotton for unrestricted use at the same prices as it sells

cotton for export, but in no event at less than 115 per centum of

the loan rate for Strict Low Middling one and one-sixteenth inch

upland cotton, micronaire 3.5 through 4.9, adjusted for such

current market differentials reflecting grade, quality, location,

and other value factors as the Secretary determines appropriate

plus reasonable carrying charges, and substituted ''as it sells

upland cotton'' for ''as it sells cotton'' and ''percent'' for

''per centum''; designated such provisions as thus reenacted as cl.

(A), and added cl. (B) relating to the Secretary's permitting the

repayment of loans at a loan rate less than the loan level

determined for such crop. See Effective and Termination Dates of

1985 Amendment note below.

1983 - Pub. L. 98-88 inserted provision that, beginning Aug. 26,

1983, the Commodity Credit Corporation may sell extra long staple

cotton for unrestricted use at such price levels as the Secretary

determines appropriate to maintain and expand export and domestic

markets for such cotton.

1981 - Pub. L. 97-98 temporarily reenacted without change the

amendments made in 1977 by section 408 of Pub. L. 95-113, which had

established a floor for sales of wheat and feed grains in inventory

for unrestricted use at 115 per centum of the current national

average loan rate for the commodity adjusted for current market

differentials reflecting grade, quality, location, and other value

factors, plus reasonable carrying charges, and which had changed

the price at which purchases had to be made to offset sales in the

interest of the efficient conduct of the Corporation's operations

to an amount not exceeding the minimum sales price for the

commodity for unrestricted use, and the amendment made in 1977 by

section 603 of Pub. L. 95-113, which provided that the Commodity

Credit Corporation sell upland cotton for unrestricted use at the

same prices as it sells cotton for export, but in no event at less

than 115 per centum of the loan rate for Strict Middling one and

one-sixteenth inch upland cotton, micronaire 3.5 through 4.9,

adjusted for such current market differentials reflecting grade,

quality, location, and other value factors as the Secretary

determines appropriate plus reasonable carrying charges, and

substituted ''may make available'' for ''shall make available'' and

''may make feed'' for ''shall make feed''. See Effective and

Termination Dates of 1981 Amendment note below.

1977 - Pub. L. 95-113 temporarily reenacted without change the

amendments made in 1970 by section 409 of Pub. L. 91-524 which had

established a floor for sales of wheat and feed grains in inventory

for unrestricted use at 115 per centum of the current national

average loan rate for the commodity adjusted for current market

differentials reflecting grade, quality, location, and other value

factors, plus reasonable carrying charges, and which had changed

the price at which purchases had to be made to offset sales in the

interest of the efficient conduct of the Corporation's operations

to an amount not exceeding the minimum sales price for the

commodity for unrestricted use, and reenacted the amendment made in

1970 by section 603 of Pub. L. 91-524 with regard to the sale of

upland cotton by the Corporation with the single change of

substituting ''at less than 115 per centum of the loan rate for

Strict Low Middling one and one-sixteenth inch upland cotton'' for

''at less than 110 per centum of the loan rate for Middling

one-inch upland cotton'' in provisions setting the minimum price at

which the Corporation shall sell upland cotton for unrestricted

use. See Effective and Termination Dates of 1977 Amendment note

below.

1970 - Pub. L. 91-524 temporarily established a floor for sales

of wheat and feed grains in inventory for unrestricted use at 115

per centum of the current national average loan rate for the

commodity adjusted for current market differentials reflecting

grade, quality, location, and other value factors, plus reasonable

carrying charges, changed the price at which purchases must be made

to offset sales in the interest of the efficient conduct of the

Corporation's operations to an amount not exceeding the minimum

sales price for the commodity for unrestricted use, and provided

for sale of upland cotton by the Corporation for unrestricted use

at the same prices as it sold for export, in no event, however, at

less than 110 percent of the loan rate for Middling one-inch cotton

(micronaire 3.5 through 4.9) adjusted for such current market

differentials reflecting grade, quality, location, and other value

factors as deemed appropriate by the Secretary, plus reasonable

carrying charges. See Effective and Termination Dates of 1970

Amendment note below.

1968 - Pub. L. 90-559 extended termination date for sale of

upland cotton from July 31, 1970, to July 31, 1971.

Pub. L. 90-475 required that notwithstanding any other provision

of this section, effective Aug. 1, 1968, the Commodity Credit

Corporation make available for sale for unrestricted use at current

market prices a quantity of American grown extra long staple cotton

equal to the specified amount, with the proviso that beginning with

the marketing year for which the national marketing quota is not

established pursuant to section 1347(b)(3) of this title, no sales

shall be made at less than 115 percent of the loan rate for extra

long staple cotton under section 1441(f) of this title, and

required the Secretary to make adjustments in the quantities of

cotton to be made available.

1966 - Pub. L. 89-808 inserted proviso to third sentence

prohibiting, whenever carryover at end of any marketing year of a

price supported agricultural commodity for which a voluntary

adjustment program is in effect will be less than 25 per centum (35

per centum in the case of wheat) of the estimated export and

domestic consumption of such commodity during such marketing year,

sale of CCC stocks of such commodity during such year for

unrestricted use at less than 115 per centum (120 per centum in the

case of wheat whenever its carryover will be less than 25 per

centum of such estimated export and domestic consumption) of the

current price support loan plus reasonable carrying charges.

1965 - Pub. L. 89-321 required that notwithstanding any other

provision of this section, for the period August 1, 1966, through

July 31, 1970, (1) the Commodity Credit Corporation shall sell

upland cotton for unrestricted use at the same prices as it sells

cotton for export, in no event, however, at less than 110 per

centum of the loan rate, and (2) the Commodity Credit Corporation

shall sell or make available for unrestricted use at current market

prices in each marketing year a quantity of upland cotton equal to

the amount by which the production of upland cotton is less than

the estimated requirements for domestic use and for export for such

marketing year, permitted the Secretary to make such estimates and

adjustments therein at such times as he determines will best

effectuate the provisions of part (2) of the foregoing sentence,

and required such quantities of cotton as are required to be sold

under such sentence to be offered for sale in an orderly manner and

so as not to affect market prices unduly.

1964 - Pub. L. 88-585 provided that the Corporation, in providing

feed to distressed areas, may charge not less than 75 percent of

the current basic county support rate including the value of any

applicable price support payment in kind, included the Virgin

Islands within those areas where such feed can be made obtainable,

authorized the Secretary to provide feed by feed dealers under such

arrangement that the feed so furnished would be replaced with feed

owned or controlled by the Corporation and sold to such persons,

and inserted ''or other area'' after ''one or more central

locations in each State''.

Pub. L. 88-297, Sec. 104, inserted proviso that beginning Aug. 1,

1964, the Corporation may sell upland cotton for unrestricted use

at not less than 105 per centum of the current loan rate for such

cotton under section 1444(a) of this title plus reasonable carrying

charges.

Pub. L. 88-297, Sec. 204, temporarily substituted proviso that if

wheat marketing allocation program is in effect, the current price

for wheat shall be the support price for wheat not accompanied by

marketing certificates for proviso prescribing support price for

wheat accompanied by marketing certificate and sale of wheat to be

accompanied by marketing certificate, respectively. See Effective

and Termination Dates of 1964 Amendment note below.

1962 - Pub. L. 87-703 prescribed that a marketing certificate

accompany the support price for wheat and wheat sold and authorized

the Secretary to make Commodity Credit Corporation feed available,

prior to Dec. 31, 1963, to milk producers to assure supply free of

radioactive fallout contamination, respectively.

1961 - Pub. L. 87-127 empowered Corporation to sell, at not less

than 75 percent of the current support price, feed owned or

controlled by it to assist in the preservation and maintenance of

foundation herds of cattle, sheep, and goats in such areas where

the Secretary determines an emergency exists warranting such

assistance.

1958 - Pub. L. 85-835 required Corporation to sell cotton for

unrestricted use at not less than 15 per centum above support price

plus reasonable carrying charges, and authorized Corporation to

sell at market price a number of bales equal to that by which the

national marketing quota is less than domestic consumption and

exports.

1956 - Act Jan. 28, 1956, included as ''sales for export'' sales

made on condition that like commodities of comparable value or

quantity be exported in raw or processed form.

1954 - Act July 29, 1954, exempted from the minimum price

requirement any sales where disposition is desirable in the

interest of effective and efficient conduct of the Corporation's

operations because of the small quantities involved or because of

age, location, or questionable storability.

Act July 10, 1954, inserted provisions relating to use of farm

commodities and products in relieving distress.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Section 101(c) of Pub. L. 100-387 provided that:

''(1) This section and the amendments made by this section

(enacting sections 1471 to 1471j of this title, amending this

section, repealing sections 1433 and 2267 of this title, enacting

provisions set out as a note under section 1421 of this title, and

repealing provisions set out as notes under this section) shall

become effective 15 days after the date of the enactment of this

Act (Aug. 11, 1988).

''(2) The provisions of section 604(d), 605(c), 606(a)(2)(A),

606(e), 609(c), and 609(d) of the Agricultural Act of 1949, as

added by subsection (a) (7 U.S.C. 1471b(d), 1471c(c),

1471d(a)(2)(A), (e), 1471g(c), (d)), shall apply only with respect

to any livestock emergency in 1988.''

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 503 of Pub. L. 99-198 provided that the amendment made by

that section (with respect to Commodity Credit Corporation sales

price restrictions for upland cotton) is effective only with

respect to period beginning Aug. 1, 1978, and ending July 31, 1991.

Section 1007 of Pub. L. 99-198 provided that the amendment made

by that section (with respect to Commodity Credit Corporation sales

price restrictions for wheat and feed grains) is effective only for

marketing years for 1986 through 1990 crops.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 503 of Pub. L. 97-98 provided that the amendment made by

that section (with respect to Commodity Credit Corporation sales

price restrictions for upland cotton) is effective only with

respect to period beginning Aug. 1, 1978, and ending July 31, 1986.

Section 1103 of Pub. L. 97-98 provided that the amendment made by

that section (with respect to Commodity Credit Corporation sales

restrictions for wheat and feed grains) is effective only for

marketing years for 1982 through 1985 crops.

Amendment by Sec. 1111(a) of Pub. L. 97-98 effective Dec. 22,

1981, see section 1801 of Pub. L. 97-98, set out as an Effective

Date note under section 4301 of this title.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Section 408 of Pub. L. 95-113 provided that the amendment made by

that section (which reenacted without change the amendment first

made by section 409 of Pub. L. 91-524 establishing a floor for

sales of wheat and feed grains and changing price at which

purchases must be made to offset sales in interest of efficient

conduct of Corporation's operations) is effective only with respect

to marketing years for 1978 through 1981 crops.

Section 603 of Pub. L. 95-113 provided that the amendment made by

that section (which reenacted with some changes (see 1977 Amendment

note above) the amendment first made by section 603 of Pub. L.

91-524 relating to sale of upland cotton by Corporation) is

effective only with respect to period beginning Aug. 1, 1978, and

ending July 31, 1982.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Section 409 of Pub. L. 91-524, as amended by Pub. L. 93-86, Sec.

1(16), Aug. 10, 1973, 87 Stat. 230, provided that the amendment

made by that section (establishing a floor for sales of wheat and

feed grains and changing price at which purchases must be made to

offset sales in interest of efficient conduct of Corporation's

operations) is effective only with respect to marketing years for

1971 through 1977 crops.

Section 603 of Pub. L. 91-524, as amended by Pub. L. 93-86, Sec.

1(21), Aug. 10, 1973, 87 Stat. 235, provided that the amendment

made by that section (covering sale of upland cotton by

Corporation) is effective only with respect to period beginning

Aug. 1, 1971, and ending July 31, 1978.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5

of Pub. L. 89-808, set out as a note under section 1691 of this

title.

EFFECTIVE AND TERMINATION DATES OF 1964 AMENDMENT

Section 204 of Pub. L. 88-297, as amended by Pub. L. 89-321,

title V, Sec. 503(3), Nov. 3, 1965, 79 Stat. 1203; Pub. L. 90-559,

Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment

made by that section is effective only with respect to marketing

years beginning in calendar years 1964 through 1970.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

SALE OF CORN TO ETHANOL PRODUCERS

Section 332 of Pub. L. 100-387 provided that:

''(a) In General. - Except as otherwise provided in this section

and notwithstanding section 110(f) of the Agricultural Act of 1949

(7 U.S.C. 1445e(f)) or any other provision of law, if, during any

month commencing after July 31, 1988, the average corn price (as

determined under subsection (d)) exceeds the fuel conversion price

(as defined in section 212 of the Agricultural Trade Suspension

Adjustment Act of 1980 (7 U.S.C. 4005)), the Secretary of

Agriculture may make available for sale to domestic producers of

ethanol fuel, for the production of ethanol, not more than

12,000,000 bushels per month of corn owned by the Commodity Credit

Corporation.

''(b) Price. - Corn shall be sold under this section at a price

that is not more than such fuel conversion price, except that such

price shall not be less than 110 percent of the basic county loan

rate for corn, prior to any adjustment made under section

105C(a)(3) of the Agricultural Act of 1949 (7 U.S.C. 1444e(a)(3)).

''(c) Maximum Amount. - The total quantity of corn sold to any

ethanol producer under this section may not exceed 2,000,000

bushels per month.

''(d) Average Corn Price. - The average corn price under this

section shall be determined by the Secretary based on the average

corn price in markets used for determinations made under clause (5)

of the third sentence of section 110(b) of the Agricultural Act of

1949 (7 U.S.C. 1445e(b)).

''(e) Terms. - (1) The Secretary may not make corn or other

commodities available under this section to any domestic producer

of ethanol that uses in excess of 30,000,000 bushels of corn or

comparable commodity annually in producing ethanol.

''(2) Domestic producers of ethanol fuel purchasing corn under

this section shall agree not to resell such corn and to make

available a quantity of feed byproducts equivalent to the quantity

processed from such corn for sale to domestic livestock producers

and feeders in a manner and subject to such terms and conditions as

are approved by the Secretary.

''(f) Termination. - The Secretary shall terminate any program

established under this section no later than September 1, 1989. The

Secretary shall terminate the program on an earlier date if the

Secretary determines that -

''(1) such program is no longer necessary to maintain the

economic viability of the ethanol industry; or

''(2) a sufficient supply of corn otherwise would not be

available to fulfill estimated obligations of the Commodity

Credit Corporation under emergency livestock feeding programs

during the subsequent 180-day period.

''(g) Other Commodities. - The Secretary may, at the request of a

domestic producer of ethanol, substitute other feed grains (such as

grain sorghum) for corn on an equitable basis, taking into account

variations in the value of such commodities in the production of

ethanol.''

EMERGENCY FEED ASSISTANCE

Pub. L. 98-180, title III, Sec. 303, Nov. 29, 1983, 97 Stat.

1151, which authorized Secretary of Agriculture to make damaged

corn available to assist eligible farmers and ranchers in areas

adversely affected by drought, hot weather, or related disaster to

preserve and maintain foundation herds of livestock and poultry,

which corn was to be available until Sept. 30, 1984, or date, as

determined by the Secretary, on which emergency no longer exists,

was repealed by Pub. L. 100-387, title I, Sec. 101(b)(5), Aug. 11,

1988, 102 Stat. 932, eff. 15 days after Aug. 11, 1988.

SALE OF FEED FOR LIVESTOCK IN EMERGENCY AREAS; DESIGNATION OF

EMERGENCY AREA; CONDITIONS; PENALTY

Pub. L. 86-299, Sept. 21, 1959, 73 Stat. 574, as amended by Pub.

L. 88-585, Sec. 3, Sept. 11, 1964, 78 Stat. 927, which authorized

Secretary of Agriculture to sell feed grains to provide feed for

livestock in any area determined by Secretary to be an emergency

area, and provided penalty for any person disposing of such feed

other than by feeding livestock owned by him, was repealed by Pub.

L. 100-387, title I, Sec. 101(b)(4), Aug. 11, 1988, 102 Stat. 931,

eff. 15 days after Aug. 11, 1988.

FEED GRAIN; SALE BY CCC; TERMINATION DATE

Act Aug. 28, 1954, ch. 1041, title II, Sec. 208, 68 Stat. 901,

authorized the Commodity Credit Corporation 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.

AUTHORIZATION FOR COMMODITY CREDIT CORPORATION TO SELL WHEAT AND

CORN

Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635, as authorizing

Commodity Credit Corporation to purchase flour and cornmeal for

donation and to sell, without regard to this section, an equivalent

amount of wheat and corn, see note set out under section 1431 of

this title.

SALE OF COMMODITIES FOR FOREIGN CURRENCIES

Sale of surplus agricultural commodities for foreign currencies,

see section 1691 et seq., of this title.

-EXEC-

EX. ORD. NO. 11336. DELEGATION OF AUTHORITY RELATING TO EMERGENCY

LIVESTOCK FEED

Ex. Ord. No. 11336, Mar. 22, 1967, 32 F.R. 4489, provided:

By virtue of the authority vested in me by section 301 of Title 3

of the United States Code, and as President of the United States,

it is ordered as follows:

Section 1. (a) The Secretary of Agriculture is hereby designated

and empowered to exercise, without the approval, ratification, or

other action of the President, the authority vested in the

President by clause (1) of the fifth sentence of section 407 of the

Agricultural Act of 1949, as amended (7 U.S.C. 1427), to the extent

prescribed in subsection (b) of this section.

(b) Whenever the Secretary of Agriculture determines that the

chronic economic distress of the needy members of an Indian tribe

is materially increased by severe drought, flood, hurricane,

blizzard, or other uncontrollable catastrophe affecting any

reservation or other land designated for Indian use which is

utilized by members of such tribe for grazing livestock, he may,

under subsection (a) of this section, declare such reservation or

other land to be an acute distress area because of unemployment or

other economic reasons if he finds that the use of farm commodities

or the products thereof made available by the Commodity Credit

Corporation for livestock feed in that area will not displace or

interfere with normal marketing of agricultural commodities.

Sec. 2. Federal assistance in relieving distress, extended as a

result of action by the Secretary of Agriculture under the

authority delegated by section 1 of this order, shall terminate in

each instance upon notice by the Secretary of Agriculture.

Sec. 3. In carrying out the provisions of this order the

Secretary of Agriculture shall maintain liaison with the Secretary

of the Interior and shall consult with the latter as may be

appropriate.

Sec. 4. The declaration contained in the letter of the President

to the Secretary of Agriculture, dated February 1, 1965, that

reservation lands in Arizona, Utah and New Mexico, which are grazed

in common by Indian tribes, are an acute distress area shall

continue in effect until January 1, 1968, or until such earlier

date as may be fixed by notice of the Secretary of Agriculture

published in the Federal Register. Lyndon B. Johnson.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1427a, 1428, 1444, 1446,

1744 of this title; title 50 App. section 2093.

-CITE-

7 USC Sec. 1427-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1427-1. Quality requirements for Commodity Credit Corporation

owned grain

-STATUTE-

(a) Establishment of minimum standards

Notwithstanding any other provision of law, the Secretary shall

establish minimum quality standards that shall apply to grain that

is deposited for storage for the account of the Commodity Credit

Corporation. In establishing such standards, the Secretary shall

take into consideration factors related to the ability of grain to

withstand storage and assurance of acceptable end-use performance.

(b) Inspection of grain acquisitions

The Commodity Credit Corporation shall utilize Federal Grain

Inspection Service approved procedures to inspect and evaluate the

condition of the grain it acquires from producers. In no case

shall this section require the use of an official inspection unless

the producer so requests.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 407A, as added Pub. L.

101-624, title XX, Sec. 2012, Nov. 28, 1990, 104 Stat. 3933.)

-MISC1-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1427a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1427a. Reserve inventories for alleviation of distress of

natural disaster

-STATUTE-

(a) Establishment, maintenance and disposal by Secretary; amount

and nature of reserve

Notwithstanding any other provision of law, the Secretary of

Agriculture may under the provisions of this Act establish,

maintain, and dispose of a separate reserve of inventories of not

to exceed 75 million bushels of wheat, feed grains, and soybeans

for the purpose of alleviating distress caused by a natural

disaster.

Such reserve inventories may include such quantities of grain

that the Secretary deems needed to provide for the alleviation of

distress as the result of a natural disaster.

(b) Acquisition of commodities through price support program

The Secretary may acquire such commodities through the price

support program. However, if the Secretary determines that no

wheat, feed grains, or soybeans are available through the price

support program at locations where they may be economically

utilized to alleviate distress caused by a natural disaster, the

Secretary is authorized to purchase through the facilities of the

Commodity Credit Corporation such wheat, feed grains, soybeans,

hay, or other livestock forages as the Secretary deems necessary

for disposition in accordance with the authority provided in

subsection (d) of this section. The Secretary may acquire wheat,

feed grains, soybeans, hay, or other livestock forages at such

locations, at such times, and in such quantities as the Secretary

finds necessary and appropriate and may pay such transportation and

other costs as may be required to permit disposition of such wheat,

feed grains, soybeans, hay, and other livestock forages under

subsection (d) of this section.

(c) Prerequisites for sale or disposition of commodities in reserve

Except when a state of emergency has been proclaimed by the

President or by concurrent resolution of Congress declaring that

such reserves should be disposed of, the Secretary shall not offer

any commodity in the reserve for sale or disposition.

(d) Additional authorization for disposition of commodities to

relieve distress or for civil defense emergencies

The Secretary is also authorized to dispose of such commodities

only for (1) use in relieving distress (A) in any State, the

District of Columbia, Puerto Rico, Guam, or the Virgin Islands of

the United States, (B) in connection with any major disaster or

emergency determined by the President to warrant assistance by the

Federal Government under the Disaster Relief and Emergency

Assistance Act (88 Stat. 143, as amended; 42 U.S.C. 5121), and (C)

in connection with any emergency determined by the Secretary to

warrant assistance under section 1427 of this title, the Act of

September 21, 1959 (73 Stat. 574, as amended; 7 U.S.C. 1427 note),

or section 2267 (FOOTNOTE 1) of this title; or (2) use in

connection with a state of civil defense emergency as proclaimed by

the President or by concurrent resolution of the Congress in

accordance with title VI of The (FOOTNOTE 2) Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et

seq.).

(FOOTNOTE 1) See References in Text note below.

(FOOTNOTE 2) So in original. Probably should not be

capitalized.

(e) Sale at equivalent prices for maintenance of reserve

The Secretary may sell at an equivalent price, allowing for the

customary location and grade price differentials, substantially

equivalent quantities in different locations or warehouses to the

extent needed to properly handle, rotate, distribute, and locate

such reserve.

(f) Utilization of Commodity Credit Corporation and usual and

customary channels, etc., of trade and commerce

The Secretary may use the Commodity Credit Corporation to the

extent feasible to fulfill the purposes of this section; and to the

maximum extent practicable consistent with the fulfillment of the

purposes of this section and the effective and efficient

administration of this section shall utilize the usual and

customary channels, facilities, and arrangements of trade and

commerce.

(g) Rules and regulations

The Secretary may issue such rules and regulations as may be

necessary to carry out the provisions of this section.

(h) Authorization of appropriations

There is hereby authorized to be appropriated such sums as may be

necessary to carry out the purposes of this section.

-SOURCE-

(Pub. L. 91-524, title VIII, Sec. 813, as added Pub. L. 93-86, Sec.

1(27)(B), Aug. 10, 1973, 87 Stat. 239; amended Pub. L. 95-113,

title XI, Sec. 1103, Sept. 29, 1977, 91 Stat. 953; Pub. L. 97-98,

title X, Sec. 1003, Dec. 22, 1981, 95 Stat. 1260; Pub. L. 100-707,

title I, Sec. 109(b), Nov. 23, 1988, 102 Stat. 4708; Pub. L.

103-337, div. C, title XXXIV, Sec. 3412(b)(3), Oct. 5, 1994, 108

Stat. 3111.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 91-524, Nov. 30,

1970, 84 Stat. 1358, known as the Agricultural Act of 1970. For

complete classification of this Act to the Code, see Short Title of

1970 Amendment note set out under section 1281 of this title and

Tables.

The Disaster Relief and Emergency Assistance Act and the Robert

T. Stafford Disaster Relief and Emergency Assistance Act, referred

to in subsec. (d), are Pub. L. 93-288, May 22, 1974, 88 Stat. 143,

as amended, which is classified principally to chapter 68 (Sec.

5121 et seq.) of Title 42, The Public Health and Welfare. Title VI

of the Act is classified generally to subchapter IV-B (Sec. 5195 et

seq.) of chapter 68 of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under section

5121 of Title 42 and Tables.

Act of September 21, 1959, referred to in subsec. (d), is Pub. L.

86-299, Sept. 21, 1959, 73 Stat. 574, as amended, which is set out

as a note under section 1427 of this title.

Section 2267 of this title, referred to in subsec. (d), was

repealed by Pub. L. 100-387, title I, Sec. 101(b)(1), Aug. 11,

1988, 102 Stat. 931.

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1970 as

added by the Agriculture and Consumer Protection Act of 1973, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-337 substituted ''title VI of The

Robert T. Stafford Disaster Relief and Emergency Assistance Act''

for ''the provisions of the Federal Civil Defense Act of 1950, as

amended (50 U.S.C. App. 2251-2297)''.

1988 - Subsec. (d). Pub. L. 100-707 substituted ''and Emergency

Assistance Act'' for ''Act of 1974''.

1981 - Subsec. (a). Pub. L. 97-98 substituted ''may'' for

''shall'' wherever appearing.

Subsec. (b). Pub. L. 97-98 substituted ''Secretary may acquire

such commodities'' for ''Secretary shall acquire such

commodities''.

1977 - Subsec. (b). Pub. L. 95-113, Sec. 1103(a), inserted

provisions authorizing Secretary to act if it is determined that no

wheat, feed grains, or soybeans are available through the price

support program at locations where they can be economically

utilized to alleviate distress caused by a natural disaster.

Subsec. (d). Pub. L. 95-113, Sec. 1103(b), substituted ''(A) in

any State, the District of Columbia, Puerto Rico, Guam, or the

Virgin Islands of the United States, (B) in connection with any

major disaster or emergency determined by the President to warrant

assistance by the Federal Government under the Disaster Relief Act

of 1974, and (C) in connection with any emergency determined by the

Secretary to warrant assistance under section 1427 of this title,

the Act of September 21, 1959, or section 2267 of this title'' for

''(a) in any State, the District of Columbia, Puerto Rico, Guam, or

the Virgin Islands and (b) in connection with any major disaster

determined by the President to warrant assistance by the Federal

Government under Public Law 875, Eighty-first Congress, as

amended''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

COMMODITY CREDIT CORPORATION FUND; DISASTER RESERVE ASSISTANCE

PROGRAM

Pub. L. 105-18, title II, June 12, 1997, 111 Stat. 170, provided

in part: ''That notwithstanding any other provision of law,

beginning on October 1, 1997, grain in the disaster reserve

established in the Agricultural Act of 1970 (see Short Title of

1970 Amendment note set out under section 1281 of this title) shall

not exceed 20 million bushels''.

-CITE-

7 USC Sec. 1428 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1428. Definitions

-STATUTE-

For the purposes of this Act -

(a) A commodity shall be considered storable upon determination

by the Secretary that, in normal trade practice, it is stored for

substantial periods of time and that it can be stored under the

price-support program without excessive loss through deterioration

or spoilage or without excessive cost for storage for such periods

as will permit its disposition without substantial impairment of

the effectiveness of the price-support program.

(b) A ''cooperator'' with respect to any basic agricultural

commodity shall be a producer on whose farm the acreage planted to

the commodity does not exceed the farm acreage allotment for the

commodity under subchapter II of chapter 35 of this title, or in

the case of price support for corn or wheat to a producer outside

the commercial corn-producing or wheat-producing area, a producer

who complies with conditions of eligibility prescribed by the

Secretary: Provided, That for upland cotton a cooperator shall be a

producer on whose farm the acreage planted to such cotton does not

exceed the cooperator percentage, which shall be in the case of the

1966 crop, 87.5 per centum of such farm acreage allotment and, in

the case of each of the 1967 through 1970 crops, such percentage,

not less than 87.5 or more than 100 per centum, of such farm

acreage allotment as the Secretary may specify for such crop,

except that in the case of small farms (i.e. farms on which the

acreage allotment is 10 acres or less, or on which the projected

farm yield times the acreage allotment is 3,600 pounds or less, and

the acreage allotment has not been reduced under section 1344(m) of

this title) the acreage of cotton on the farm shall not be required

to be reduced below the farm acreage allotment: And provided, That

for the 1971 through 1977 crops of upland cotton a cooperator shall

be a producer on a farm on which a farm base acreage allotment has

been established who has set aside the acreage required under

section 1444(e) of this title: Provided further, That for the 1976

through 1981 crops of rice, a cooperator shall be a person who

produces rice on a farm for which a farm acreage allotment has been

established or to which a producer acreage allotment has been

allocated and, if a set-aside is in effect, who has set aside any

acreage required under section 1441(g) of this title. Provided

further, That for the 1978 through 1981 crops of upland cotton, a

cooperator shall be a producer on a farm who has set aside the

acreage required under section 1444(f) of this title. For the

purpose of this subsection, a producer shall not be deemed to have

exceeded his farm acreage allotment unless such producer knowingly

exceeded such allotment.

(c) A ''basic agricultural commodity'' shall mean corn, cotton,

rice, tobacco, and wheat, respectively.

(d) A ''nonbasic agricultural commodity'' shall mean any

agricultural commodity other than a basic agricultural commodity.

(e) The ''supply percentage'' as to any commodity shall be the

percentage which the estimated total supply is of the normal supply

as determined by the Secretary from the latest available statistics

of the Department of Agriculture as of the beginning of the

marketing year for the commodity.

(f) ''Total supply'' of any nonbasic agricultural commodity for

any marketing year shall be the carry-over at the beginning of such

marketing year, plus the estimated production of the commodity in

the United States during the calendar year in which such marketing

year begins and the estimated imports of the commodity into the

United States during such marketing year.

(g) ''Carry-over'' of any nonbasic agricultural commodity for any

marketing year shall be the quantity of the commodity on hand in

the United States at the beginning of such marketing year, not

including any part of the crop or production of such commodity

which was produced in the United States during the calendar year

then current. The carryover of any such commodity may also include

the quantity of such commodity in processed form on hand in the

United States at the beginning of such marketing year, if the

Secretary determines that the inclusion of such processed quantity

of the commodity is necessary to effectuate the purposes of this

Act.

(h) ''Normal supply'' of any nonbasic agricultural commodity for

any marketing year shall be (1) the estimated domestic consumption

of the commodity for the marketing year for which such normal

supply is being determined, plus (2) the estimated exports of the

commodity for such marketing year, plus (3) an allowance for

carry-over. The allowance for carry-over shall be the average

carry-over of the commodity for the five marketing years

immediately preceding the 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.

(i) ''Marketing year'' for any nonbasic agricultural commodity

means any period determined by the Secretary during which

substantially all of a crop or production of such commodity is

normally marketed by the producers thereof.

(j) Any term defined in the Agricultural Adjustment Act of 1938

(7 U.S.C. 1281 et seq.), shall have the same meaning when used in

this Act.

(k)(1) Reference made in sections 1422, 1423, 1426, 1427, and

1431 of this title to the terms ''support price'', ''level of

support'', and ''level of price support'' shall be considered to

apply as well to the loan and purchase level for wheat, feed

grains, upland cotton, extra long staple cotton, honey, oilseeds

and rice under this Act.

(2) References made to the terms ''price support'', ''price

support operations'', and ''price support program'' in such

sections and in section 1421(a) of this title shall be considered

as applying as well to loan and purchase operations for wheat, feed

grains, upland cotton, extra long staple cotton, honey, oilseeds

and rice under this Act.

(3) Notwithstanding any other provision of law, this subsection

shall be effective only for the 1991 through 1995 crops of wheat,

feed grains, upland cotton, extra long staple cotton, honey,

oilseeds and rice.

(l) ''Producer'' shall include a person growing hybrid seed under

contract. In determining the interest of a grower of hybrid seed

in a crop, the Secretary shall not take into consideration the

existence of a hybrid seed contract.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 408, 63 Stat. 1055; Aug.

28, 1954, ch. 1041, title II, Sec. 209, 68 Stat. 901; Pub. L.

89-321, title IV, Sec. 402(b), Nov. 3, 1965, 79 Stat. 1197; Pub. L.

90-559, Sec. 1(4), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524,

title IV, Sec. 408, title VI, Sec. 604, 607, Nov. 30, 1970, 84

Stat. 1367, 1378; Pub. L. 93-86, Sec. 1(22), Aug. 10, 1973, 87

Stat. 235; Pub. L. 94-214, title III, Sec. 303, 304, Feb. 16, 1976,

90 Stat. 187, 188; Pub. L. 95-113, title IV, Sec. 407, title VI,

Sec. 604(a), (b), title VII, Sec. 704, 705, Sept. 29, 1977, 91

Stat. 927, 939, 944; Pub. L. 97-98, title XI, Sec. 1104, Dec. 22,

1981, 95 Stat. 1264; Pub. L. 99-198, title X, Sec. 1018, Dec. 23,

1985, 99 Stat. 1459; Pub. L. 101-624, title XI, Sec. 1131, Nov. 28,

1990, 104 Stat. 3511; Pub. L. 107-171, title I, Sec. 1310(a)(2)(B),

May 13, 2002, 116 Stat. 182.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63

Stat. 1051, as amended, known as the Agricultural Act of 1949,

which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

Section 1441(g) of this title, referred to in subsec. (b), was

omitted from the Code.

The Agricultural Adjustment Act of 1938, referred to in subsec.

(j), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which

is classified principally to chapter 35 (Sec. 1281 et seq.) of this

title. For complete classification of this Act to the Code, see

section 1281 of this title and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-171 struck out ''peanuts,''

before ''rice,''.

1990 - Subsec. (k). Pub. L. 101-624, Sec. 1131(a), amended

subsec. (k) generally. Prior to amendment, subsec. (k) read as

follows:

''(1) Reference made in sections 1422, 1423, 1426, 1427, and 1431

of this title to the terms 'support price', 'level of support', and

'level of price support' shall be considered to apply as well to

the loan and purchase level for wheat, feed grains, upland cotton,

and rice under this Act.

''(2) References made to the terms 'price support', 'price

support operations', and 'price support program' in such sections

and in section 1421(a) of this title shall be considered as

applying as well to loan and purchase operations for wheat, feed

grains, upland cotton, and rice under this Act.''

Subsecs. (l), (m). Pub. L. 101-624, Sec. 1131(b), added subsec.

(l) and struck out former subsecs. (l) and (m). See 1977 Amendment

note below.

1985 - Subsec. (k). Pub. L. 99-198 temporarily amended subsec.

(k) generally, designating provisions before the semicolon as par.

(1) and substituting ''loan and purchase level'' for ''level of

loans and purchases'', and designating provisions after the

semicolon as par. (2). See Effective and Termination Dates of 1985

Amendment note below.

1981 - Subsec. (k). Pub. L. 97-98 temporarily substituted

''Reference made'' for ''References made'' and inserted reference

to section 1427 of this title and to upland cotton and rice. See

Effective and Termination Dates of 1981 Amendment note below.

1977 - Subsec. (b). Pub. L. 95-113, Sec. 604(a), 704, inserted

proviso defining cooperator for purposes of the 1978 through 1981

crops of upland cotton as a producer on a farm who has set aside

the acreage required under section 1444(f) of this title and

substituted ''1976 through 1981 crops of rice'' for ''1976 and 1977

crops of rice'' in proviso defining cooperator for purposes of

specific crops of rice.

Subsecs. (k) to (m). Pub. L. 95-113, Sec. 407, 604(b), 705,

temporarily amended subsecs. (k) to (m) generally. See Effective

and Termination Dates of 1977 Amendment note below.

1976 - Subsec. (b). Pub. L. 94-214, Sec. 303, inserted proviso

defining ''cooperator'' for 1976 and 1977 crops of rice.

Subsec. (m). Pub. L. 94-214, Sec. 304, temporarily added subsec.

(m). See Effective and Termination Dates of 1976 Amendment note

below.

1973 - Subsec. (b). Pub. L. 93-86 substituted ''1971 through

1977'' for ''1971, 1972, and 1973'' in proviso requiring that for

such designated crops of upland cotton a cooperator shall be a

producer on a farm on which a farm base acreage allotment has been

established who has set aside the acreage required under section

1444(e) of this title.

1970 - Subsec. (b). Pub. L. 91-524, Sec. 604, inserted proviso

that, for the 1971, 1972, and 1973 crops of upland cotton, a

cooperator shall be a producer on a farm on which a farm base

acreage allotment has been established who has set aside the

acreage required under section 1444(e) of this title.

Subsecs. (k), (l). Pub. L. 91-524, Sec. 408, 607, temporarily

added subsecs. (k) and (l). See Effective and Termination Dates of

1970 Amendment note below.

1968 - Subsec. (b). Pub. L. 90-559 provided for a one year

extension, substituting ''1967 through 1970'' for ''1967, 1968, and

1969''.

1965 - Subsec. (b). Pub. L. 89-321 temporarily inserted proviso.

See Effective and Termination Dates of 1965 Amendment note below.

1954 - Subsec. (b). Act Aug. 28, 1954, inserted ''or wheat''

after ''corn'', and ''or wheat-producing'' after ''corn

producing''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 1018 of Pub. L. 99-198 provided that the amendment made

by that section is effective only for 1986 through 1990 crops of

wheat, feed grains, upland cotton, and rice.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 1104 of Pub. L. 97-98 provided that the amendment made by

that section is effective only for 1982 through 1985 crops of

wheat, feed grains, upland cotton, and rice.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Sections 407, 604(b), and 705 of Pub. L. 95-113 provided that the

amendments made by those sections are effective for 1978 through

1981 crops.

EFFECTIVE AND TERMINATION DATES OF 1976 AMENDMENT

Section 304 of Pub. L. 94-214 provided that the amendment made by

that section is effective only with respect to 1976 and 1977 crops

of rice.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Sections 408 and 607 of Pub. L. 91-524, as amended by section

1(15), (22) of Pub. L. 93-86, provided that the amendments made by

those sections are effective only with respect to 1971 through 1977

crops.

EFFECTIVE AND TERMINATION DATES OF 1965 AMENDMENT

Section 402(b) of Pub. L. 89-321, as amended by Pub. L. 90-559,

Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment

made by that section is effective only for 1966 through 1970 crops.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1444 of this title.

-CITE-

7 USC Sec. 1429 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1429. Determinations of Secretary as final and conclusive

-STATUTE-

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 (15 U.S.C. 714 et seq.).

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 412, 63 Stat. 1057.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63

Stat. 1051, as amended, known as the Agricultural Act of 1949,

which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

The Commodity Credit Corporation Charter Act, referred to in

text, is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended,

which is classified generally to subchapter II (Sec. 714 et seq.)

of chapter 15 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 714 of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7301 of this title.

-CITE-

7 USC Sec. 1430 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1430. Retroactive effect

-STATUTE-

This Act shall not be effective with respect to price support

operations for any agricultural commodity for any marketing year or

season commencing prior to January 1, 1950, except to the extent

that the Secretary of Agriculture shall, without reducing price

support theretofore undertaken or announced, elect to apply the

provisions of this Act.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 413, 63 Stat. 1057.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63

Stat. 1051, as amended, known as the Agricultural Act of 1949,

which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1431 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431. Disposition of commodities to prevent waste

-STATUTE-

(a) Eligible recipients; barter; estimates; reprocessing and other

charges

In order to prevent the waste of commodities whether in private

stocks or 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 of Agriculture 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, in nonprofit

summer camps for children, in the assistance of needy persons, and

in charitable institutions, including hospitals and facilities, to

the extent that they serve needy persons (including infants and

children). In the case of clause (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 clause (3). The Commodity

Credit Corporation may pay, with respect to commodities disposed of

under this subsection, 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 subsection, the Commodity Credit Corporation may pay the

cost of processing such commodities into a form suitable for home

or institutional use, such processing to be accomplished through

private trade facilities to the greatest extent possible. For the

purpose of this subsection 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.

Notwithstanding any other provision of law, such dairy products may

be donated for distribution to needy households in the United

States and to meet the needs of persons receiving nutrition

assistance under the Older Americans Act of 1965 (42 U.S.C. 3001 et

seq.).

(b) Furnishing of eligible commodities for carrying out programs of

assistance in developing and friendly countries; availability

of eligible commodities for nonprofit and voluntary agencies

and cooperatives

(1) The Secretary, subject to the requirements of paragraph (10),

may furnish eligible commodities for carrying out programs of

assistance in developing countries and friendly countries under

titles II and III of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1721 et seq., 1727 et seq.) and

under the Food for Progress Act of 1985 (7 U.S.C. 1736o), as

approved by the Secretary, and for such purposes as are approved by

the Secretary. To ensure that the furnishing of commodities under

this subsection is coordinated with and complements other United

States foreign assistance, assistance under this subsection shall

be coordinated through the mechanism designated by the President to

coordinate assistance under the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1691 et seq.).

(2) As used in this subsection, the term ''eligible commodities''

means -

(A) dairy products, wheat, rice, feed grains, and oilseeds

acquired by the Commodity Credit Corporation through price

support operations, and the products thereof, that the Secretary

determines meet the criteria specified in subsection (a) of this

section; and

(B) such other edible agricultural commodities as may be

acquired by the Secretary or the Commodity Credit Corporation in

the normal course of operations and that are available for

disposition under this subsection, except that no such

commodities may be acquired for the purpose of their use under

this subsection.

(3)(A) Commodities may not be made available for disposition

under this subsection in amounts that (i) will, in any way, reduce

the amounts of commodities that traditionally are made available

through donations to domestic feeding programs or agencies, or (ii)

will prevent the Secretary from fulfilling any agreement entered

into by the Secretary under a payment-in-kind program under this

Act or other Acts administered by the Secretary.

(B)(i) The requirements of section 403(a) of the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1733(a))

shall apply with respect to commodities furnished under this

subsection. Commodities may not be furnished for disposition to

any country under this subsection except on determinations by the

Secretary that -

(I) the receiving country has the absorptive capacity to use

the commodities efficiently and effectively; and

(II) such disposition of the commodities will not interfere

with usual marketings of the United States, nor disrupt world

prices of agricultural commodities and normal patterns of

commercial trade with developing countries.

(ii) The requirement for safeguarding usual marketings of the

United States shall not be used to prevent the furnishing under

this subsection of any eligible commodity for use in countries that

-

(I) have not traditionally purchased the commodity from the

United States; or

(II) do not have adequate financial resources to acquire the

commodity from the United States through commercial sources or

through concessional sales arrangements.

(C) The Secretary shall take reasonable precautions to ensure

that -

(i) commodities furnished under this subsection will not

displace or interfere with sales that otherwise might be made;

and

(ii) sales or barter under paragraph (7) will not unduly

disrupt world prices of agricultural commodities nor normal

patterns of commercial trade with friendly countries.

(D) If eligible commodities are made available under this

subsection to a friendly country, nonprofit and voluntary agencies

and cooperatives shall also be eligible to receive commodities for

food aid programs in the country.

(4) Agreements may be entered into under this subsection to

provide eligible commodities in installments over an extended

period of time. In agreements with recipients of eligible

commodities under this subsection (including nonprofit and

voluntary agencies or cooperatives), subject to the availability of

commodities each fiscal year, the Secretary, on request, shall

approve multiyear agreements to make agricultural commodities

available for distribution or sale by the recipients if the

agreements otherwise meet the requirements of this subsection.

(5)(A) Section 406 of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1736) shall apply to the

commodities furnished under this subsection.

(B) The Commodity Credit Corporation may pay the processing and

domestic handling costs incurred, as authorized under this

subsection, in the form of eligible commodities, as defined in

paragraph (2)(A), if the Secretary determines that such in-kind

payment will not disrupt domestic markets.

(6) The cost of commodities furnished under this subsection, and

expenses incurred under section 406 of the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1736) in

connection with those commodities, shall be in addition to the

level of assistance programmed under that Act (7 U.S.C. 1691 et

seq.) and shall not be considered expenditures for international

affairs and finance.

(7) Eligible commodities furnished under this subsection may be

sold or bartered only with the approval of the Secretary and solely

as follows:

(A) Sales and barter that are incidental to the donation of the

commodities or products.

(B) Sales and barter to finance the distribution, handling, and

processing costs of the donated commodities or products in the

importing country or in a country through which such commodities

or products must be transshipped, or other activities in the

importing country that are consistent with providing food

assistance to needy people.

(C) Sales and barter of commodities and products furnished to

intergovernmental agencies or organizations, insofar as they are

consistent with normal programming procedures in the distribution

of commodities by those agencies or organizations.

(D)(i) Sales of commodities and products furnished to nonprofit

and voluntary agencies, or cooperatives, for food assistance

under agreements that provide for the use, by the agency or

cooperative, of proceeds generated from such sale of commodities

or products for the purposes established in clause (ii) of this

subparagraph.

(ii) Proceeds generated from partial or full sales or barter of

commodities by a nonprofit and voluntary agency or cooperative

shall be used -

(I) to transport, store, distribute, and otherwise enhance

the effectiveness of the use of commodities and the products

thereof donated under this section; and

(II) to implement income generating, community development,

health, nutrition, cooperative development, agricultural

programs, and other developmental activities.

In addition, proceeds generated in Poland may also be used by

governmental and nongovernmental agencies or cooperatives for

eligible activities approved by the joint commission established

pursuant to section 2226 of the American Aid to Poland Act of

1988 and by the United States chief of diplomatic mission in

Poland that would improve the quality of life of the Polish

people and would strengthen and support the activities of

governmental or private, nongovernmental independent institutions

in Poland. Activities eligible under the preceding sentence

include -

(I) any project undertaken in Poland under the auspices of

the Charitable Commission of the Polish Catholic Episcopate for

the benefit of handicapped or orphaned children;

(II) any project for the reconstruction, renovation, or

maintenance of the Research Center on Jewish History and

Culture of the Jagiellonian University of Krakow, Poland,

established for the study of events related to the Holocaust in

Poland;

(III) any other project or activity which strengthens and

supports private and independent sectors of the Polish economy,

especially independent farming and agriculture; and

(IV) the Polish Catholic Episcopate's Rural Water Supply

Foundation.

(iii) Except as otherwise provided in clause (v), such

agreements, taken together for each fiscal year, shall provide

for sales of commodities and products for proceeds in amounts

that are, in the aggregate, not less than 10 percent of the

aggregate value of all commodities and products furnished, or the

minimum tonnage required, whichever is greater, for carrying out

programs of assistance under this subsection in such fiscal

year. The minimum allocation requirements of this clause apply

with respect to commodities and products made available under

this subsection for carrying out programs of assistance under

titles II and III of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1721 et seq., 1727 et seq.), and

not with respect to commodities and products made available to

carry out the Food for Progress Act of 1985 (7 U.S.C. 1736o).

(iv) Proceeds generated from the sale of commodities or

products under this subparagraph shall be expended within the

country of origin within a reasonable length of time, as

determined by the Secretary, except that the Secretary may permit

the use of proceeds in a country other than the country of origin

as necessary to expedite the transportation of commodities and

products furnished under this subsection, or to otherwise carry

out the purposes of this subsection.

(v) The provisions of clause (iii) of this subparagraph

establishing minimum annual allocations for sales and use of

proceeds shall not apply to the extent that there have not been

sufficient requests for such sales and use of proceeds nor to the

extent required under paragraph (3).

(E) Sales and barter to cover expenses incurred under paragraph

(5)(a).

(F) The provisions of sections 403(i) and 407(c) (FOOTNOTE 1)

of the Agricultural Trade Development and Assistance Act of 1954

(7 U.S.C. 1733(i), 1736a(c)) shall apply to donations, sales and

barters of eligible commodities under this subsection.

(FOOTNOTE 1) See References in Text note below.

The Secretary may approve the use of proceeds or services realized

from the sale or barter of a commodity furnished under this

subsection by a nonprofit voluntary agency, cooperative, or

intergovernmental agency or organization to meet administrative

expenses incurred in connection with activities undertaken under

this subsection.

(8) Administrative provisions. -

(A) Expedited procedures. - To the maximum extent practicable,

expedited procedures shall be used in the implementation of this

subsection.

(B) Estimate of commodities. - The Secretary shall publish in

the Federal Register, not later than October 31 of each fiscal

year, an estimate of the types and quantities of commodities and

products that will be available under this section for the fiscal

year.

(C) Finalization of agreements. - The Secretary is encouraged

to finalize program agreements under this section not later than

December 31 of each fiscal year.

(D) Regulations. - The Secretary shall be responsible for

regulations governing sales and barter, and the use of foreign

currency proceeds, under paragraph (7) of this subsection that

will provide reasonable safeguards to prevent the occurrence of

abuses in the conduct of activities provided for in paragraph

(7).

(9)(A) Each recipient of commodities and products approved for

sale or barter under paragraph (7) shall report to the Secretary

information with respect to the items required to be included in

the Secretary's report pursuant to clauses (i) through (iv) of

subparagraph (B). Reports pursuant to this subparagraph shall be

submitted in accordance with regulations of the Secretary. Such

regulations shall require at least one report annually, to be

submitted not later than December 31 following the end of the

fiscal year in which the commodities and products are received;

except that a report shall not be required with respect to fiscal

year 1985.

(B) Omitted.

(10) Sale procedure. - In approving sales of commodities under

this subsection, the Secretary shall follow the sale procedure

described in section 403(l) of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1733(l)).

(11) Requirements. -

(A) In general. - Not later than 270 days after May 13, 2002,

the Secretary shall review and, as necessary, make changes in

regulations and internal procedures designed to streamline,

improve, and clarify the application, approval, and

implementation processes pertaining to agreements under this

section.

(B) Considerations. - In conducting the review, the Secretary

shall consider -

(i) revising procedures for submitting proposals;

(ii) developing criteria for program approval that separately

address the objectives of the program;

(iii) pre-screening organizations and proposals to ensure

that the minimum qualifications are met;

(iv) implementing e-government initiatives and otherwise

improving the efficiency of the proposal submission and

approval processes;

(v) upgrading information management systems;

(vi) improving commodity and transportation procurement

processes; and

(vii) ensuring that evaluation and monitoring methods are

sufficient.

(C) Consultations. - Not later than 1 year after May 13, 2002,

the Secretary shall consult with the Committee on Agriculture,

and the Committee on International Relations, of the House of

Representatives and the Committee on Agriculture, Nutrition, and

Forestry of the Senate on changes made in regulations and

procedures under this paragraph.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 416, 63 Stat. 1058; July

10, 1954, ch. 469, title III, Sec. 309, formerly Sec. 302, 68 Stat.

458, renumbered Sec. 309, Pub. L. 95-88, title II, Sec. 211(a)(1),

Aug. 3, 1977, 91 Stat. 548; amended May 28, 1956, ch. 327, title

II, Sec. 212, 70 Stat. 203; Pub. L. 85-483, Sec. 1, July 2, 1958,

72 Stat. 286; Aug. 26, 1954, ch. 937, title IV, Sec. 402, 68 Stat.

843, as amended Pub. L. 86-108, ch. II, Sec. 205(c), July 24,

1959, 73 Stat. 250; Pub. L. 87-703, title II, Sec. 202, Sept. 27,

1962, 76 Stat. 611; Pub. L. 88-638, Sec. 4, Oct. 8, 1964, 78 Stat.

1038; Pub. L. 89-808, Sec. 3(c), Nov. 11, 1966, 80 Stat. 1538; Pub.

L. 91-233, Apr. 17, 1970, 84 Stat. 199; Pub. L. 92-603, title IV,

Sec. 411(g), Oct. 30, 1972, 86 Stat. 1492; Pub. L. 95-113, title

XIII, Sec. 1302(a)(2), Sept. 29, 1977, 91 Stat. 979; Pub. L.

97-253, title I, Sec. 110, Sept. 8, 1982, 96 Stat. 766; Pub. L.

98-258, title V, Sec. 502, Apr. 10, 1984, 98 Stat. 137; Pub. L.

99-83, title X, Sec. 1007, Aug. 8, 1985, 99 Stat. 271; Pub. L.

99-198, title XI, Sec. 1109, 1129, Dec. 23, 1985, 99 Stat. 1467,

1486; Pub. L. 99-260, Sec. 16, Mar. 20, 1986, 100 Stat. 55; Pub. L.

100-203, title I, Sec. 1503, Dec. 22, 1987, 101 Stat. 1330-28; Pub.

L. 100-277, Sec. 1-5, Apr. 4, 1988, 102 Stat. 67, 68; Pub. L.

100-418, title II, Sec. 2225, Aug. 23, 1988, 102 Stat. 1337; Pub.

L. 101-513, title V, Sec. 562(part), Nov. 5, 1990, 104 Stat. 2032;

Pub. L. 101-624, title XV, Sec. 1514, 1575, title XVII, Sec.

1771(b)(2), Nov. 28, 1990, 104 Stat. 3662, 3702, 3807; Pub. L.

102-237, title III, Sec. 333, Dec. 13, 1991, 105 Stat. 1859; Pub.

L. 102-289, Sec. 1, May 20, 1992, 106 Stat. 176; Pub. L. 103-306,

title V, Sec. 576(c), Aug. 23, 1994, 108 Stat. 1654; Pub. L.

104-127, title II, Sec. 264, Apr. 4, 1996, 110 Stat. 974; Pub. L.

107-171, title III, Sec. 3009(b)(1), 3201, May 13, 2002, 116 Stat.

283, 299; Pub. L. 107-206, title I, Sec. 105, Aug. 2, 2002, 116

Stat. 824.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in subsec. (a), is

Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is

classified generally to chapter 35 (Sec. 3001 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 3001 of

Title 42 and Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsec. (b)(1), (6), (7)(D)(iii), is act July 10,

1954, ch. 469, 68 Stat. 454, as amended, which is classified

generally to chapter 41 (Sec. 1691 et seq.) of this title. Titles

II and III of the Act are classified generally to subchapters III

(Sec. 1721 et seq.) and III-A (Sec. 1727 et seq.), respectively, of

chapter 41 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1691 of

this title and Tables.

The Food for Progress Act of 1985, referred to in subsec. (b)(1),

(7)(D)(iii), is Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985,

99 Stat. 1472, which is classified to section 1736o of this title.

This Act, referred to in subsec. (b)(3)(A), is act Oct. 31, 1949,

ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act

of 1949, which is classified principally to this chapter (Sec. 1421

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

Section 2226 of the American Aid to Poland Act of 1988, referred

to in subsec. (b)(7)(D)(ii), is section 2226 of Pub. L. 100-418,

which is set out as a note below.

Section 407(c) of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1736a(c)), referred to in subsec.

(b)(7)(F), was redesignated section 407(b) of that Act (7 U.S.C.

1736a(b)) by Pub. L. 104-66, title I, Sec. 1011(e)(2), Dec. 21,

1995, 109 Stat. 709.

-COD-

CODIFICATION

Subsection (b)(9)(B), which required the Secretary to submit an

annual report to Congress on sales and barter, and use of foreign

currency proceeds, under subsection (b)(7) of this section,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 46 of House Document

No. 103-7.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(7)(D)(i). Pub. L. 107-171, Sec. 3201(a)(1),

struck out ''foreign currency'' before ''proceeds generated from

such sale''.

Subsec. (b)(7)(D)(ii). Pub. L. 107-171, Sec. 3201(a)(2),

substituted ''Proceeds'' for ''Foreign currencies'' in introductory

provisions and struck out ''foreign currency'' before ''proceeds

generated in Poland'' in concluding provisions.

Subsec. (b)(7)(D)(iii). Pub. L. 107-171, Sec. 3201(a)(1), struck

out ''foreign currency'' before ''proceeds in amounts''.

Subsec. (b)(7)(D)(iv). Pub. L. 107-206 substituted ''subsection,

or to otherwise carry out the purposes of this subsection.'' for

''subsection.''

Pub. L. 107-171, Sec. 3201(a)(3), substituted ''Proceeds

generated'' for ''Foreign currency proceeds generated'', ''country

of origin as necessary to expedite'' for ''country of origin -

''(I) as necessary to expedite'',

and a period for ''; or'' after ''this subsection'', and struck out

subcl. (II) which read as follows: ''if the proceeds are generated

in a currency generally accepted in the other country.''

Subsec. (b)(8). Pub. L. 107-171, Sec. 3201(b)(1), inserted

heading, added subpars. (A) to (C), redesignated former subpar. (B)

as (D) and inserted heading, and struck out former subpar. (A)

which read as follows: ''To the maximum extent practicable,

expedited procedures shall be used in the implementation of this

subsection.''

Subsec. (b)(10). Pub. L. 107-171, Sec. 3009(b)(1), added par.

(10).

Subsec. (b)(11). Pub. L. 107-171, Sec. 3201(b)(2), added par.

(11).

1996 - Subsec. (b)(7). Pub. L. 104-127, Sec. 264(1)(A)(ii),

inserted concluding provisions and struck out former concluding

provisions which read as follows: ''No portion of the proceeds or

services realized from sales or barter under this paragraph may be

used to meet operating and overhead expenses, except as otherwise

provided in subparagraph (C) and except for personnel and

administrative costs incurred by local cooperatives.''

Subsec. (b)(7)(D)(iv). Pub. L. 104-127, Sec. 264(1)(A)(i),

substituted ''a reasonable length of time, as determined by the

Secretary, except that the Secretary may permit the use of proceeds

in a country other than the country of origin - '' and subcls. (I)

and (II) for ''one year of acquisition of such currency, except

that the Secretary may permit the use of such proceeds (I) in

countries other than the country of origin as necessary to expedite

the transportation of commodities and products furnished under this

subsection, (II) after one year of acquisition as appropriate to

achieve the purposes of clause (i), and (III) in a country other

than the country of origin, if such proceeds are generated in a

currency generally accepted in such other country.''

Subsec. (b)(8)(C). Pub. L. 104-127, Sec. 264(1)(B), struck out

subpar. (C), which related to proposals by nonprofit and voluntary

agencies or cooperatives to make eligible commodities available,

notice and comment on issuance of final guidelines, and

transmission of orders to Commodity Credit Corporation.

Subsec. (b)(10) to (12). Pub. L. 104-127, Sec. 264(1)(C), struck

out pars. (10) to (12) which, in par. (10), authorized Secretary to

make available for disposition in each of fiscal years 1986 through

1990 not less than specified minimum quantities of eligible

commodities, in par. (11), authorized Secretary to furnish eligible

commodities in connection with concessional sales agreements

entered into under title I of the Agricultural Trade Development

and Assistance Act of 1954 or other statutes, or agricultural

export bonus or promotion programs carried out under the Commodity

Credit Corporation Charter Act or other statutes, and, in par.

(12), authorized funding for fiscal year 1988 for technical

assistance for sale or barter of commodities under paragraph (7) to

strengthen nonprofit private organizations and cooperatives in the

Philippines.

Subsec. (c). Pub. L. 104-127, Sec. 264(2), struck out subsec.

(c), which established 2 year pilot program relating to barter or

exchange of dairy products for ultra-high temperature processed

fluid milk, and required reports to Congress.

1994 - Subsec. (b)(7)(D)(ii)(IV). Pub. L. 103-306 added subcl.

(IV).

1992 - Subsec. (b)(7)(D)(iv). Pub. L. 102-289 substituted

''(II)'' for ''and (II)'' and inserted before period at end '', and

(III) in a country other than the country of origin, if such

proceeds are generated in a currency generally accepted in such

other country''.

1991 - Subsec. (b)(7)(F). Pub. L. 102-237 made technical

amendment to directory language of Pub. L. 101-624, Sec.

1514(5)(B). See 1990 Amendment note below.

1990 - Subsec. (a)(3). Pub. L. 101-624, Sec. 1771(b)(2),

substituted ''hospitals and facilities, to the extent that they

serve needy persons (including infants and children)'' for

''hospitals, to the extent that needy persons are served''.

Subsec. (b)(1). Pub. L. 101-624, Sec. 1514(1), inserted reference

to title III of Agricultural Trade Development and Assistance Act

of 1954.

Subsec. (b)(3)(B)(i). Pub. L. 101-624, Sec. 1514(2), substituted

reference to section 403(a) of Agricultural Trade Development and

Assistance Act of 1954 for reference to section 401(b) of such Act.

Subsec. (b)(5)(A). Pub. L. 101-624, Sec. 1514(3), substituted

reference to section 406 of Agricultural Trade Development and

Assistance Act of 1954 for reference to section 203 of such Act.

Subsec. (b)(6). Pub. L. 101-624, Sec. 1514(4), substituted

reference to section 406 of Agricultural Trade Development and

Assistance Act of 1954 for reference to section 203 of such Act.

Subsec. (b)(7)(D)(ii). Pub. L. 101-513 substituted ''governmental

and nongovernmental'' for ''such'' and inserted ''governmental or''

after ''activities of''.

Subsec. (b)(7)(D)(iii). Pub. L. 101-624, Sec. 1514(5)(A),

inserted reference to title III of Agricultural Trade Development

and Assistance Act of 1954.

Subsec. (b)(7)(F). Pub. L. 101-624, Sec. 1514(5)(B), as amended

by Pub. L. 102-237, added subpar. (F).

Subsec. (d). Pub. L. 101-624, Sec. 1575, struck out subsec. (d)

which established pilot program for barter of agricultural

commodities for strategic materials not produced in sufficient

amounts domestically and for which national stockpile or reserve

goals are unmet.

1988 - Subsec. (b)(2)(A). Pub. L. 100-277, Sec. 1(a), substituted

''wheat, rice, feed grains'' for ''grains'' and inserted '', and

the products thereof,'' after ''price support operations''.

Subsec. (b)(3)(D). Pub. L. 100-277, Sec. 2, added subpar. (D).

Subsec. (b)(4). Pub. L. 100-277, Sec. 3, inserted at end ''In

agreements with recipients of eligible commodities under this

subsection (including nonprofit and voluntary agencies or

cooperatives), subject to the availability of commodities each

fiscal year, the Secretary, on request, shall approve multiyear

agreements to make agricultural commodities available for

distribution or sale by the recipients if the agreements otherwise

meet the requirements of this subsection.''

Subsec. (b)(7). Pub. L. 100-277, Sec. 1(b)(2), in introductory

provisions struck out '', and products thereof,'' after

''commodities''.

Subsec. (b)(7)(D)(ii). Pub. L. 100-418 inserted provisions

respecting use of foreign currency proceeds generated in Poland and

describing activities eligible for such funds.

Pub. L. 100-277, Sec. 4(a), amended cl. (ii) generally. Prior to

amendment, cl. (ii) read as follows: ''Foreign currency proceeds

generated from the sales of commodities and products under this

subparagraph shall be used by nonprofit and voluntary agencies, or

cooperatives, for activities carried out by the agency or

cooperative that will enhance the effectiveness of transportation,

distribution, and use of commodities and products donated under

this subsection, including food for work programs and cooperative

and agricultural projects.''

Subsec. (b)(7)(D)(iii). Pub. L. 100-277, Sec. 4(b), substituted

''10 percent'' for ''5 percent'' and inserted '', or the minimum

tonnage required, whichever is greater,'' after ''furnished''.

Subsec. (b)(8)(C). Pub. L. 100-277, Sec. 5, added subpar. (C).

Subsec. (b)(10)(B)(i). Pub. L. 100-277, Sec. 1(b)(1), substituted

''wheat, rice, feed grains,'' for ''grains'' in two places.

1987 - Subsec. (b)(12). Pub. L. 100-203 added par. (12).

1986 - Subsec. (b)(10)(B). Pub. L. 99-260 inserted ''or, in the

case of fiscal year 1986, prior to March 31, 1986'' in two places.

1985 - Subsec. (a). Pub. L. 99-198, Sec. 1109(1), struck out

provisions that such dairy products could also be donated through

foreign governments and public and nonprofit private humanitarian

organizations for assistance of needy persons outside the United

States, that Commodity Credit Corporation could pay, with respect

to commodities so donated, reprocessing, packaging, transporting,

handling, and other charges, including cost of overseas delivery,

and that in order to assure that any such donations for use outside

the United States were coordinated with and would complement other

United States foreign assistance, such donations had to be

coordinated through mechanism designated by President to coordinate

assistance under the Agricultural Trade Development and Assistance

Act of 1954 and were to be in addition to level of assistance

programmed under that Act.

Subsec. (b). Pub. L. 99-198, Sec. 1109(2), in amending subsec.

(b) generally, substituted provisions relating to furnishing of

eligible commodities for purpose of carrying out programs of

assistance in developing and friendly countries under title II of

the Agricultural Trade Development and Assistance Act of 1954 and

section 1736o of this title for provisions relating to furnishing

of dairy products, rice and wheat (which had been acquired by

Commodity Credit Corporation through price support operations) for

purpose of carrying out title II of that Act.

Pub. L. 99-83 added applicability to rice acquired by the

Commodity Credit Corporation through price support operations.

Subsec. (d). Pub. L. 99-198, Sec. 1129, added subsec. (d).

1984 - Pub. L. 98-258 designated existing provisions as subsec.

(a), substituted ''subsection'' for ''section'' wherever appearing,

and added subsecs. (b) and (c).

1982 - Pub. L. 97-253 inserted provision that notwithstanding any

other provision of law, dairy products may be donated for

distribution to needy households in the United States and to meet

the needs of persons receiving nutrition assistance under the Older

Americans Act of 1965, and that such dairy products may also be

donated through foreign governments and public and nonprofit

private humanitarian organizations for the assistance of needy

persons outside the United States, and the Commodity Credit

Corporation may pay, with respect to commodities so donated,

reprocessing, packaging, transporting, handling, and other charges,

including the cost of overseas delivery, and that in order to

assure that any such donations for use outside the United States

are coordinated with and complement other United States foreign

assistance, such donations shall be coordinated through the

mechanism designated by the President to coordinate assistance

under the Agricultural Trade Development and Assistance Act of 1954

and shall be in addition to the level of assistance programmed

under that Act.

1977 - Pub. L. 95-113 struck out provision that no person who is

eligible (or upon application would be eligible) to receive

supplemental security income under title XVI of the Social Security

Act shall be eligible, with certain exceptions, to participate in

any program conducted under this section.

1972 - Pub. L. 92-603 inserted provision that persons eligible to

receive supplemental security income under title XVI of the Social

Security Act (42 U.S.C. 1381 et seq.) shall not be eligible to

participate in programs conducted under this section, with certain

exceptions.

1970 - Pub. L. 91-233 changed priorities for sales over donations

in the disposition of food commodities acquired under support

programs insofar as dairy products, so acquired, are concerned by

giving preference to the use of such products in nonprofit school

lunch and similar feeding programs.

1966 - Pub. L. 89-808 struck out provisions of cl. (4) for

donations of excess food commodities to nonprofit voluntary

agencies registered with the Committee on Voluntary Foreign Aid of

the Foreign Operations Administration or other appropriate Federal

agencies and intergovernmental organizations for use in assistance

of needy persons and in nonprofit lunch programs outside the United

States provisions for payment of charges in case of commodities

made available for use within the United States, or their delivery

free alongside ship or free on board export carrier at point of

export, in the case of commodities made available for use outside

the United States, and that assistance to needy persons provided in

such cl. (4) be directed toward community and other self-help

activities designed to alleviate the causes for the need for such

assistance. See section 1721 et seq. of this title.

1964 - Pub. L. 88-638 directed that assistance to needy persons,

insofar as practicable, be directed toward community and other

self-help activities designed to alleviate the causes of the need.

1962 - Pub. L. 87-703 inserted ''and in nonprofit school lunch

programs'' after ''needy persons'' in cl. (4).

1959 - Pub. L. 86-108 substituted ''waste of commodities whether

in private stocks or acquired through price-support operations''

for ''waste of commodities acquired through price-support

operations''.

1958 - Pub. L. 85-483 permitted donation of food commodities for

use in nonprofit summer camps for children.

1956 - Act May 28, 1956, authorized payment of cost of processing

commodities into a form suitable for home or institutional use.

1954 - Act July 10, 1954, amended section generally to eliminate

its applicability only to ''food'' commodities; to eliminate the

necessity for a finding that commodities are in danger of a loss

through ''deterioration or spoilage''; to establish barter as a

disposal method; and to expand the list of eligible domestic

recipients.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 576(d) of Pub. L. 103-306 provided that: ''The amendments

made by this section (amending this section and provisions set out

below) shall take effect October 1, 1994.''

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section

1301 of Pub. L. 99-83, set out as a note under section 2151-1 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1302(b) of Pub. L. 95-113, set out as a note under section 2012 of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 411(g) of Pub. L. 92-603 provided that the amendment made

by that section is effective Jan. 1, 1974.

Pub. L. 93-233, Sec. 8(b)(2), Dec. 31, 1973, 87 Stat. 956, as

amended by Pub. L. 93-335, Sec. 1(b), July 8, 1974, 88 Stat. 291;

Pub. L. 94-44, Sec. 3(b), June 28, 1975, 89 Stat. 235; Pub. L.

94-365, Sec. 2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95-59, Sec.

3(2), June 30, 1977, 915 Stat. 255, provided that: ''The last

sentence of section 416 of the Act of October 31, 1949 (this

section) (as added by section 411(g) of Public Law 92-603) (see

1972 Amendment Note above) shall not be effective for the period

ending September 30, 1978.''

(Amendment by Pub. L. 93-335, effective July 1, 1974, see section

1(c) of Pub. L. 93-335, set out as a note under section 1382 of

Title 42, The Public Health and Welfare. Section 3 of Pub. L. 95-59

provided in part that the amendment of section 8 of Pub. L. 93-233

by section 3(2) of Pub. L. 95-59 is effective July 1, 1977.)

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3(c) of Pub. L. 89-808 provided that the amendment made

by that section is effective Jan. 1, 1967.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations; Advisory Board of

Commodity Credit Corporation; and Farm Credit Administration or any

agency, officer, or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by 1953

Reorg. Plan No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out as a note under section 2201 of this title.

-MISC5-

DONATION OF SURPLUS AGRICULTURAL COMMODITIES

Section 2223 of Pub. L. 100-418, as amended by Pub. L. 101-513,

title V, Sec. 562(part), Nov. 5, 1990, 104 Stat. 2032; Pub. L.

103-306, title V, Sec. 576(a), (b), Aug. 23, 1994, 108 Stat. 1654,

provided that:

''(a) Authority to Donate. - Notwithstanding any other provision

of law, if the Secretary of Agriculture determines for each fiscal

year that (1) a donation under this section would not limit the

Secretary's ability to meet urgent humanitarian needs for

agricultural commodities, and (2) such donation would not cause a

reduction in the price of the same or similar agricultural

commodities produced in Poland(,) the Secretary of Agriculture

shall donate, under the applicable provisions of section 416(b) of

the Agricultural Act of 1949 (7 U.S.C. 1431(b)), for each of the

fiscal years 1995 through 1999, 8,000 metric tons of uncommitted

stocks of eligible commodities of the Commodity Credit Corporation

under an agreement with the Government of Poland that the

Government of Poland will sell such commodities and that all the

proceeds from such sales will be used by governmental and

nongovernmental agencies for eligible activities in Poland

described in section 416(b)(7)(D)(ii) of that Act (as amended by

section 2225 of this Act) that have been approved, upon

application, by the joint commission described in section 2226 (of

Pub. L. 100-418, set out below) and by the United States chief of

diplomatic mission in Poland.

''(b) Definitions. - For purposes of this section -

''(1) the term 'eligible commodities' has the same meaning as

is given such term in section 416(b)(2) of the Agricultural Act

of 1949 (7 U.S.C. 1431(b)(2)) and, in addition, includes feed

grains, soybeans, and soybean products; and

''(2) the term 'nongovernmental agencies' includes nonprofit

voluntary agencies, cooperatives, intergovernmental agencies such

as the World Food Program, and other multilateral

organizations.''

USE OF POLISH CURRENCIES

Section 2224 of Pub. L. 100-418 provided that:

''(a) Use of Polish Currencies. - Subject to subsection (b),

nonconvertible Polish currencies (zlotys) held by the United States

on the date of enactment of this Act (Aug. 23, 1988) pursuant to an

agreement with the Government of Poland under the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et

seq.) which are not assets of the Commodity Credit Corporation

shall be made available, to the extent and in such amounts as are

provided in advance in appropriation Acts, for eligible activities

in Poland described in section 416(b)(7)(D)(ii) of the Agricultural

Act of 1949 (7 U.S.C. 1431(b)(7)(D)(ii)) (as amended by section

2225 of this Act) and approved, upon application, by the joint

commission described in section 2226 (of Pub. L. 100-418, set out

below) and by the United States chief of diplomatic mission in

Poland.

''(b) Availability of Currencies. - Currencies available under

subsection (a) are currencies available after satisfaction of

existing commitments to use such currencies for other purposes

specified by law.''

JOINT COMMISSION

Section 2226 of Pub. L. 100-418 provided that:

''(a) Establishment. - The joint commission referred to in

sections 2223 and 2224 (of Pub. L. 100-418, set out above) and in

section 416(b)(7)(D)(ii) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)(7)(D)(ii)) (as amended by section 2225 of this Act) shall

be established under an agreement between the United States

Government, the Government of Poland, and nongovernmental agencies

(as defined in section 2223) operating in Poland.

''(b) Membership. - The joint commission shall be composed of -

''(1) appropriate representatives of the Government of Poland;

''(2) appropriate representatives of nongovernmental agencies

which are parties to the agreement described in subsection (a);

and

''(3) representatives from the United States diplomatic mission

in Poland, which may include a representative of the Foreign

Agricultural Service.''

BARTER OF AGRICULTURAL COMMODITIES

Section 4309 of Pub. L. 100-418 provided that: ''In recognition

of the importance of barter programs in expanding agricultural

trade, it is the sense of Congress that the Secretary of

Agriculture should expedite the implementation of section 416(d) of

the Agricultural Act of 1949 (7 U.S.C. 1431(d)) and section 1167 of

the Food Security Act of 1985 (7 U.S.C. 1727g note and 1736aa),

relating to the barter of agricultural commodities.''

Pub. L. 98-180, title III, Sec. 302, Nov. 29, 1983, 97 Stat.

1151, provided that:

''(a) It is the sense of Congress that the Secretary of

Agriculture should exchange or barter, to the maximum extent

practicable under the provisions of law specified in subsection

(b), commodities (especially dairy products) owned by the Commodity

Credit Corporation for materials, goods, and equipment produced in

foreign countries.

''(b) The provisions of law referred to in subsection (a) are -

''(1) section 4(h) of the Commodity Credit Corporation Charter

Act (15 U.S.C. 714b(h)),

''(2) section 310 of the Agricultural Trade Development and

Assistance Act of 1954 (7 U.S.C. 1692) (7 U.S.C. 1727g), and

''(3) section 416 of the Agricultural Act of 1949 (7 U.S.C.

1431).''

MINIMUM LEVEL OF FOOD ASSISTANCE

Annual minimum of food assistance made available to foreign

countries to be not less than one-third of total amount of foreign

economic assistance provided for each fiscal year, see section 4310

of Pub. L. 100-418, set out as a note under section 1691 of this

title.

ADDITIONAL LEVELS OF FLOUR, CORNMEAL, WHEAT, SOYBEANS, AND DAIRY

PRODUCTS FOR FRIENDLY COUNTRIES IN FISCAL YEARS 1987, 1988, AND

1989

Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 646), Oct. 18, 1986,

100 Stat. 1783, 1783-36, and Pub. L. 99-591, Sec. 101(a) (title VI,

Sec. 646), Oct. 30, 1986, 100 Stat. 3341, 3341-36, provided that:

''(1) It is the sense of the Senate that the Secretary of

Agriculture should make available not less than $10,000,000 worth

of flour and cornmeal using the wheat and cornstocks of the

Commodity Credit Corporation. Such flour and cornmeal shall be in

addition to the traditional level of assistance made available

under section 1114 of the Agriculture and Food Act of 1981 (Pub. L.

97-98, enacting sections 1431e and 4004a of this title and amending

section 4004 of this title), section 416(a) of the Agricultural Act

of 1949 (7 U.S.C. 1431(a)), section 4 of the Agriculture and

Consumer Protection Act of 1973 (Pub. L. 93-86, 7 U.S.C. 612c

note), and any other provision of law administered by the

Secretary.

''(2)(a) During the three-year period beginning with the fiscal

year ending September 30, 1987, through the fiscal year ending

September 30, 1989, the Secretary of Agriculture shall make

available to PVO's and cooperatives and to governments a total of

at least 500,000 metric tons of wheat, 500,000 metric tons of

soybeans, and 50 million pounds of dairy products under paragraph

(11)(B) of section 416(b) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)(11)(B)), notwithstanding paragraph (11)(c) of section

416(b) of such Act.

''(b) Commodities made available under this section during any

fiscal year shall be -

''(1) subject to the agreement of recipient nations -

''(A) to acquire through commercial arrangements agricultural

commodities directly or by private purchases during the fiscal

year in an amount equal to 105 percent of the average amount of

such agricultural commodities acquired through commercial

arrangements during the 3 preceding years.

''(B) to permit the sale of commodities furnished under this

section in the recipient nation and to use the local currency

generated from such sales -

''(i) by PVO's and cooperatives to carry out approved

programs of assistance in the recipient nation;

''(ii) to operate lending programs in the manner provided

for in section 108 of Public Law 480 (probably means former 7

U.S.C. 1708); and

''(iii) to reimburse the United States in dollars for costs

incurred in furnishing such commodities, including

transportation and processing, during the same fiscal year in

which such costs were incurred. Reimbursements under this

paragraph may be made in local currencies generated from the

sale of the commodities under this paragraph if they are used

to pay expenses of the United States in the recipient nation.

''(2) No greater than such amounts as is requested by recipient

nations.

''(c) To the extent practicable, commodities made available under

this section shall be furnished in equal quantities during each of

these fiscal years.

''(d) It is the sense of Congress that commodities provided for

in this subsection be made available to PVO's and cooperatives

operating in the Republic of the Philippines, and the government of

the Philippines.

''(3)(a) During the three-year period beginning with the fiscal

year ending September 30, 1987, through the fiscal year ending

September 30, 1989, the Secretary of Agriculture shall make

available to the friendly countries, under paragraph (b)(11)(A) of

section 416 of the Agricultural Act of 1949 (7 U.S.C.

1431(b)(11)(A)), at least 500,000 metric tons of wheat and 45

million pounds of dairy products, notwithstanding paragraph (11)(c)

of section 416(b) of such Act.

''(b) Commodities made available to a nation under this section

during any fiscal year shall be -

''(1) subject to the agreement of the Nation -

''(A) to acquire through commercial arrangements agricultural

commodities directly or by private purchases during the fiscal

year in an amount equal to 105 percent of the average amount of

such agricultural commodities acquired through commercial

arrangements during the preceding three years.

''(B) to sell any commodities furnished under this section

within the nation and to use the local currencies generated

from such sales to (i) establish and carry out lending programs

in such nations in the manner provided for in section 108 of

the Agricultural Trade Development and Assistance Act of 1954

(former 7 U.S.C. 1708) and (ii) reimburse the United States in

dollars for costs incurred in furnishing such commodities,

including transportation and processing, in the same fiscal

year in which such costs were incurred. Reimbursements under

this paragraph may be made in local currencies generated from

the sale of the commodities under paragraph (2) if they are

used to pay expenses of the United States in the recipient

Nation.

''(2) No greater than such amounts as is requested by such

governments.

''(c) To the extent practicable, commodities made available under

this section shall be furnished in equal quantities during each of

the three fiscal years.

''(d) For purchases (purposes) of this section, the term

'friendly countries' shall have the same meaning as that term has

under the Agricultural Trade Development and Assistance Act of 1954

(7 U.S.C. 1691 et seq.).

''(e) It is the sense of Congress that commodities provided for

in this subsection be made available to the Philippines and

friendly countries of Africa.

''(4)(a) During the three-year period beginning with the fiscal

year ending September 30, 1987, through the fiscal year ending

September 30, 1989, the Secretary of Agriculture shall make

available to PVO's cooperatives and governments, 460,000 metric

tons of wheat, 137 million pounds of dairy products, and 180,000

metric tons of soybeans; under paragraph (11)(B) of section 416(b)

of the Agricultural Act of 1949 (7 U.S.C. 1431(b)(11)(B)),

notwithstanding paragraph (11)(C) of section 416(b) of such Act.

''(b) Commodities made available to a nation, or PVO's and

cooperatives operating in such nation, under this section during

any fiscal year shall be -

''(1) subject to the agreement of the nation -

''(A) to acquire through commercial arrangements agricultural

commodities directly or by private purchases during the fiscal

year in an amount equal to 105 percent of the average amount of

such agricultural commodities acquired through commercial

arrangements during the preceding three years;

''(B) to permit the sale of commodities furnished under this

section within the nation and to use the local currencies

generated from such sales (i) by PVO's and cooperatives to

carry out approved programs of assistance in the country and

(ii) to operate lending programs in the manner provided for in

section 108 of Public Law 480 (probably means former 7 U.S.C.

1708); and

''(C) to reimburse the United States in dollars for costs

incurred in furnishing such commodities, including

transportation and processing, in the same fiscal year in which

such costs were incurred. Reimbursements under this paragraph

may be made in local currencies generated from the sale of the

commodities under paragraph (2) if they are used to pay

expenses of the United States in the recipient nation.

''(2) No greater than such amounts as is requested by such

government.

''(c) To the extent practicable, commodities made available under

this section shall be furnished in equal quantities during each of

the three fiscal years.

''(d) For purposes of this section, the term 'friendly countries'

shall have the same meaning as that term has under the Agricultural

Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et

seq.).

''(e) It is the sense of Congress that of the commodities made

available under this subsection -

''(1) 400,000 metric tons of wheat, 80 million pounds of dairy

products and 180,000 metric tons of soybeans be made available to

Nigeria;

''(2) 1 million metric tons of wheat be made available to

friendly countries in Africa, other than Nigeria;

''(3) 30,000 metric tons of soybeans, and 50 million pounds of

dairy products be made available to India; and

''(4) 60,000 metric tons of wheat and 7 million pounds of dairy

products be made available to Bangladesh.''

COMMODITY DISTRIBUTION PROGRAM; PURCHASE OF AGRICULTURAL

COMMODITIES WITH UNEXPECTED OR AVAILABLE FUNDS; PROHIBITION ON

FURNISHING COMMODITIES TO SUMMER CAMPS; PARTICIPATION IN PROGRAM OF

INDIVIDUAL RECEIVING SUPPLEMENTAL SECURITY INCOME BENEFITS

Authority of Secretary to purchase and furnish agricultural

commodities under commodity distribution programs and participation

of individuals receiving supplemental security income benefits in

such programs, see section 4 of Pub. L. 93-86, Aug. 10, 1973, 87

Stat. 249, set out as a note under section 612c of this title.

ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RECIPIENTS FOR FOOD

STAMPS DURING PERIOD ENDING JUNE 30, 1977

Individuals receiving supplemental security income benefits not

to be considered members of households for any purpose of the food

distribution program for families under this section for any month

during the period ending June 30, 1977, if, for such month, such

individual resides in a State which provides State supplementary

payments of the type described in section 1382e(a) of Title 42, The

Public Health and Welfare, and the level of which has been found by

the Secretary of Health, Education, and Welfare to have been

specifically increased so as to include the bonus value of food

stamps.

HOME ECONOMICS TRAINING

Pub. L. 86-756, Sept. 13, 1960, 74 Stat. 899, as amended by Pub.

L. 87-179, Aug. 30, 1961, 75 Stat. 411, provided: ''That schools

receiving surplus foods pursuant to clause (3) of section 416 of

the Agricultural Act of 1949 (7 U.S.C. 1431) (clause (3) of this

section) or section 32 of the Act of August 24, 1935, as amended (7

U.S.C. 612c) are authorized to use such foods in training students

in home economics, including college students if the same

facilities and instructors are used for training both high school

and college students in home economics courses.''

AUTHORIZATION FOR COMMODITY CREDIT CORPORATION TO PURCHASE AND

DONATE FLOUR, CORNMEAL AND PROCESSED FOOD GRAIN PRODUCTS

Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635, as amended by Pub.

L. 88-550, Aug. 31, 1964, 78 Stat. 755; Pub. L. 97-98, title XII,

Sec. 1209, Dec. 22, 1981, 95 Stat. 1280; Pub. L. 106-387, Sec. 1(a)

(title VII, Sec. 758), Oct. 28, 2000, 114 Stat. 1549, 1549A-43,

provided: ''That at any time Commodity Credit Corporation has any

grain available for donation pursuant to the Food for Progress Act

of 1985 (7 U.S.C. 1736o), section 416 of the Agricultural Act of

1949, as amended (this section), section 210 of the Agricultural

Act of 1956 (section 1859 of this title), or title II of the

Agricultural Trade Development and Assistance Act, as amended

(sections 1721 to 1726 of this title), the Corporation, in lieu of

processing all or any part of such grain into human food products,

may purchase such processed food products in quantities not to

exceed the equivalent of the respective grain available for

donation on the date of such purchase and donate such processed

food products pursuant to the Food for Progress Act of 1985, such

section 416, and to such section 210, and make such processed food

products available pursuant to such title II, and may sell, without

regard to the provisions of section 407 of the Agricultural Act of

1949, as amended (section 1427 of this title), a quantity of the

grain equivalent to the processed food products so purchased:

Provided, That no food product purchased pursuant to the authority

contained herein shall constitute less than 50 per centum by weight

of the grain from which processed (except that this limitation does

not apply in the case of the protein byproduct resulting from the

production of fuel alcohol from agricultural commodities), or

contain any additive other than for normal vitamin enrichment,

preservative, and bleaching purposes.''

IRISH POTATOES ACQUIRED UNDER 1949 PRICE SUPPORT PROGRAM

Section 3 of act Mar. 31, 1950, ch. 81, 64 Stat. 41, made Irish

potatoes acquired under the 1949 price support program available to

school-lunch programs, the Bureau of Indian Affairs, Federal,

State, or local public welfare organizations, private or

international nonprofit welfare organizations, penal institutions,

and nonprofit hospitals.

BARTERING AUTHORITY OF SECRETARY

Bartering authority of Secretary of Agriculture, exchange of

agricultural commodities for strategic materials and materials for

other purposes, cooperation of agencies, and assistance to

cooperatives, see section 1692 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1428, 1431b, 1431c,

1431d, 1444, 1446a, 1733, 1736a, 1736o, 4004, 5201, 7301 of this

title; title 22 sections 5413, 5425, 7201; title 42 sections 1761,

1762a, 1766, 1777, 1786, 3030a, 3045f; title 46 App. section 1241f.

-CITE-

7 USC Sec. 1431a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431a. Cotton donations to educational institutions

-STATUTE-

Commodity Credit Corporation is authorized, on such terms as the

Secretary of Agriculture may approve, to donate cotton acquired

through its price support operations to educational institutions

for use in the training of students in the processing and

manufacture of cotton into textiles.

-SOURCE-

(Pub. L. 85-835, title V, Sec. 505, Aug. 28, 1958, 72 Stat. 996.)

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1958, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-

7 USC Sec. 1431b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431b. Distribution of surplus commodities to other United

States areas

-STATUTE-

Notwithstanding any other provision of law those areas under the

jurisdiction or administration of the United States are authorized

to receive from the Department of Agriculture for distribution on

the same basis as domestic distribution in any State, Territory, or

possession of the United States, without exchange of funds, such

surplus commodities as may be available pursuant to clause (2) of

section 612c of this title and section 1431 of this title.

-SOURCE-

(Pub. L. 85-931, Sec. 9, Sept. 6, 1958, 72 Stat. 1792; Pub. L.

87-703, title II, Sec. 204, Sept. 27, 1962, 76 Stat. 611; Pub. L.

89-808, Sec. 3(a), Nov. 11, 1966, 80 Stat. 1538.)

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Act of 1949

which is classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-MISC3-

AMENDMENTS

1966 - Pub. L. 89-808 struck out special authority of the

Commodity Credit Corporation for purchase of fats and oils for

donation abroad, now included in the general authority provided by

section 1721 et seq. of this title.

1962 - Pub. L. 87-703 inserted ''and in nonprofit school lunch

programs'' after ''needy persons''.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3(a) of Pub. L. 89-808 provided that the amendment made

by that section is effective Jan. 1, 1967.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1431d of this title.

-CITE-

7 USC Sec. 1431c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431c. Enrichment and packaging of cornmeal, grits, rice, and

white flour available for distribution

-STATUTE-

(a) In order to insure the nutritional value of cornmeal, grits,

rice, and white flour when such foods are made available for

distribution under section 1431(3) (FOOTNOTE 1) of this title or

for distribution to schools under the Richard B. Russell National

School Lunch Act (42 U.S.C. 1751 et seq.) or any other Act, such

foods shall be enriched so as to meet the standards for enriched

cornmeal, enriched corn grits, enriched rice, or enriched flour, as

the case may be, prescribed in regulations promulgated under the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and

in order to protect the nutritional value and sanitary quality of

such enriched foods during transportation and storage such foods

shall be packaged in sanitary containers. For convenience and ease

in handling, the weight of any sanitary container when filled shall

not exceed fifty pounds unless a larger container is requested by

the recipient agency. Nothing in this section shall prohibit the

distribution of fortified parboiled rice which is substantially

equal in nutritional value to that of enriched rice.

(FOOTNOTE 1) See References in Text note below.

(b) The term ''sanitary container'' means any container of such

material and construction as (1) will not permit the infiltration

of foreign matter into the contents of such container under

ordinary conditions of shipping and handling, and (2) will not, for

a period of at least one year, disintegrate so as to contaminate

the contents of the container, necessitating the washing of the

contents prior to use.

-SOURCE-

(Pub. L. 86-341, title II, Sec. 201, Sept. 21, 1959, 73 Stat. 610;

Pub. L. 87-803, Oct. 11, 1962, 76 Stat. 910; Pub. L. 106-78, title

VII, Sec. 752(b)(3), Oct. 22, 1999, 113 Stat. 1169.)

-REFTEXT-

REFERENCES IN TEXT

Section 1431(3) of this title, referred to in subsec. (a), was

redesignated as section 1431(a)(3) of this title by Pub. L. 98-258,

title V, Sec. 502(1), Apr. 10, 1984, 98 Stat. 137.

The Richard B. Russell National School Lunch Act, referred to in

subsec. (a), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 1751 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1751 of Title 42 and Tables.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,

which is classified generally to chapter 9 (Sec. 301 et seq.) of

Title 21, Food and Drugs. For complete classification of this Act

to the Code, see section 301 of Title 21 and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Agricultural Act of 1949

which is classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-MISC3-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-78 substituted ''Richard B.

Russell National School Lunch Act'' for ''National School Lunch

Act''.

1962 - Subsec. (a). Pub. L. 87-803 inserted provisions requiring

the enrichment of rice to meet the standards for enriched rice,

empowered recipient agencies to request containers larger than 50

pounds, and provided that nothing in this section shall prohibit

the distribution of fortified parboiled rice which is substantially

equal in nutritional value to that of enriched rice.

-CITE-

7 USC Sec. 1431d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431d. Donations for school feeding programs abroad; student

financing; priorities

-STATUTE-

In any school feeding programs undertaken on and after September

27, 1962 outside the United States pursuant to section 1431 of this

title, section 308 of Public Law 480 (83d Congress), as amended,

and section 1431b of this title, the Secretary shall receive

assurances satisfactory to him that, insofar as practicable, there

will be student participation in the financing of such programs on

the basis of ability to pay, and such programs shall be undertaken

with the understanding that commodities will be available for those

programs only in accordance with the provisions of such statutes

and that commodities made available under section 1431 of this

title will be available only in accordance with the priorities

established in such section.

-SOURCE-

(Pub. L. 87-703, title II, Sec. 205, Sept. 27, 1962, 76 Stat. 611.)

-REFTEXT-

REFERENCES IN TEXT

Section 308 of Public Law 480 (83d Congress), referred to in

text, which was classified to section 1697 of this title, was

repealed by Pub. L. 89-808, Sec. 2(D), Nov. 11, 1966, 80 Stat.

1535.

-COD-

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of

1962, and not as part of the Agricultural Act of 1949 which is

classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-CITE-

7 USC Sec. 1431e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1431e. Distribution of surplus commodities to special

nutrition projects; reprocessing agreements with private

companies

-STATUTE-

(1) Notwithstanding any other provision of law, whenever

Government stocks of commodities are acquired under the price

support programs and are not likely to be sold by the Commodity

Credit Corporation or otherwise used in programs of commodity sale

or distribution, such commodities shall be made available without

charge or credit to nutrition projects under the authority of the

Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), to child

nutrition programs providing food service, and to food banks

participating in the special nutrition projects established under

section 4004 of this title. Such distribution may include bulk

distribution to congregate nutrition sites and to providers of home

delivered meals under the Older Americans Act of 1965. The

Commodity Credit Corporation is authorized to use available funds

to operate the program under this subsection and to further process

products to facilitate bonus commodity use. Commodities made

available under this section shall include, but not be limited to,

dairy products, wheat or the products thereof, rice, honey, and

cornmeal.

(2)(A) Effective through September 30, 2007, whenever a commodity

is made available without charge or credit under any nutrition

program administered by the Secretary of Agriculture, the Secretary

shall encourage consumption of such commodity through agreements

with private companies under which the commodity is reprocessed

into end-food products for use by eligible recipient agencies. The

expense of reprocessing shall be paid by such eligible recipient

agencies.

(B) To maintain eligibility to enter into, and to continue, any

agreement with the Secretary of Agriculture under subparagraph (A),

a private company shall annually settle all accounts with the

Secretary and any appropriate State agency regarding commodities

processed under such agreements.

(C) Whenever commodities are made available to agencies pursuant

to section 311(a)(4) (FOOTNOTE 1) of the Older Americans Act of

1965, the Secretary shall encourage access to processed end

products containing the commodities when in the Secretary's

judgment it is cost effective. The requirements of this

subparagraph shall be met in the most efficient and effective way

possible. The Secretary may, among other alternatives, use direct

purchase, State option contracts authorized under section 3A of the

Commodity Distribution Reform Act and WIC Amendments of 1987

(Public Law 100-237; 7 U.S.C. 612c note), State processing

programs, and (beginning in fiscal year 1994) agreements with

private companies operated as a part of the national commodity

processing program.

(FOOTNOTE 1) See References in Text note below.

(D) In each of fiscal years 1992, 1993, and 1994, the Secretary

shall conduct a pilot project in not more than three States under

which any commodity made available to agencies pursuant to section

311(a)(4) (FOOTNOTE 1) of the Older Americans Act of 1965 that the

Secretary determines to be appropriate for reprocessing is made

available to the agencies as reprocessed end products. The

reprocessing shall be performed pursuant to agreements with private

companies, at the expense of the agencies, and operated as part of

the national commodity processing program established under

subparagraph (A). In determining the appropriateness of the

commodities to be reprocessed under the pilot project, the

Secretary shall consider the common needs of the agencies and the

availability of processors.

-SOURCE-

(Pub. L. 97-98, title XI, Sec. 1114(a), Dec. 22, 1981, 95 Stat.

1269; Pub. L. 99-198, title XV, Sec. 1567(a), (b), Dec. 23, 1985,

99 Stat. 1591, 1592; Pub. L. 100-237, Sec. 6, Jan. 8, 1988, 101

Stat. 1740; Pub. L. 101-624, title XVII, Sec. 1775, Nov. 28, 1990,

104 Stat. 3813; Pub. L. 102-237, title IX, Sec. 921, Dec. 13, 1991,

105 Stat. 1887; Pub. L. 104-127, title IV, Sec. 405, Apr. 4, 1996,

110 Stat. 1029; Pub. L. 107-171, title IV, Sec. 4203, May 13, 2002,

116 Stat. 330.)

-REFTEXT-

REFERENCES IN TEXT

The Older Americans Act of 1965, referred to in text, is Pub. L.

89-73, July 14, 1965, 79 Stat. 218, as amended, which is classified

generally to chapter 35 (Sec. 3001 et seq.) of Title 42, The Public

Health and Welfare. Section 311 of the Act, which is classified to

section 3030a of Title 42, was amended by Pub. L. 106-501, title

III, Sec. 309, Nov. 13, 2000, 114 Stat. 2246, and, as so amended,

provisions which formerly appeared in subsec. (a)(4) were struck

out. For complete classification of this Act to the Code, see

Short Title note set out under section 3001 of Title 42 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agriculture and Food Act of

1981, and not as part of the Agricultural Act of 1949 which is

classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-MISC3-

AMENDMENTS

2002 - Par. (2)(A). Pub. L. 107-171 substituted ''2007'' for

''2002''.

1996 - Par. (2)(A). Pub. L. 104-127 substituted ''2002'' for

''1995''.

1991 - Par. (2)(D). Pub. L. 102-237 substituted ''1992, 1993, and

1994'' for ''1992 and 1993''.

1990 - Par. (2)(A). Pub. L. 101-624, Sec. 1775(a), substituted

''1995'' for ''1990''.

Par. (2)(C), (D). Pub. L. 101-624, Sec. 1775(b), added subpars.

(C) and (D).

1988 - Par. (2)(A). Pub. L. 100-237 substituted ''September 30,

1990'' for ''June 30, 1987''.

1985 - Pub. L. 99-198 designated existing provisions as par. (1),

inserted provision directing that commodities made available under

this section include, but not be limited to, dairy products, wheat

or the products thereof, rice, honey, and cornmeal, and added par.

(2).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as

otherwise provided, see section 4405 of Pub. L. 107-171, set out as

an Effective Date note under section 1161 of Title 2, The Congress.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-237 effective and to be implemented no

later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102-237,

set out as a note under section 1421 of this title.

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

NATIONAL DONATED COMMODITY PROCESSING PROGRAMS

Pub. L. 99-500, title III, Sec. 364, Oct. 18, 1986, 100 Stat.

1783-368, and Pub. L. 99-591, title III, Sec. 364, Oct. 30, 1986,

100 Stat. 3341-371; Pub. L. 99-661, div. D, title IV, Sec. 4404,

Nov. 14, 1986, 100 Stat. 4079, provided that: ''In accordance with

the terms and conditions of section 1114(a)(2) of the Agriculture

and Food Act of 1981 (7 U.S.C. 1431e(a)(2)), whenever a commodity

is made available without charge or credit under any nutrition

program administered by the Secretary of Agriculture, the Secretary

shall encourage consumption of the commodity through agreements

with private companies under which the commodity is reprocessed

into end-food products for use by eligible recipient agencies.''

-CITE-

7 USC Sec. 1432 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1432. Extension of price support on long staple cotton seeds

and products

-STATUTE-

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 1347(a) of this title.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 420, as added July 17,

1952, ch. 933, Sec. 3(2), 66 Stat. 759.)

-REFTEXT-

REFERENCES IN TEXT

Section 1347 of this title, referred to in text, was repealed by

Pub. L. 98-88, Sec. 2, Aug. 26, 1983, 97 Stat. 494.

-MISC2-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433. Repealed. Pub. L. 100-387, title I, Sec. 101(b)(3), Aug.

11, 1988, 102 Stat. 931

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title IV, Sec. 421, as added

Sept. 11, 1964, Pub. L. 88-585, Sec. 2, 78 Stat. 927, related to

penalties for misuse of feed intended to relieve distress or

preserve foundation herds. See section 1471j of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

-CITE-

7 USC Sec. 1433a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433a. Forgiveness of violations; determinations

-STATUTE-

Notwithstanding any other provision of law, whenever a producer

samples, turns, moves, or replaces grain or any other commodity

which is security for a Commodity Credit Corporation producer loan

or is held under a producer reserve program, and does so in

violation of law or regulation, the appropriate county committee

established under section 590h(b) of title 16 may forgive some or

all of the penalties and requirements that would normally be

imposed on the producer by reason of the violation, if such

committee determines that (1) the violation occurred inadvertently

or accidentally, because of lack of knowledge or understanding of

the law or regulation, or because the producer or the producer's

agent acted to prevent spoilage of the commodity, and (2) the

violation did not result in harm or damage to the rights or

interests of any person. The county committee shall furnish a copy

of its determination to the Administrator of the Agricultural

Stabilization and Conservation Service and the appropriate State

committee established under section 590h(b) of title 16. The

determination may be disapproved by either the Administrator or the

State committee within sixty days after receipt of a copy of the

determination. Any determination not disapproved by the

Administrator or such State committee within such sixty-day period

shall be considered approved.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 422, as added Pub. L.

97-98, title X, Sec. 1002, Dec. 22, 1981, 95 Stat. 1260.)

-MISC1-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1433b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433b. Processing of surplus agricultural commodities into

liquid fuels and agricultural commodity byproducts

-STATUTE-

(a) Authority of Commodity Credit Corporation; terms and conditions

established by Secretary; fuel prices

Notwithstanding any other provision of law, in order to prevent

the accumulation of excessive stocks of agricultural commodities

through the price support and stabilization operations of the

Commodity Credit Corporation (FOOTNOTE 1) the Corporation may,

under terms and conditions established by the Secretary, make its

accumulated stocks of agricultural commodities available, at no

cost or reduced cost, to encourage the purchase of such commodities

for the production of liquid fuels and agricultural commodity

byproducts. In carrying out the program established by this

section, the Secretary shall ensure, insofar as possible, that any

use of agricultural commodities made available be made in such

manner as to encourage increased use and avoid displacing usual

marketings of agricultural commodities.

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(b) Feasibility of processing

In determining the feasibility of providing for the processing of

Commodity Credit Corporation stocks of commodities under subsection

(a) of this section, the Secretary shall consider the nature of the

commodities, and the acquisition, transportation, handling,

storage, interest, and other costs associated with acquiring and

maintaining such stocks, including the effect of such stocks in

depressing commodity prices, as well as the value and utility of

such stocks when processed into liquid fuels and agricultural

commodity byproducts.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 423, as added Pub. L.

97-358, Sec. 2, Oct. 21, 1982, 96 Stat. 1714; amended Pub. L.

99-198, title X, Sec. 1024, Dec. 23, 1985, 99 Stat. 1460.)

-COD-

CODIFICATION

Subsection (c), which required the Secretary to report annually

to Congress on the operation of this section, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 46 of House Document No. 103-7.

-MISC3-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-198 substituted provision

authorizing the Corporation to make its accumulated agricultural

commodities stocks available at no cost or reduced cost to

encourage the purchase thereof for the production of liquid fuels

and commodity byproducts, with any use of such commodities to be

made in such a manner as to encourage increased use and avoid

displacing usual marketings of such commodities for provision

authorizing the Corporation to provide for processing of its

accumulated stock into liquid fuels and commodity byproducts to be

either made available to Federal agencies to meet their regular or

emergency needs or to be sold commercially by the Corporation, at a

price determined by the Secretary notwithstanding any other

provisions of law and in a manner so as not to disrupt the prices

in commercial markets of agriculturally-derived liquid fuel.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-CITE-

7 USC Sec. 1433c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433c. Advance recourse commodity loans

-STATUTE-

Notwithstanding any other provision of this Act, the Secretary

may make advance recourse loans available to producers of the

commodities of the 1986 through 1990 crops for which nonrecourse

loans are made available under this Act if the Secretary finds that

such action is necessary to ensure that adequate operating credit

is available to producers. Such recourse loans may be made

available under such reasonable terms and conditions as the

Secretary may prescribe, except that the Secretary shall require

that a producer obtain crop insurance for the crop as a condition

of eligibility for a loan.

-SOURCE-

(Oct. 31, 1949, ch. 792, title IV, Sec. 424, as added Pub. L.

99-198, title X, Sec. 1003, Dec. 23, 1985, 99 Stat. 1447.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63

Stat. 1051, as amended, known as the Agricultural Act of 1949,

which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

EFFECTIVE AND TERMINATION DATES

Section 1003 of Pub. L. 99-198 provided that this section is

effective for the 1986 through 1990 crops.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(10) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(J) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1433c-1 of this title.

-CITE-

7 USC Sec. 1433c-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433c-1. Advance recourse loans

-STATUTE-

(a) Availability; due date; procedures for repayment;

applicability; security; limitation

It is the sense of Congress that the Secretary of Agriculture

carry out a program authorized by section 424 of the Agricultural

Act of 1949 (7 U.S.C. 1433c). Such program, if implemented, shall

provide for the following:

(1) Advance recourse loans shall be made available only to

those producers of a commodity who are unable to obtain

sufficient credit elsewhere to finance the production of the 1986

crop of that commodity, taking into consideration prevailing

private and cooperative rates and terms for loans for similar

purposes (as determined by the Secretary) in the community in or

near which the applicant resides. A producer who has received a

commitment or been furnished sufficient credit or a loan for

production of the 1986 crop of a commodity shall not be eligible

for an advance recourse loan to finance the production of that

commodity for such crop year.

(2) Advance recourse loans shall be made available to producers

of a commodity at the applicable nonrecourse loan rate for the

commodity (as determined by the Secretary). Within the limits set

out in paragraphs (5) and (7), advance recourse loans shall be

available -

(A) to producers of wheat, feed grains, cotton, and rice who

agree to participate in the program announced for the commodity

on an amount of the commodity equal to one-half of the farm

program yield for the commodity multiplied by the farm program

acreage intended to be planted to the commodity for harvest in

1986, as determined by the Secretary;

(B) to producers of tobacco and peanuts who are on a farm for

which a marketing quota or poundage quota has been established

on an amount of the commodity equal to one-half of the farm

marketing quota or poundage quota for the commodity, as

determined by the Secretary; and

(C) to producers of other commodities on an amount of the

commodity equal to one-half of the farm yield for the commodity

multiplied by the farm acreage intended to be planted to the

commodity for harvest in 1986, as determined by the Secretary.

(3) An advance recourse loan under section 424 (7 U.S.C. 1433c)

shall come due at such time immediately following harvest as the

Secretary determines appropriate. Each loan contract entered

into under section 424 shall specify the date on which the loan

is to come due.

(4)(A) The Secretary shall establish procedures, when

practicable, under which a producer, simultaneously with

repayment of his recourse loan, may obtain a nonrecourse loan on

his crop (as otherwise provided for in the Agricultural Act of

1949 (7 U.S.C. 1421 et seq.)) in an amount sufficient to repay

his recourse loan.

(B) In cases in which nonrecourse loans under such Act are not

normally made available directly to producers, the Secretary

shall establish procedures under which a producer may repay a

recourse loan at the same time the producer receives advances or

other payment from the producer's disposition of his crop.

(5) Advance recourse loans shall be made available as needed

solely to cover costs involved in the production of the 1986 crop

that are incurred or are outstanding on or after March 20, 1986.

(6) To obtain an advance recourse loan, the producer on a farm

must -

(A) provide as security for the loan a first lien on the crop

covered by the loan or provide such other security as may be

available to the producer and determined by the Secretary to be

adequate to protect the Government's interests; and

(B) obtain multiperil crop insurance, if available, to

protect the crop that serves as security for the loan.

If a producer does not have multiperil crop insurance and is

located in a county in which the signup period for multiperil

crop insurance has expired, the producer shall be required to

obtain other crop insurance, if available.

(7) The total amount in advance recourse loans that may be made

to a producer under section 424 (7 U.S.C. 1433c) may not exceed

$50,000.

(8) An advance recourse loan may be made available only to a

producer who agrees to comply with such other terms and

conditions determined appropriate by the Secretary and consistent

with the provisions of section 424 (7 U.S.C. 1433c).

(b) Use of Commodity Credit Corporation, Agricultural Stabilization

and Conservation Service, and county committees

The Secretary shall carry out the program provided for under

section 424 (7 U.S.C. 1433c) through the Commodity Credit

Corporation, using the services of the Agricultural Stabilization

and Conservation Service and the county committees established

under section 590h(b) of title 16 to make determinations of

eligibility with respect to the credit test under subsection (a)(1)

of this section, and determinations as to the sufficiency of

security under subsection (a)(6) of this section. The Secretary

may use such committees for such other purposes as the Secretary

determines appropriate in carrying out section 424.

(c) Regulations

It is further the sense of Congress that the Secretary of

Agriculture issue or, as appropriate, amend regulations to

implement any program established under section 424 (7 U.S.C.

1433c) as soon as practicable, but not later than 15 days after

March 20, 1986. Loans and other assistance provided under such

program shall be made available beginning on the date such

regulations are issued or amended.

-SOURCE-

(Pub. L. 99-260, Sec. 13, Mar. 20, 1986, 100 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsec. (a)(4), is

act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to this chapter (Sec. 1421 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 1421 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Food Security Improvements Act

of 1986, and not as part of the Agricultural Act of 1949 which is

classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-CITE-

7 USC Sec. 1433d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433d. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title IV, Sec. 425, as added

Dec. 19, 1989, Pub. L. 101-239, title I, Sec. 1003(a), 103 Stat.

2108, related to reduction of deficiency payments. See Effective

and Termination Dates note below.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 1003(a) of Pub. L. 101-239 provided that this section is

effective only for the 1990 crops.

-CITE-

7 USC Sec. 1433e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433e. Repealed. Pub. L. 103-354, title II, Sec. 281(b), Oct.

13, 1994, 108 Stat. 3233

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title IV, Sec. 426, as added

Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1132(a), 104 Stat.

3512; amended Dec. 13, 1991, Pub. L. 102-237, title I, Sec.

113(12), 105 Stat. 1838, related to appeals from determinations by

State and county committees under Agricultural Act of 1949 and

other Acts administered by Agricultural Stabilization and

Conservation Service. See section 6991 et seq. of this title.

-CITE-

7 USC Sec. 1433f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1433f. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(I),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title IV, Sec. 427, as added

Oct. 13, 1994, Pub. L. 103-354, title I, Sec. 119(a)(1), 108 Stat.

3207, required producer to obtain at least catastrophic risk

protection insurance coverage as condition of receiving any benefit

(including payments) for each of 1995 and subsequent crops of

tobacco, rice, extra long staple cotton, upland cotton, feed

grains, wheat, peanuts, oilseeds, and sugar.

-CITE-

7 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1434. Encouragement of production of crops of which United

States is a net importer and for which price support programs

are not in effect; authority to plant on set-aside acreage with

no reduction in payment rate

-STATUTE-

Notwithstanding any other provisions of this Act, the Secretary

shall encourage the production of any crop of which the United

States is a net importer and for which a price support program is

not in effect by permitting the planting of such crop on set-aside

acreage and with no reduction in the rate of payment for the

commodity.

-SOURCE-

(Pub. L. 91-524, title VIII, Sec. 814, as added Pub. L. 93-86, Sec.

1(27)(B), Aug. 10, 1973, 87 Stat. 240.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 91-524, Nov. 30, 1970,

84 Stat. 1358, known as the Agricultural Act of 1970. For complete

classification of this Act to the Code, see Short Title of 1970

Amendment note set out under section 1281 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1970 as

added by the Agriculture and Consumer Protection Act of 1973, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-

7 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1435. Production of commodities for conversion into alcohol or

hydrocarbons for use as motor fuels or other fuels; terms and

conditions; determinations; payments, etc., for program

-STATUTE-

(a) The Secretary of Agriculture shall permit, subject to such

terms and conditions as the Secretary shall prescribe, all or any

part of the acreage set aside or diverted under the Agricultural

Act of 1949 (7 U.S.C. 1421 et seq.) from the production of a

commodity for any crop year to be devoted to the production of any

commodity for conversion into alcohol or hydrocarbons for use as

motor fuel or other fuel, if the Secretary of Agriculture

determines that such production is desirable in order to provide an

adequate supply of commodities for such conversion, is not likely

to increase the cost of price support programs, and will not

adversely affect farm income.

(b)(1) During any year in which no set-aside or diversion of

acreage is in effect under the Agricultural Act of 1949 (7 U.S.C.

1421 et seq.) the Secretary of Agriculture may formulate and

administer a program for the production, subject to such terms and

conditions as he may prescribe, of commodities for conversion into

alcohol or hydrocarbons for use as motor fuel or other fuel. Under

such program, producers of wheat, feed grains, upland cotton, and

rice shall be paid incentive payments to devote a portion of their

acreage to such production.

(2) The payments under this subsection shall be made at such rate

or rates as the Secretary of Agriculture determines to be fair and

reasonable, taking into consideration the participation necessary

to ensure an adequate supply of commodities for such conversion.

(3) The Secretary may issue any regulations necessary to carry

out the provisions of this subsection.

(4) There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this subsection.

-SOURCE-

(Pub. L. 95-113, title XX, Sec. 2001, as added Pub. L. 96-294,

title II, Sec. 260(a), June 30, 1980, 94 Stat. 709.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Act of 1949, referred to in subsecs. (a) and

(b)(1), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,

which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of

1977 as added by the Biomass Energy and Alcohol Fuels Act of 1980

which is title II of the Energy and Security Act, and not as part

of the Agricultural Act of 1949 which is classified principally to

this chapter. For complete classification of the 1949 Act to the

Code, see Short Title note set out under section 1421 of this title

and Tables.

-CITE-

7 USC SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

.

-HEAD-

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1463, 5822 of this

title.

-CITE-

7 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1441. Price support levels

-STATUTE-

The Secretary of Agriculture (hereinafter called the

''Secretary'') is authorized and directed to make available through

loans, purchases, or other operations, price support to cooperators

for any crop of any basic agricultural commodity, if producers have

not disapproved marketing quotas for such crop, at a level not in

excess of 90 per centum of the parity price of the commodity nor

less than the level provided in subsections (a) to (c) of this

section as follows:

---------------------------------------------------------------------

---------------------------------------------------------------------

(a) For tobacco (except as The level of support shall be not

otherwise provided herein), less than the following

corn, and wheat, if the supply percentage of the parity price:

percentage as of the beginning

of the marketing year is:

-------------------------------

---------------------------------------------------------------------

---------------------------------------------------------------------

Not more than 102 90

More than 102 but not more than 89

104

More than 104 but not more than 88

106

More than 106 but not more than 87

108

More than 108 but not more than 86

110

More than 110 but not more than 85

112

More than 112 but not more than 84

114

More than 114 but not more than 83

116

More than 116 but not more than 82

118

More than 118 but not more than 81

120

More than 120 but not more than 80

122

More than 122 but not more than 79

124

More than 124 but not more than 78

126

More than 126 but not more than 77

128

More than 128 but not more than 76

130

More than 130 75

-------------------------------

For rice of the 1959 and 1960 crops, the level of support shall

be not less than 75 per centum of the parity price. For rice of

the 1961 crop the level of support shall be not less than 70 per

centum of the parity price. For the 1962 and subsequent crops of

rice the level of support shall be not less than 65 per centum of

the parity price.

---------------------------------------------------------------------

---------------------------------------------------------------------

(b) For cotton, if the supply The level of support shall be not

percentage as of the beginning less than the following

of the marketing year is: percentage of the parity price:

-------------------------------

---------------------------------------------------------------------

---------------------------------------------------------------------

Not more than 108 90

More than 108 but not more than 89

110

More than 110 but not more than 88

112

More than 112 but not more than 87

114

More than 114 but not more than 86

116

More than 116 but not more than 85

118

More than 118 but not more than 84

120

More than 120 but not more than 83

122

More than 122 but not more than 82

124

More than 124 but not more than 81

125

More than 125 but not more than 80

126

More than 126 but not more than 79

127

More than 127 but not more than 78

128

More than 128 but not more than 77

129

More than 129 but not more than 76

130

More than 130 75

-------------------------------

(c) For tobacco, if marketing quotas are in effect, the level of

support shall be 90 per centum of the parity price.

(d) Notwithstanding the foregoing provisions of this section -

(1) if producers have not disapproved marketing quotas for such

crop, the level of support to cooperators shall be 90 per centum

of the parity price for the 1950 crop of any basic agricultural

commodity for which marketing quotas or acreage allotments are in

effect;

(2) if producers have not disapproved marketing quotas for such

crop, the level of support to cooperators shall be not less than

80 per centum of the parity price for the 1951 crop of any basic

agricultural commodity for which marketing quotas or acreage

allotments are in effect;

(3) the level of price support to cooperators for any crop of a

basic agricultural commodity, except tobacco, for which marketing

quotas have been disapproved by producers shall be 50 per centum

of the parity price of such commodity; and no price support shall

be made available for any crop of tobacco for which marketing

quotas have been disapproved by producers;

(4) Repealed. Oct. 31, 1949, ch. 792, title I, Sec. 104(b)(3),

as added Aug. 28, 1958, Pub. L. 85-835, title II, Sec. 201, 72

Stat. 994.

(5) the price support may be made available to noncooperators

at such levels, not in excess of the level of price support to

cooperators, as the Secretary determines will facilitate the

effective operation of the program;

(6) except as provided in subsection (c) of this section and

section 1422 of this title, the level of support to cooperators

shall be not more than 90 per centum and not less than 82 1/2 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;

(7) Where a State is designated under section 1335(e) of this

title, 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.

(e) Rice. - The Secretary shall make available to producers of

each crop of rice on a farm price support at a level that is not

less than 50 percent, or more than 90 percent of the parity price

for rice as the Secretary determines will not result in increasing

stocks of rice to the Commodity Credit Corporation.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 101, 104(b)(3), 63 Stat.

1051; July 17, 1952, ch. 933, Sec. 2, 3(1), 66 Stat. 759; Aug. 28,

1954, ch. 1041, title II, Sec. 201, 202, 68 Stat. 899; Pub. L.

85-28, Apr. 25, 1957, 71 Stat. 27; Pub. L. 85-497, July 2, 1958, 72

Stat. 296; Pub. L. 85-835, title II, Sec. 201, title III, Sec.

302(a), Aug. 28, 1958, 72 Stat. 993, 994; Pub. L. 86-389, Sec. 2,

Feb. 20, 1960, 74 Stat. 7; Pub. L. 90-475, Sec. 5, Aug. 11, 1968,

82 Stat. 702; Pub. L. 94-214, title I, Sec. 102, Feb. 16, 1976, 90

Stat. 183; Pub. L. 95-113, title VI, Sec. 607, title VII, Sec. 702,

Sept. 29, 1977, 91 Stat. 940; Pub. L. 96-176, Dec. 31, 1979, 93

Stat. 1290; Pub. L. 96-213, Sec. 4(a), Mar. 18, 1980, 94 Stat. 119;

Pub. L. 96-365, title II, Sec. 201(a), Sept. 26, 1980, 94 Stat.

1319; Pub. L. 97-98, title V, Sec. 508, title VI, Sec. 602, Dec.

22, 1981, 95 Stat. 1242; Pub. L. 97-253, title I, Sec. 125, Sept.

8, 1982, 96 Stat. 771; Pub. L. 98-88, Sec. 2, Aug. 26, 1983, 97

Stat. 494; Pub. L. 98-258, title IV, Sec. 401, 402, Apr. 10, 1984,

98 Stat. 135; Pub. L. 99-198, title VI, Sec. 602, Dec. 23, 1985, 99

Stat. 1427; Pub. L. 104-127, title I, Sec. 171(b)(3), Apr. 4, 1996,

110 Stat. 938; Pub. L. 107-171, title I, Sec. 1310(a)(2)(A), May

13, 2002, 116 Stat. 182.)

-REFTEXT-

REFERENCES IN TEXT

Subsec. (e) of section 1335 of this title, referred to in subsec.

(d)(7), was eliminated and other provisions substituted by Pub. L.

87-703, title III, Sec. 315, Sept. 27, 1962, 76 Stat. 621.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-171 struck out ''and peanuts''

after ''cotton''.

1996 - Subsec. (e). Pub. L. 104-127 added subsec. (e).

1985 - Subsec. (i)(1). Pub. L. 99-198 temporarily redesignated

existing provisions as subpar. (A) and added subpars. (B) to (D).

See Effective and Termination Dates of 1985 Amendment note below.

1984 - Subsec. (i)(2)(C). Pub. L. 98-258, Sec. 401, substituted

''and $11.90 per hundredweight for the 1984 and 1985 crops'' for

''$11.90 per hundredweight for the 1984 crop, and $12.40 per

hundredweight for the 1985 crop''.

Subsec. (i)(5)(A). Pub. L. 98-258, Sec. 402(1), substituted

''third, fourth, and fifth'' for ''third and fourth'' after

''Notwithstanding any other provision of law, except as provided in

the''.

Pub. L. 98-258, Sec. 402(2), inserted sentence providing: ''For

the 1985 crop of rice, if the Secretary estimates that the quantity

of rice on hand in the United States on July 31, 1985 (not

including any quantity of rice produced in the United States during

calendar year 1985), will exceed twenty-five million hundredweight,

the Secretary shall provide for a combination of an acreage

limitation program as described under this subparagraph and a land

diversion program as described under subparagraph (B) under which

the acreage planted to rice for harvest on the farm would be

limited to the acreage base for the farm reduced by a total of not

less than 25 per centum, consisting of a reduction of 20 per centum

under the acreage limitation program and a reduction under the land

diversion program equal to the difference between the total

reduction for the farm and the 20 per centum reduction under the

acreage limitation program.''

Pub. L. 98-258, Sec. 402(3), substituted ''1983 and 1985 crops of

rice'' for ''1983 crop of rice'' after ''As a condition of

eligibility for loans, purchases, and payments on the''.

Subsec. (i)(5)(B). Pub. L. 98-258, Sec. 402(4), inserted sentence

providing that if the Secretary implements a land diversion program

for the 1985 crop of rice under the provisions of subparagraph (A),

the Secretary shall make crop retirement and conservation payments

to any producer of the 1985 crop of rice whose acreage planted to

rice for harvest on the farm is reduced so that it does not exceed

the rice acreage base for the farm less an amount equivalent to the

percentage of the acreage base specified by the Secretary, but not

less than 5 per centum, in addition to the reduction required under

the acreage limitation program under subparagraph (A), and who

devotes to approved conservation uses an acreage of cropland

equivalent to the reduction required from the rice acreage base

under this subparagraph.

Pub. L. 98-258, Sec. 402(5), substituted ''Diversion payments

made to producers under this subparagraph shall be made in an

amount computed by multiplying'' for ''Such payments shall be made

in an amount computed by multiplying''.

Pub. L. 98-258, Sec. 402(6), substituted ''$3.00 per

hundredweight for the 1983 crop of rice, except that the rate may

be reduced up to 10 per centum if the Secretary determines that the

same program objective could be achieved with the lower rate, and

at not less than $2.70 per hundredweight for the 1985 crop of

rice'' for ''$3.00 per hundredweight, except that the rate may be

reduced up to 10 per centum if the Secretary determines that the

same program objective could be achieved with the lower rate''

after ''The diversion payment rate shall be established by the

Secretary at not less than'' and inserted a proviso that if the

Secretary estimates that the quantity of rice on hand in the United

States on July 31, 1985 (not including any quantity of rice

produced in the United States during calendar year 1985), will

exceed (I) thirty-five million hundredweight, such rate shall be

established by the Secretary at not less than $3.25 per

hundredweight, and (II) forty-two million five hundred thousand

hundredweight, such rate shall be established by the Secretary at

not less than $3.50 per hundredweight.

Pub. L. 98-258, Sec. 402(7), substituted ''1983 and 1985 crops''

for ''1983 crop'' after ''The Secretary shall make not less than 50

per centum of any payments under this subparagraph to producers of

the''.

1983 - Subsec. (f). Pub. L. 98-88 struck out subsec. (f) which

read as follows: ''The provisions of this Act relating to price

support for cotton shall apply severally to (1) American upland

cotton and (2) extra long staple cotton described in subsection (a)

of this section and ginned as required by subsection (e) of section

1347 of this title, except that, notwithstanding any other

provision of this Act, price support shall be made available for

the 1982 and each subsequent crop of extra long staple cotton

through nonrecourse loans as provided in this subsection. If

producers have not disapproved marketing quotas for any crop of

extra long staple cotton, price support loans shall be made

available to cooperators for such crop at a level which is not less

than 75 per centum or more than 125 per centum in excess of the

loan level established for Strict Low Middling one and

one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of

such crop at average location in the United States. If producers

have disapproved marketing quotas for any crop of extra long staple

cotton, price support loans shall be made available to cooperators

for such crop at a level which shall be 50 per centum in excess of

the loan level established for Strict Low Middling one and

one-sixteenth inch upland cotton (micronaire 3.5 through 4.9) of

such crop at average location in the United States. Nothing

contained herein shall affect the authority of the Secretary to

make price support available for extra long staple cotton in

accordance with section 1422 of this title.'' See section 1444(h)

of this title.

1982 - Subsec. (i)(5)(A). Pub. L. 97-253, Sec. 125(1)-(3),

substituted ''Notwithstanding any other provision of law, except as

provided in the third and fourth sentences of this paragraph, the''

for ''Notwithstanding any other provision of this subsection,

the'', following second sentence, inserted provision that for the

1983 crop of rice, the Secretary shall provide for a combination of

(i) an acreage limitation program as described under this

subparagraph and (ii) a diversion program as described under

subpar. (B) under which the acreage planted to rice for harvest on

the farm would be limited to the acreage base for the farm reduced

by a total of 20 per centum, consisting of a reduction of 15 per

centum under the acreage limitation program and a reduction of 5

per centum under the diversion program, and that as a condition of

eligibility for loans, purchases, and payments on the 1983 crop of

rice, the producers on a farm must comply with the terms and

conditions of the combined acreage limitation and diversion

program, and, following ninth sentence, inserted provision that

notwithstanding the other provisions of this subparagraph, the

acreage base to be used for the farm under the program for the 1983

crop of rice shall be the same as the acreage base applicable to

the farm under the acreage limitation program for the 1982 crop,

adjusted to reflect established crop-rotation practices and to

reflect such other factors as the Secretary determines should be

considered in determining a fair and equitable base.

Subsec. (i)(5)(B). Pub. L. 97-253, Sec. 125(4), inserted

provision requiring the Secretary to implement a land diversion

program for the 1983 crop of rice under which the Secretary shall

make crop retirement and conservation payments to producers making

a reduction additional to that required under subpar. (A) and

devoting an equivalent acreage of cropland to conservation

purposes, and provisions for the computation of payments, and

establishment of payment rates by the Secretary, as well as payment

by the Secretary of not less than 50 per centum of any payments

under this subparagraph to 1983 crop producers as soon as

practicable after any such producer enters into a land diversion

contract with the Secretary and in advance of any determination of

performance, but in no case prior to Oct. 1, 1982, and repayment of

advances, with interest, in the event of noncompliance by such

producer with such contract.

1981 - Subsec. (f). Pub. L. 97-98, Sec. 508, substituted

provisions authorizing price support for extra long staple cotton

for the 1982 crop and each subsequent crop through nonrecourse

loans as provided in this subsection and prescribing the level of

price support loans available to cooperators if producers have not,

or have, disapproved marketing quotas for any crop of extra long

staple cotton as specified percentages of the loan level

established for Strict Low Middling one and one-sixteenth inch

upland cotton, micronaire 3.5 through 4.9, of such crop at average

location in the United States for provisions authorizing price

support for extra long staple cotton to cooperators for the 1980

crop and each subsequent crop based on the loan level established

for Strict Low Middling one and one-sixteenth inch upland cotton

and adjusted by the specified factors, provisions determining the

computation of acreage allotments of extra long staple cotton,

provisions authorizing the Secretary to establish the price-support

payment factor, provisions authorizing the manner and mode of

payments authorized under this section, and provisions making

operative subsec. (d)(3) of this section upon the disapproval by

producers of the national marketing quota established pursuant to

section 1347 of this title.

Subsec. (i). Pub. L. 97-98, Sec. 602, temporarily added subsec.

(i). See Effective and Termination Dates of 1981 Amendment note

below.

1980 - Subsec. (h)(4)(B). Pub. L. 96-365, Sec. 201(a)(1),

substituted ''Except as otherwise provided in subparagraph (D) of

this paragraph, effective with respect to the 1978 through 1981

crops of rice'' for ''Effective only with respect to the 1978,

1979, and 1980 crops of rice''.

Pub. L. 96-213, Sec. 4(a)(1), substituted ''1978, 1979, and 1980

crops of rice'' for ''1978 and 1979 crops of rice''.

Subsec. (h)(4)(C). Pub. L. 96-365, Sec. 201(a)(2), substituted

''Except as otherwise provided in subparagraph (D) of this

paragraph, effective with respect to the 1978 through 1981 crops of

rice'' for ''Effective only with respect to the 1978, 1979, and

1980 crops of rice''.

Pub. L. 96-213, Sec. 4(a)(2), substituted ''1978, 1979, and 1980

crops of rice'' for ''1978 and 1979 crops of rice''.

Subsec. (h)(4)(D), (E). Pub. L. 96-365, Sec. 201(a)(3), added

subpar. (D) and redesignated former subpar. (D) as (E).

1979 - Subsec. (f). Pub. L. 96-176 substituted ''1980'' for

''1968'', ''85'' for ''50'', ''135'' for ''100'', and ''55'' for

''65''.

1977 - Subsec. (f). Pub. L. 95-113, Sec. 607, substituted

''Strict Low Middling one and one-sixteenth inch'' for ''Middling

one-inch''.

Subsec. (h). Pub. L. 95-113, Sec. 702, temporarily added subsec.

(h). See Effective and Termination Dates of 1977 Amendment note

below.

1976 - Subsec. (g). Pub. L. 94-214 temporarily added subsec. (g).

See Effective and Termination Dates of 1976 Amendment note below.

1968 - Subsec. (f). Pub. L. 90-475 substituted provisions

authorizing price support for extra long staple cotton for the 1968

crop and each subsequent crop based on the loan level established

for Middling one-inch upland cotton and adjusted by the specified

factors, provisions determining the computation of acreage

allotments of extra long staple cotton, provisions authorizing the

Secretary to establish the price-support payment factor, and

provisions authorizing the manner and mode of payments authorized

under this section, for provisions authorizing price support for

extra long staple cotton for the 1957 crop and each subsequent crop

based on the parity price for the 1956 crop and adjusted by certain

specified factors, with a minimum price support level of not less

than 60 percent of the parity price, and provisions making

operative subsec. (d)(3) of this section upon the disapproval by

producers of the national marketing quota established pursuant to

section 1347 of this title.

1960 - Subsec. (e). Pub. L. 86-389 repealed subsec. (e) which

provided that: ''Notwithstanding any of the provisions of this Act,

section 2 of the Act of July 28, 1945 (59 Stat. 506) shall continue

in effect.'' See section 1445 of this title.

1958 - Subsec. (a). Pub. L. 85-835, Sec. 302(a), substituted

''and wheat'' for ''wheat, and rice'' and added par. requiring rice

price support levels to be not less than 75, 70, and 65 per centum

of parity for 1959 and 1960, 1961, and 1962 and subsequent crop

years, respectively.

Subsec. (d)(4). Act Oct. 31, 1949, Sec. 104(b)(3), as added Pub.

L. 85-835, Sec. 201, repealed par. (4) which provided for price

support level for corn to cooperators outside the commercial

corn-producing area at 75 per centum of the level of price support

to cooperators in the commercial corn-producing area.

Subsec. (f). Pub. L. 85-497 provided that the level of support

for crops of extra long staple cotton shall not exceed the same per

centum of the parity price as for the 1956 crop, required such

level to be determined after consideration of the factors specified

in section 1421(b) of this title and the price levels for similar

qualities of cotton produced outside the United States, and

established a minimum of not less than 60 per centum of the parity

price as the level for extra long staple cotton.

1957 - Subsec. (f). Pub. L. 85-28 set the price support for extra

long staple cotton for 1957 and each subsequent crop at same per

centum of parity price as for 1956 crop.

1954 - Subsec. (d)(6). Act Aug. 28, 1954, Sec. 201(a), provided

for flexible price supports.

Subsec. (d)(7). Act Aug. 28, 1954, Sec. 201(b), added par. (7).

Subsec. (f). Act Aug. 28, 1954, Sec. 202, set the price support

for long staple cotton at the minimum determined in accordance with

the schedule in subsec. (b) of this section.

1952 - Subsec. (d)(6). Act July 17, 1952, Sec. 2, added par. (6).

Subsec. (f). Act July 17, 1952, Sec. 3(1), added subsec. (f).

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 602 of Pub. L. 99-198 provided that the amendment made by

that section is effective for 1985 crop of rice.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-88 provided that the amendment made by

that section is effective beginning with 1984 crop of extra long

staple cotton.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 508 of Pub. L. 97-98 provided that the amendment made by

that section is effective beginning with 1982 crop of extra long

staple cotton.

Section 602 of Pub. L. 97-98 provided that the amendment made by

that section is effective only for 1982 through 1985 crops of rice.

EFFECTIVE DATE OF 1979 AMENDMENT

Pub. L. 96-176 provided that the amendment made by that section

is effective with respect to 1980 and subsequent crops of extra

long staple cotton.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Section 702 of Pub. L. 95-113 provided that the amendment made by

that section is effective only for 1978 through 1981 crops of rice.

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, except as

otherwise provided, see section 1901 of Pub. L. 95-113, set out as

a note under section 1307 of this title.

EFFECTIVE AND TERMINATION DATES OF 1976 AMENDMENT

Section 102 of Pub. L. 94-214 provided that the amendment made by

that section is effective for 1976 and 1977 crops of rice.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 104(b)(3) of act Oct. 31, 1949, as added by section 201

of Pub. L. 85-835, provided for repeal of subsec. (d)(4) of this

section effective with 1959 crop, to be operative as provided in

section 1444a(b) of this title. See 1958 Referendum for Selection

of Alternative Corn Program and Operative Status of Certain

Provisions note set out under section 1444a of this title.

Section 302(a) of Pub. L. 85-835 provided in part that the

amendment by Pub. L. 85-835 (amending this section) is effective

beginning with the 1959 crop.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(1) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(A) of this title.

Pub. L. 101-624, title VIII, Sec. 808, Nov. 28, 1990, 104 Stat.

3478, provided that: ''Section 101 of the Agricultural Act of 1949

(7 U.S.C. 1441) shall not be applicable to the 1991 through 1995

crops of peanuts.''

Section 707 of Pub. L. 99-198 provided that: ''Section 101 of the

Agricultural Act of 1949 (7 U.S.C. 1441) shall not be applicable to

the 1986 through 1990 crops of peanuts.''

Section 707 of Pub. L. 97-98 provided that: ''Section 101 of the

Agricultural Act of 1949 (this section) shall not be applicable to

the 1982 through 1985 crops of peanuts.''

REPORT ON TRADING OF RICE FUTURES

Section 603 of Pub. L. 97-98 required Secretary of Agriculture to

submit a report to Congress evaluating the trading of rice futures

on commodity exchanges by July 31, 1983.

EXEMPTION OF DISASTER PAYMENT LIMITATIONS RESPECTING 1977 CROPS OF

WHEAT, FEED GRAINS, UPLAND COTTON, AND RICE

Term ''payments'' as used in subsec. (g)(13) of this section

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 1977 crops of wheat, feed grains, upland

cotton, and rice, see Pub. L. 95-156, set out as a note under

section 1307 of this title.

1963 WHEAT CROP

Pub. L. 87-703, title III, Sec. 306, Sept. 27, 1962, 76 Stat.

615, required that price support for 1963 crop of wheat be made

available as provided in section 1441 of this title with certain

exceptions.

1962 WHEAT CROP

Pub. L. 87-128, title I, Sec. 123, Aug. 8, 1961, 75 Stat. 297,

required that price support for 1962 crop of wheat be made

available as provided in section 1441 of this title with certain

exceptions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1427, 1428, 1442, 1444,

1444a, 1444b, 1445, 1445a, 7301, 7992 of this title.

-CITE-

7 USC Sec. 1441-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1441-1. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 101A, as added

Dec. 23, 1985, Pub. L. 99-198, title VI, Sec. 601, 99 Stat. 1419;

amended Mar. 20, 1986, Pub. L. 99-260, Sec. 2(d), 100 Stat. 47; May

27, 1987, Pub. L. 100-45, Sec. 5, 101 Stat. 320; Dec. 22, 1987,

Pub. L. 100-203, title I, Sec. 1101(e), 1102(d), 1113(d), 101 Stat.

1330-2, 1330-3, 1330-10, related to loan rates, target prices,

disaster payments, acreage limitation program, and land diversion.

See Effective and Termination Dates note below.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 601 of Pub. L. 99-198 provided that this section is

effective only for 1986 through 1990 crops of rice.

-CITE-

7 USC Sec. 1441-1a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1441-1a. Marketing certificates for rice

-STATUTE-

(a) Authority of Commodity Credit Corporation to issue negotiable

marketing certificates

Notwithstanding any other provision of law, whenever, during the

period beginning August 1, 1986, and ending July 31, 1991, the

world price for a class of rice (adjusted to United States

qualities and location), as determined by the Secretary of

Agriculture, is below the current loan repayment rate for that

class of rice, to make United States rice competitive in world

markets and to maintain and expand exports of rice produced in the

United States, the Commodity Credit Corporation, under such

regulations as the Secretary may prescribe, shall make payments,

through the issuance of negotiable marketing certificates, to

persons who have entered into an agreement with the Commodity

Credit Corporation to participate in the program established under

this section. Such payments shall be made in such monetary amounts

and subject to such terms and conditions as the Secretary

determines will make rice produced in the United States available

at competitive prices consistent with the purposes of this section,

including such payments as may be necessary to make rice in

inventory on August 1, 1986, available on the same basis.

(b) Determination of value of certificates

The value of each certificate issued under subsection (a) of this

section shall be based on the difference between -

(1) the loan repayment rate for the class of rice; and

(2) the prevailing world market price for the class of rice, as

determined by the Secretary of Agriculture under a published

formula submitted for public comment before its adoption.

(c) Commodity Credit Corporation assistance in redemption,

marketing, or exchange of certificates

The Commodity Credit Corporation, under regulations prescribed by

the Secretary of Agriculture, may assist any person receiving

marketing certificates under this section in the redemption of

certificates for cash, or marketing or exchange of such

certificates for (1) rice owned by the Commodity Credit Corporation

or (2) (if the Secretary and the person agree) other agricultural

commodities or the products thereof owned by the Commodity Credit

Corporation, at such times, in such manner, and at such price

levels as the Secretary determines will best effectuate the

purposes of the program established under this section.

Notwithstanding any other provision of law, any price restrictions

that may otherwise apply to the disposition of agricultural

commodities by the Commodity Credit Corporation shall not apply to

the redemption of certificates under this section.

(d) Exchange of certificates for commodities and products

Insofar as practicable, the Secretary shall permit owners of

certificates to designate the commodities and the products thereof,

including storage sites thereof, such owners would prefer to

receive in exchange for certificates. If any certificate is not

presented for redemption, marketing, or exchange within a

reasonable number of days after the issuance of such certificate

(as determined by the Secretary), reasonable costs of storage and

other carrying charges, as determined by the Secretary, shall be

deducted from the value of the certificate for the period beginning

after such reasonable number of days and ending with the date of

the presentation of such certificate to the Commodity Credit

Corporation.

(e) Prevention of adverse effects

The Secretary of Agriculture shall take such measures as may be

necessary to prevent the marketing or exchange of agricultural

commodities and the products thereof for certificates under this

section from adversely affecting the income of producers of such

commodities or products.

(f) Transfer of certificates

Under regulations prescribed by the Secretary of Agriculture,

certificates issued to rice exporters under this section may be

transferred to other exporters and persons approved by the

Secretary.

-SOURCE-

(Pub. L. 99-198, title VI, Sec. 603, Dec. 23, 1985, 99 Stat. 1429.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-

7 USC Sec. 1441-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1441-2. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(A),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 101B, as added

Nov. 28, 1990, Pub. L. 101-624, title VI, Sec. 601, 104 Stat. 3443;

amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(d),

1102(c), 104 Stat. 1388-1, 1388-2; Dec. 13, 1991, Pub. L. 102-237,

title I, Sec. 102(a), 104, 106(a), 113(1), 105 Stat. 1821, 1823,

1824, 1837; Aug. 10, 1993, Pub. L. 103-66, title I, Sec. 1104, 107

Stat. 316; May 6, 1994, Pub. L. 103-247, Sec. 1(a), 108 Stat. 618;

Oct. 13, 1994, Pub. L. 103-354, title I, Sec. 119(a)(2), 108 Stat.

3207, related to loans, payments, and acreage reduction programs

for 1991 through 1995 crops of rice.

-CITE-

7 USC Sec. 1441a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1441a. Cost of production study and establishment of current

national weighted average cost of production

-STATUTE-

The Secretary of Agriculture, in cooperation with the land grant

colleges, commodity organizations, general farm organizations, and

individual farmers, shall conduct a cost of production study of the

wheat, feed grain, cotton, and dairy commodities under the various

production practices and establish a current national weighted

average cost of production. This study shall be updated annually

and shall include all typical variable costs, including interest

costs, a return on fixed costs, and a return for management.

-SOURCE-

(Pub. L. 91-524, title VIII, Sec. 808, as added Pub. L. 93-86, Sec.

1(27)(B), Aug. 10, 1973, 87 Stat. 237; amended Pub. L. 97-98, title

XI, Sec. 1117, Dec. 22, 1981, 95 Stat. 1271.)

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1970 as

added by the Agriculture and Consumer Protection Act of 1973, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

AMENDMENTS

1981 - Pub. L. 97-98 inserted ''including interest costs,'' after

''variable costs,'', substituted '', and a return for management''

for ''equal to the existing interest rates charged by the Federal

Land Bank, and return for management comparable to the normal

management fees charged by other comparable industries'', and

struck out provision that these studies be based upon the size unit

that requires one man to farm on a full-time basis.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

-CITE-

7 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1442. Price support and acreage requirements for corn and

other feed grains

-STATUTE-

(a) Conditions of eligibility

Notwithstanding any other provision of law, whenever base

acreages are in effect for corn, the Secretary shall require, as a

condition of eligibility for price support on corn, that the

producer (1) devote an acreage of cropland (tilled in normal

rotation), at the option of the producer, to either the acreage

reserve program for corn or the conservation reserve program, equal

to 15 per centum of such producer's farm base acreage for corn, and

(2) not exceed such farm base acreage for corn: Provided, That

price support may be made available to any producer who does not

meet the foregoing requirements at such level, not in excess of the

level of price support to producers who meet such requirements, as

the Secretary determines will facilitate the effective operation of

the price support program. Corn acreage allotments shall not be

effective for the 1956 crop.

(b) Referendum of producers of corn

Not later than December 15, 1956, the Secretary shall conduct a

referendum of producers of corn in 1956 in the commercial

corn-producing area to determine whether such producers favor a

price-support program as provided in subsection (c) of this section

for the 1957 and subsequent crops in lieu of acreage allotments as

provided in the Agricultural Adjustment Act of 1938, as amended (7

U.S.C. 1281 et seq.), and price support as provided in section 1441

of this title.

(c) Restriction on acreage allotment of corn; price support level

Notwithstanding any other provision of law, if two-thirds or more

of the producers voting in the referendum conducted pursuant to

subsection (b) of this section favor a price-support program as

provided in this subsection, no acreage allotment of corn shall be

established for the commercial corn-producing area for any county,

or for any farm, with respect to the 1957 and subsequent crops, and

price support made available for such crops by Commodity Credit

Corporation shall be at such level as the Secretary determines will

assist producers in marketing corn in the normal channels of trade

but not encourage the uneconomic production of corn.

(d) Price support level for 1956 and 1957 crops of grain sorghums,

barley, rye, oats, and corn

Notwithstanding any other provision of law, (1) the level of

price support for the 1956 crop of grain sorghums, barley, rye, and

oats, respectively, shall be 76 per centum of the parity price for

the commodity as of May 1, 1956, (2) the level of price support for

corn produced outside the commercial corn-producing area, for any

crop for which base acreages are in effect (except as provided in

(3) below), shall be 82 1/2 per centum of the level of price

support for corn in the commercial corn-producing area to producers

complying with acreage limitations, and (3) if price support is

made available for the 1957 crop of corn in the commercial

corn-producing area to producers not complying with acreage

limitations, price support shall be made available for the 1957

crop of grain sorghums, barley, rye, oats, and corn produced

outside the commercial corn-producing area, respectively, at a

level, not less than 70 per centum of the parity price as of the

beginning of the marketing year, determined by the Secretary to be

fair and reasonable in relation to the level at which price support

is made available for corn in the commercial corn-producing area to

producers not complying with acreage limitations, taking into

consideration the normal price relationships between such commodity

and corn in the commercial area, the feed value of such commodity

in relation to corn, the supply of such commodity in relation to

the demand therefor, and the ability to dispose of stocks of such

commodity acquired through price support programs.

-SOURCE-

(May 28, 1956, ch. 327, title III, Sec. 308, 70 Stat. 206.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Adjustment Act of 1938, as amended, referred to

in subsec. (b), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as

amended, which is classified principally to chapter 35 (Sec. 1281

et seq.) of this title. For complete classification of this Act to

the Code, see section 1281 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1956, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

REFERENDUM OF PRODUCERS OF CORN

The referendum provided for in subsec. (b) of this section was

held on Dec. 11, 1956, and the required two-thirds vote was not

obtained in favor of the price support program provided for in

subsec. (c) of this section. See 22 F.R. 480.

-CITE-

7 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1443. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 102, as added

Aug. 28, 1958, Pub. L. 85-835, title I, Sec. 101, 72 Stat. 988,

related to acreage allotment and price support levels for the 1959

and 1960 crops of upland cotton.

-CITE-

7 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444. Cotton price support levels

-STATUTE-

(a) Basic support levels for 1961 and subsequent years

Notwithstanding the provisions of section 1441 of this title,

price support to cooperators for each crop of upland cotton,

beginning with the 1961 crop, for which producers have not

disapproved marketing quotas shall be at such level not more than

90 per centum of the parity price therefor nor less than the

minimum level prescribed below as the Secretary determines

appropriate after consideration of the factors specified in section

1421(b) of this title. For the 1961 crop the minimum level shall

be 70 per centum of the parity price therefor, and for each

subsequent crop the minimum level shall be 65 per centum of the

parity price therefor: Provided, That the price support for the

1965 crop shall be a national average support price which reflects

30 cents per pound for Middling one-inch cotton. Price support in

the case of noncooperators and in case marketing quotas are

disapproved shall be as provided in section 1441(d)(3) and (5) of

this title.

(b) Additional support levels for 1964 and 1965

If producers have not disapproved marketing quotas, the Secretary

shall provide additional price support on the 1964 and 1965 crops

of upland cotton to cooperators on whose farms the acreage planted

to upland cotton for harvest does not exceed the farm domestic

allotment established under section 1350 of this title. Such

additional support shall be at a level up to 15 per centum in

excess of the basic level of support established under subsection

(a) of this section and shall be provided on the normal yield of

the acreage planted for harvest within the farm domestic

allotment. For purposes of this subsection, an acreage on the farm

which the Secretary finds was not planted to cotton in 1965 because

of flood, drought, or other natural disaster shall be deemed by the

Secretary to be an actual acreage of cotton planted on the farm for

harvest, provided such acreage is not subsequently devoted to any

price supported crop for 1965.

(c) Alternative operations for carrying out additional price

support; payment-in-kind certificates: value, marketing

assistance, redemption, and deductions after thirty day period

In order to keep upland cotton to the maximum extent practicable

in the normal channels of trade, any additional price support under

subsection (b) of this section may be carried out through the

simultaneous purchase of cotton at the support price therefor under

subsection (b) of this section and the sale of such cotton at the

support price therefor under subsection (a) of this section or

similar operations, including loans under which the cotton would be

redeemable by payment of the amount for which the cotton would be

redeemable if the loan thereon had been made at the support price

for such cotton under subsection (a) of this section, or

payments-in-kind through the issuance of certificates which the

Commodity Credit Corporation shall redeem for cotton under

regulations issued by the Secretary. If such additional support is

provided through the issuance of payment-in-kind certificates, such

certificates shall have a value per pound of cotton equal to the

difference between the level of support established under

subsection (a) of this section and the level of support established

under subsection (b) of this section. The corporation may, under

regulations prescribed by the Secretary, assist the producers and

persons receiving payment-in-kind certificates under this section

and section 1348 of this title, in the marketing of such

certificates at such time and in such manner as the Secretary

determines will best effectuate the purposes of the program

authorized by this section and such section 1348. In the case of

any certificate not presented for redemption within thirty days of

the date of its issuance, reasonable costs of storage and other

carrying charges as determined by the Secretary for the period

beginning thirty days after its issuance and ending with the date

of its presentation for redemption shall be deducted from the value

of the certificate.

(d) Price support and diversion payments for 1966 through 1970

crops

(1) Notwithstanding any other provision of this Act, if producers

have not disapproved marketing quotas, price support and diversion

payments shall be made available for the 1966 through 1970 crops of

upland cotton as provided in this subsection.

(2) Price support for each such crop of upland cotton shall be

made available to cooperators through loans at such level, not

exceeding a level which will reflect for Middling one-inch upland

cotton at average location in the United States 90 per centum of

the estimated average world market price for Middling one-inch

upland cotton for the marketing year for such crop, as the

Secretary determines will provide orderly marketing of cotton

during the harvest season and will retain an adequate share of the

world market for cotton produced in the United States taking into

consideration the factors specified in section 1421(b) of this

title: Provided, That the national average loan rate for the 1966

crop shall reflect 21 cents per pound for Middling one-inch upland

cotton.

(3) The Secretary also shall provide additional price support for

each such crop through payments in cash or in kind to cooperators

at a rate not less than 9 cents per pound: Provided, That the rate

shall be such that the amount obtained by -

(i) multiplying the rate by the farm domestic acreage allotment

percentage, and

(ii) dividing the product thus obtained by the cooperator

percentage established under section 1428(b) of this title, and

(iii) adding the result thus obtained to the national average

loan rate

shall not be less than 65 per centum or more than 90 per centum of

the parity price for cotton as of the month in which the payment

rate provided for by this paragraph is announced. Such payments

shall be made on the quantity of cotton determined by multiplying

the projected farm yield by the acreage planted to cotton within

the farm domestic acreage allotment: Provided, That any such farm

planting not less than 90 per centum of such domestic acreage

allotment shall be deemed to have planted the entire amount of such

allotment. An acreage on a farm in any such year which the

Secretary finds was not planted to cotton because of drought,

flood, or other natural disaster shall be deemed to be planted to

cotton for purposes of payments under this subsection if such

acreage is not subsequently devoted to any other crop for which

there are marketing quotas or voluntary adjustment programs in

effect.

(4) The Secretary shall make diversion payments in cash or in

kind in addition to the price support payments authorized in

paragraph (3) to cooperators who reduce their cotton acreage by

diverting a portion of their cotton acreage allotment from the

production of cotton to approved conservation practices to the

extent prescribed by the Secretary: Provided, That no reduction

below the domestic acreage allotments established under section

1350 of this title shall be prescribed: Provided further, That

payment under this paragraph shall be made available for diverting

to conserving uses that part of the acreage allotment which must be

diverted from cotton in order that the producer may qualify as a

cooperator. The rate of payment for acreage required to be

diverted in order to qualify as a cooperator shall not be less than

25 per centum of the parity price for upland cotton as of the month

in which such rate is announced. The rate of payment for

additional acreage diverted shall be such rate as the Secretary

determines to be fair and reasonable, but shall not exceed 40 per

centum of such parity price. Payment at each applicable rate shall

be made on the quantity of cotton determined by multiplying the

acreage diverted from the production of cotton at such rate by the

projected farm yield. In addition to the foregoing payment, if

any, payment at the rate applicable for acreage required to be

diverted to qualify as a cooperator shall be made to producers on

small farms as defined in section 1428(b) of this title who do not

exceed their farm acreage allotments on a quantity of cotton

determined by multiplying an acreage equal to 35 per centum of such

farm acreage allotment by the projected farm yield.

(5) The Secretary may make not to exceed 50 per centum of the

payments under this subsection to producers in advance of

determination of performance and the balance of such payments shall

be made at such time as the Secretary may prescribe.

(6) Where the farm operator elects to participate in the

diversion program authorized in this subsection and no acreage is

planted to cotton on the farm, diversion payments shall be made at

the rate established under paragraph (4) for acreage required to be

diverted to qualify as a cooperator on the quantity of cotton

determined by multiplying that part of the farm acreage allotment

required to be diverted to qualify as a cooperator by the projected

farm yield, and the remainder of such allotment may be released

under the provisions of section 1344(m)(2) of this title. The

acreage on which payment is made under this paragraph shall be

regarded as planted to cotton for purposes of establishing future

State, county, and farm acreage allotments, and farm bases.

(7) Payments in kind under this subsection shall be made through

the issuance of certificates which the Commodity Credit Corporation

shall redeem for cotton under regulations issued by the Secretary

at a value per pound equal to not less than the current loan rate

therefor. The Corporation may, under regulations prescribed by the

Secretary, assist the producers in the marketing of such

certificates at such times and in such manner as the Secretary

determines will best effectuate the purposes of the program

authorized by this subsection.

(8) Payments under this subsection shall be conditioned on the

farm having an acreage of approved conservation uses equal to the

sum of (i) the reduction in cotton acreage required to qualify for

such payments (hereinafter called ''diverted acreage''), and (ii)

the average acreage of cropland on the farm devoted to designated

soil-conserving crops or practices, including summer fallow and

idle land, during a base period prescribed by the Secretary:

Provided, That the Secretary may permit all or any part of such

diverted acreage to be devoted to the production of guar, sesame,

safflower, sunflower, castor beans, mustard seed, crambe, plantago

ovato, and flaxseed, if he determines that such production is

necessary to provide an adequate supply of such commodities, is not

likely to increase the cost of the price support program, and will

not adversely affect farm income, subject to the condition that

payment under paragraph (4) or (6) with respect to diverted acreage

devoted to any such crop shall be at a rate determined by the

Secretary to be fair and reasonable, taking into consideration the

use of such acreage for the production of such crops, but in no

event shall the payment exceed one-half the rate which otherwise

would be applicable if such acreage were devoted to conservation

uses.

(9) The acreage regarded as planted to cotton on any farm which

qualifies for payment under this subsection except under paragraph

(6) shall, for purposes of establishing future State, county, and

farm acreage allotments and farm bases, be the farm acreage

allotment established under section 1344 of this title, excluding

adjustments under subsection (m)(2) thereof.

(10) The Secretary shall provide adequate safeguards to protect

the interests of tenants and sharecroppers, including provision for

sharing diversion payments on a fair and equitable basis under this

subsection. The Secretary shall provide for the sharing of price

support payments among producers on the farm on the basis of their

respective shares in the cotton crop produced on the farm, or the

proceeds therefrom, except that in any case in which the Secretary

determines that such basis would not be fair and equitable, the

Secretary shall provide for such sharing on such other basis as he

may determine to be fair and equitable.

(11) In any case in which the failure of a producer to comply

fully with the terms and conditions of the programs formulated

under this Act preclude the making of payments under this section,

the Secretary may, nevertheless, make such payments in such amounts

as he determines to be equitable in relation to the seriousness of

the default.

(12) Notwithstanding any other provision of this Act, if, as a

result of limitations hereafter enacted with respect to price

support under this subsection, the Secretary is unable to make

available to all cooperators the full amount of price support to

which they would otherwise be entitled under paragraphs (2) and (3)

of this subsection for any crop of upland cotton, (A) price support

to cooperators shall be made available for such crop (if marketing

quotas have not been disapproved) through loans or purchases at

such level not less than 65 per centum nor more than 90 per centum

of the parity price therefor as the Secretary determines

appropriate; (B) in order to keep upland cotton to the maximum

extent practicable in the normal channels of trade, such price

support may be carried out through the simultaneous purchase of

cotton at the support price therefor and resale at a lower price or

through loans under which the cotton would be redeemable by payment

of a price therefor lower than the amount of the loan thereon; and

(C) such resale or redemption price shall be such as the Secretary

determines will provide orderly marketing of cotton during the

harvest season and will retain an adequate share of the world

market for cotton produced in the United States.

(13) The provisions of section 590h(g) of title 16 (relating to

assignment of payments), shall also apply to payments under this

subsection.

(14) The Commodity Credit Corporation is authorized to utilize

its capital funds and other assets for the purpose of making the

payments authorized in this subsection and to pay administrative

expenses necessary in carrying out this subsection.

(e) Price support, diversion, and cropland set-aside program for

crops beginning with 1971 crop

(1) The Secretary shall upon presentation of warehouse receipts

reflecting accrued storage charges of not more than 60 days make

available for the 1971 through 1977 crops of upland cotton to

cooperators nonrecourse loans for a term of ten months from the

first day of the month in which the loan is made at such level as

will reflect the Middling one-inch upland cotton (micronaire 3.5

through 4.9) at average location in the United States 90 per centum

of the average price of American cotton in world markets for such

cotton for the three-year period ending July 31 in the year in

which the loan level is announced, except that if the loan rate so

calculated is higher than the then current level of average world

prices for American cotton of such quality, the Secretary is

authorized to adjust the current calculated loan rate for cotton to

90 per centum of the then current average world price. The average

world price for such cotton for such preceding three-year period

shall be determined by the Secretary annually pursuant to a

published regulation which shall specify the procedures and the

factors to be used by the Secretary in making the world price

determination. The loan level for any crop of upland cotton shall

be determined and announced not later than November 1 of the

calendar year preceding the marketing year for which such loan is

to be effective. Notwithstanding the foregoing, if the carryover

of upland cotton as of the beginning of the marketing year for any

of the 1972 or 1973 crops exceeds 7.2 million bales, producers on

any farm harvesting cotton of such crop from an acreage in excess

of the base acreage allotment for such farm shall be entitled to

loans and purchases only on an amount of the cotton of such crop

produced on such farm determined by multiplying the yield used in

computing payments for such farm by the base acreage allotment for

such farm.

(2) Payments shall be made for each crop of cotton to the

producers on each farm at a rate equal to the amount by which the

higher of -

(1) the average market price received by farmers for upland

cotton during the calendar year which includes the first five

months of the marketing year for such crop, as determined by the

Secretary, or

(2) the loan level determined under paragraph (1) for such crop

is less than the established price of 38 cents per pound in the

case of the 1974 and 1975 crops, 38 cents per pound adjusted to

reflect any change during the calendar year 1975 in the index of

prices paid by farmers for production items, interest, taxes, and

wage rates in the case of the 1976 crop, and the established price

for the 1976 crop adjusted to reflect any change during the

calendar year 1976 in such index in the case of the 1977 crop:

Provided, That any increase that would otherwise be made in the

established price to reflect a change in the index of prices paid

by farmers shall be adjusted to reflect any change in (i) the

national average yield per acre of cotton for the three calendar

years preceding the year for which the determination is made, over

(ii) the national average yield per acre of cotton for the three

calendar years preceding the year previous to the one for which the

determination is made. If the Secretary determines that the

producers on a farm are prevented from planting any portion of the

allotment to cotton because of drought, flood, or other natural

disaster, or condition beyond the control of the producer, the rate

of payment for such portion shall be the larger of (A) the

foregoing rate, or (B) one-third of the established price. If the

Secretary determines that, because of such a disaster or condition,

the total quantity of cotton which the producers are able to

harvest on any farm is less than 66 2/3 percent of the farm base

acreage allotment times the average yield established for the farm,

the rate of payment for the deficiency in production below 100

percent shall be the larger of (A) the foregoing rate, or (B)

one-third of the established price. The payment rate with respect

to any producer who (i) is on a small farm (that is, a farm on

which the base acreage allotment is ten acres or less, or on which

the yield used in making payments times the farm base acreage

allotment is five thousand pounds or less, and for which the base

acreage allotment has not been reduced under section 1350(f) of

this title, (ii) resides on such farm, and (iii) derives his

principal income from cotton produced on such farm, shall be

increased by 30 per centum; but, notwithstanding paragraph (3),

such increase shall be made only with respect to his share of

cotton actually harvested on such farm within the quantity

specified in paragraph (3).

(3) Such payments shall be made available for a farm on the

quantity of upland cotton determined by multiplying the acreage

planted within the farm base acreage allotment for the farm for the

crop by the average yield established for the farm: Provided, That

payments shall be made on any farm planting not less than 90 per

centum of the farm base acreage allotment on the basis of the

entire amount of such allotment. For purposes of this paragraph,

an acreage on the farm which the Secretary determines was not

planted to cotton because of drought, flood, other natural

disaster, or a condition beyond the control of the producer shall

be considered to be an acreage planted to cotton. The average

yield for the farm for any year shall be determined on the basis of

the actual yields per harvested acre for the three preceding years,

except that the 1970 farm projected yield shall be substituted in

lieu of the actual yields for the years 1968 and 1969: Provided,

That the actual yields shall be adjusted by the Secretary for

abnormal yields in any year caused by drought, flood, or other

natural disaster: Provided further, That the average yield

established for the farm for any year shall not be less than the

yield used in making payments for the preceding year if the total

cotton production on the farm in such preceding year is not less

than the yield used in making payments for the farm for such

preceding year times the farm base acreage allotment for such

preceding year (for the 1970 crop, the farm domestic allotment).

(4)(A) The Secretary shall provide for a set aside of cropland if

he determines that the total supply of agricultural commodities

will, in the absence of such a set-aside, likely be excessive

taking into account the need for an adequate carryover to maintain

reasonable and stable supplies and prices and to meet a national

emergency. If a set-aside of cropland is in effect under this

paragraph (4), then as a condition of eligibility for loans and

payments on upland cotton the producers on a farm must set aside

and devote to approved conservation uses an acreage of cropland

equal to (i) such percentage of the farm base acreage allotment for

the farm as may be specified by the Secretary (not to exceed 28 per

centum of the farm base acreage allotment), plus, if required by

the Secretary, (ii) the acreage of cropland on the farm devoted in

preceding years to soil conserving uses, as determined by the

Secretary. The Secretary is authorized for the 1974 through 1977

crops to limit the acreage planted to upland cotton on the farm in

excess of the farm base acreage allotment to a percentage of the

farm base acreage allotment. The Secretary shall permit producers

to plant and graze on set-aside acreage sweet sorghum, and the

Secretary may permit, subject to such terms and conditions as he

may prescribe, all or any of the set-aside acreage to be devoted to

hay and grazing or the production of guar, sesame, safflower,

castor beans, mustard seed, crambe, plantago ovato, flaxseed,

triticale, oats, rye, or other commodity, if he determines that

such production is needed to provide an adequate supply, is not

likely to increase the cost of the price-support program, and will

not adversely affect farm income.

(B) To assist in adjusting the acreage of commodities to

desirable goals, the Secretary may make land diversion payments, in

addition to the payments authorized in subsection (e)(2) of this

section, to producers on a farm who, to the extent prescribed by

the Secretary, devote to approved conservation uses an acreage of

cropland on the farm in addition to that required to be so devoted

under subsection (e)(4)(A) of this section. The land diversion

payments for a farm shall be at such rate or rates as the Secretary

determines to be fair and reasonable taking into consideration to

the diversion undertaken by the producers and the productivity of

the acreage diverted. The Secretary shall limit the total acreage

to be diverted under agreements in any county or local community so

as not to adversely affect the economy of the county or local

community.

(5) The upland cotton program formulated under this section shall

require the producer to take such measures as the Secretary may

deem appropriate to protect the set-aside acreage and the

additional diverted acreage from erosion, insects, weeds, and

rodents. Such acreage may be devoted to wildlife food plots or

wildlife habitat in conformity with standards established by the

Secretary in consultation with wildlife agencies. The Secretary

may in the case of programs for the 1974 through 1977 crops, pay an

appropriate share of the cost of practices designed to carry out

the purposes of the foregoing sentences. The Secretary may provide

for an additional payment on such acreage in an amount determined

by the Secretary to be appropriate in relation to the benefit to

the general public if the producer agrees to permit, without other

compensation, access to all or such portion of the farm as the

Secretary may prescribe by the general public, for hunting,

trapping, fishing, and hiking, subject to applicable State and

Federal regulations.

(6) If the operator of the farm desires to participate in the

program formulated under this section, he shall file his agreement

to do so no later than such date as the Secretary may prescribe.

Loans and purchases on upland cotton and payments under this

section shall be made available to the producers on such farm only

if producers set aside and devote to approved soil conserving uses

an acreage on the farm equal to the number of acres which the

operator agrees to set aside and devote to approved soil conserving

uses, and the agreement shall so provide. The Secretary may, by

mutual agreement with the producer, terminate or modify any such

agreement entered into pursuant to this subsection (e)(6) if he

determines such action necessary because of an emergency created by

drought or other disaster or in order to alleviate a shortage in

the supply of agricultural commodities.

(7) The Secretary shall provide adequate safeguards to protect

the interests of tenants and sharecroppers, including provision for

sharing on a fair and equitable basis, in payments under this

section.

(8) In any case in which the failure of a producer to comply

fully with the terms and conditions of the program formulated under

this section precludes the making of loans, purchases, and

payments, the Secretary may, nevertheless, make such loans,

purchases, and payments in such amounts as he determines to be

equitable in relation to the seriousness of the default.

(9) The Secretary is authorized to issue such regulations as he

determines necessary to carry out the provisions of this

subchapter.

(10) The Secretary shall carry out the program authorized by this

section through the Commodity Credit Corporation.

(11) The provisions of section 590h(g) of title 16 (relating to

assignment of payments), shall apply to payments under this

subsection.

(f), (g) Omitted

(h) Program for extra long staple cotton beginning with 1984 crop

(1) For purposes of this subsection, extra long staple cotton

means cotton which is produced from pure strain varieties of the

Barbadense species or any hybrid thereof, or other similar types of

extra long staple cotton, designated by the Secretary, having

characteristics needed for various end uses for which American

upland cotton is not suitable and grown in irrigated cotton-growing

regions of the United States designated by the Secretary or other

areas designated by the Secretary is suitable for the production of

such varieties or types and which is ginned on a roller-type gin

or, if authorized by the Secretary, ginned on another type gin for

experimental purposes.

(2) The Secretary shall, upon presentation of warehouse receipts

reflecting accrued storage charges of not more than sixty days,

make available to producers nonrecourse loans for a term of ten

months from the first day of the month in which the loan is made at

a level which is not less than 85 percent of the simple average

price received by producers of extra long staple cotton, as

determined by the Secretary, during 3 years of the 5-year period

ending July 31 in the year in which the loan level is announced,

excluding the year in which the average price was the highest and

the year in which the average price was the lowest in such period..

(FOOTNOTE 1) If authorized by the Secretary, nonrecourse loans

provided for in this subsection may, upon request of the producer

during the tenth month of the loan period for the cotton, be made

available for an additional term of eight months. The loan level

for any crop of extra long staple cotton shall be determined and

announced by the Secretary not later than December 1 of the

calendar year preceding the marketing year for which such loan is

to be effective and such level shall not thereafter be changed.

(FOOTNOTE 1) So in original.

(3)(A) In addition, payments shall be made for each crop of extra

long staple cotton to producers on each farm at a rate equal to the

amount by which the higher of -

(i) the average market price received by farmers for extra long

staple cotton during the first eight months of the marketing year

for such crop, as determined by the Secretary, or

(ii) the loan level determined under paragraph (2) of this

subsection for such crop,

is less than the established price per pound times, in each case,

the farm program acreage for extra long staple cotton (determined

in accordance with paragraph (5)(A), but in no event on a greater

acreage than the acreage actually planted to extra long staple

cotton for harvest), multiplied by the farm program payment yield

for extra long staple cotton (determined in accordance with

paragraph (4)).

(B) The established price for each crop of extra long staple

cotton shall be 120 per centum of the loan level determined for

such crop under paragraph (2) of this subsection.

(C) If the Secretary establishes an acreage limitation program

for a crop of extra long staple cotton in accordance with paragraph

(5)(A) and determines that deficiency payments will likely be made

for such crop of extra long staple cotton under subparagraph (A) of

this paragraph, the Secretary may make available advance deficiency

payments for such crop to producers who agree to participate in the

acreage limitation program. Such advance payments shall be made

available to producers as soon as practicable after the producer

files a notice of intention to participate in such acreage

limitation program and in such amount as the Secretary determines

appropriate to encourage adequate participation in such program,

except that such amount shall not exceed an amount determined by

multiplying (i) the estimated farm program acreage for the crop, by

(ii) the farm program payment yield for the crop, by (iii) 50 per

centum of the projected payment rate, as determined by the

Secretary. In any case in which the deficiency payment payable to a

producer for a crop, as finally determined by the Secretary under

subparagraph (A) of this paragraph, is less than the amount paid to

the producer as an advance deficiency payment under this paragraph,

the producer shall refund an amount equal to the difference between

the amount advanced and the amount finally determined by the

Secretary to be payable to the producer. If the Secretary

determines that no deficiency payments are due producers on a crop,

the producer who received advanced payments on such crop shall

refund such payments. If a producer fails to comply with the

requirements under the acreage limitation program after obtaining

an advance deficiency payment under this paragraph, the producer

shall immediately repay the amount of the advance, plus interest

thereon in such amount as the Secretary shall prescribe.

(4) The farm program payment yield for each crop of extra long

staple cotton shall be determined on the basis of the actual yields

per harvested acre on the farm for the preceding three years,

except that the actual yields shall be adjusted by the Secretary

for abnormal yields in any year caused by drought, flood, or other

natural disaster, or other condition beyond the control of the

producers. In case farm yield data for one or more years are

unavailable or there was no production, the Secretary shall provide

for appraisals to be made on the basis of actual yields and program

payment yields for similar farms in the area for which data are

available. Notwithstanding the foregoing provisions of this

paragraph in the determination of yields, the Secretary shall take

into account the actual yields proved by the producer, and neither

such yields nor the farm program payment yield established on the

basis of such yields shall be reduced under other provisions of

this paragraph. If the Secretary determines it necessary, the

Secretary may establish national, State, or county program payment

yields on the basis of historical yields, as adjusted by the

Secretary to correct for abnormal factors affecting such yields in

the historical period, or, if such data are not available, on the

Secretary's estimate of actual yields for the crop year involved.

If national, State, or county program payment yields are

established, the farm program payment yields shall balance to the

national, State, or county program payment yields.

(5)(A)(i) Notwithstanding any other provision of this subsection,

the Secretary may establish a limitation on the acreage planted to

extra long staple cotton if the Secretary determines that the total

supply of extra long staple cotton, in the absence of such

limitation, will be excessive taking into account the need for an

adequate carryover to maintain reasonable and stable prices and to

meet a national emergency. Such limitation shall be achieved by

applying a uniform percentage reduction (including a zero

percentage reduction) to the acreage base for each extra long

staple cotton-producing farm. Producers who knowingly produce

extra long staple cotton in excess of the permitted acreage for the

farm shall be ineligible for extra long staple cotton loans and

payments with respect to that farm. The acreage base for any farm

for the purpose of determining any reduction required to be made

for any year as a result of a limitation under this subparagraph

shall be the average acreage planted on the farm to extra long

staple cotton for harvest in the three crop years immediately

preceding the year prior to the year for which the determination is

made. For the purpose of the preceding sentence, acreage planted

to extra long staple cotton for harvest shall include any acreage

which the producers were prevented from planting to extra long

staple cotton or other nonconserving crops in lieu of extra long

staple cotton because of drought, flood, or other natural disaster

or other condition beyond the control of the producers. The

Secretary may make adjustments to reflect established crop-rotation

practices and to reflect such other factors as the Secretary

determines should be considered in determining a fair and equitable

base. There is hereby established for the 1984, 1985, and 1986

crops an acreage base reserve equal to 5 per centum of the total of

the farm acreage bases established for the crop under the foregoing

provisions of this subparagraph. Such reserve shall be in addition

to the total of the farm acreage bases and shall be used by the

county committees, in accordance with regulations of the Secretary,

for making adjustments of farm acreage bases to correct inequities

and prevent hardship, and for establishing bases for farms on which

no extra long staple cotton was planted during the preceding four

years. A number of acres on the farm determined by dividing (i)

the product obtained by multiplying the number of acres required to

be withdrawn from the production of extra long staple cotton times

the number of acres actually planted to such commodity, by (ii) the

number of acres authorized to be planted to such commodity under

the limitation established by the Secretary, shall be devoted to

conservation uses, in accordance with regulations issued by the

Secretary, which will assure protection of such acreage from weeds

and wind and water erosion. The number of acres so determined is

hereafter in this subsection referred to as ''reduced acreage''.

The Secretary may permit, subject to such terms and conditions as

the Secretary may prescribe, all or any part of the reduced acreage

to be devoted to sweet sorghum, hay and grazing, or the production

of guar, sesame, safflower, sunflower, castor beans, mustard seed,

crambe, plantago ovato, flaxseed, triticale, rye, or other

commodity, if the Secretary determines that such production is

needed to provide an adequate supply of such commodities, is not

likely to increase the cost of the price support program, and will

not affect farm income adversely. The individual farm program

acreage shall be the actual acreage planted on the farm to extra

long staple cotton for harvest within the permitted extra long

staple cotton acreage for the farm as established under this

paragraph.

(ii) Notwithstanding any other provision of this Act, the

Secretary shall ensure, under such terms and conditions as may be

prescribed by the Secretary, that the total of the crop acreage

bases established on a farm which is enrolled in a production

adjustment program for any commodity shall not be increased as a

result of the application of the provisions set forth in paragraph

(13)(C), as extended for the 1989 and 1990 crop.

(B) The Secretary may make land diversion payments to producers

of extra long staple cotton, whether or not an acreage limitation

program for extra long staple cotton is in effect, if the Secretary

determines that such land diversion payments are necessary to

assist in adjusting the total national acreage of extra long staple

cotton to desirable goals. Such land diversion payments shall be

made to producers who, to the extent prescribed by the Secretary,

devote to approved conservation uses an acreage of cropland on the

farm in accordance with land diversion contracts entered into by

the Secretary with such producers. The amounts payable to

producers under land diversion contracts may be determined through

the submission of bids for such contracts by producers in such

manner as the Secretary may prescribe or through such other means

as the Secretary determines appropriate. In determining the

acceptability of contract offers, the Secretary shall take into

consideration the extent of the diversion to be undertaken by the

producers and the productivity of the acreage diverted. The

Secretary shall limit the total acreage to be diverted under

agreements in any county or local community so as not to affect

adversely the economy of the county or local community.

(C) The reduced acreage and the diverted acreage may be devoted

to wildlife food plots or wildlife habitat in conformity with

standards established by the Secretary in consultation with

wildlife agencies. The Secretary may pay an appropriate share of

the cost of practices designed to carry out the purpose of the

foregoing sentence. The Secretary may provide for an additional

payment on such acreage in an amount determined by the Secretary to

be appropriate in relation to the benefit to the general public if

the producer agrees to permit, without other compensation, access

to all or such portion of the farm, as the Secretary may prescribe,

by the general public, for hunting, trapping, fishing, and hiking,

subject to applicable State and Federal regulations.

(6) An operator of a farm desiring to participate in the program

conducted under paragraph (5) shall execute an agreement with the

Secretary providing for such participation not later than such date

as the Secretary may prescribe. The Secretary may, by mutual

agreement with the producers on the farm, terminate or modify any

such agreement if the Secretary determines such action necessary

because of an emergency created by drought or other disaster or to

prevent or alleviate a shortage in the supply of agricultural

commodities.

(7) The Secretary shall provide for the sharing of payments made

under this subsection for any farm among the producers on the farm

on a fair and equitable basis.

(8) The Secretary shall provide adequate safeguards to protect

the interests of tenants and sharecroppers.

(9) If the failure of a producer to comply fully with the terms

and conditions of the program formulated under this subsection

precludes the making of loans and payments, the Secretary may,

nevertheless, make such loans and payments in such amounts as the

Secretary determines to be equitable in relation to the seriousness

of the failure. The Secretary may authorize the county and State

committees established under section 590h(b) of title 16 to waive

or modify deadlines and other program requirements in cases in

which lateness or failure to meet such other requirements does not

affect adversely the operation of the program.

(10) The Secretary may issue such regulations as the Secretary

determines necessary to carry out the provisions of this

subsection.

(11) The Secretary shall carry out the program authorized by this

subsection through the Commodity Credit Corporation.

(12) The provisions of section 590h(g) of title 16 (relating to

assignment of payments) shall apply to payments made under this

subsection.

(13)(A) Compliance on a farm with the terms and conditions of any

other commodity program or compliance with crop acreage base

requirements for any other commodity may not be required as a

condition of eligibility for loans or payments under this section.

(B) The Secretary may not require producers on a farm, as a

condition of eligibility for loans or payments under this section

for the farm, to comply with the terms and conditions of the extra

long staple cotton program with respect to any other farm operated

by the producers.

(14) In order to encourage and assist producers in the orderly

ginning and marketing of their extra long staple cotton production,

the Secretary shall make recourse loans available to such producers

on seed cotton in accordance with authority vested in the Secretary

under the Commodity Credit Corporation Charter Act (15 U.S.C. 714

et seq.).

(15) References made in sections 1422, 1423, 1426, (FOOTNOTE 2)

1427, and 1431 of this title 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 for extra long

staple cotton under this subsection; and references to the terms

''price support'', ''price support operations'', and ''price

support program'' in such sections and in section 1421(a) of this

title shall be considered as applying as well to the loan

operations for extra long staple cotton under this subsection.

(FOOTNOTE 2) See References in Text note below.

(16) Notwithstanding any other provision of law, this subsection

shall not be applicable to the 1996 and subsequent crops of extra

long staple cotton.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 103, as added Pub. L.

85-835, title I, Sec. 102, Aug. 28, 1958, 72 Stat. 989; amended

Pub. L. 88-297, title I, Sec. 103(b), Apr. 11, 1964, 78 Stat. 174;

Pub. L. 89-112, Sec. 2, Aug. 6, 1965, 79 Stat. 447; Pub. L. 89-321,

title IV, Sec. 402(a), Nov. 3, 1965, 79 Stat. 1194; Pub. L. 89-451,

Sec. 1, June 17, 1966, 80 Stat. 202; Pub. L. 90-559, Sec. 1(2),

Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, title VI, Sec. 602,

Nov. 30, 1970, 84 Stat. 1374; Pub. L. 93-86, Sec. 1(20), Aug. 10,

1973, 87 Stat. 233; Pub. L. 93-125, Sec. 1(b), Oct. 18, 1973, 87

Stat. 450; Pub. L. 95-113, title VI, Sec. 602, Sept. 29, 1977, 91

Stat. 934; Pub. L. 95-279, title I, Sec. 102, May 15, 1978, 92

Stat. 240; Pub. L. 95-402, Sept. 30, 1978, 92 Stat. 862; Pub. L.

96-213, Sec. 4(b), Mar. 18, 1980, 94 Stat. 119; Pub. L. 96-365,

title II, Sec. 201(b), Sept. 26, 1980, 94 Stat. 1320; Pub. L.

97-98, title V, Sec. 502, Dec. 22, 1981, 95 Stat. 1234; Pub. L.

97-446, title I, Sec. 155, Jan. 12, 1983, 96 Stat. 2345; Pub. L.

98-88, Sec. 4, Aug. 26, 1983, 97 Stat. 494; Pub. L. 98-258, title

III, Sec. 301, 302, Apr. 10, 1984, 98 Stat. 133; Pub. L. 99-114,

Sec. 3, Oct. 1, 1985, 99 Stat. 488; Pub. L. 99-198, title V, Sec.

507, Dec. 23, 1985, 99 Stat. 1419; Pub. L. 99-500, Sec. 101(a)

(title VI, Sec. 644), Oct. 18, 1986, 100 Stat. 1783, 1783-36, and

Pub. L. 99-591, Sec. 101(a) (title VI, Sec. 644), Oct. 30, 1986,

100 Stat. 3341, 3341-36; Pub. L. 99-641, title II, Sec. 201, Nov.

10, 1986, 100 Stat. 3562; Pub. L. 100-203, title I, Sec. 1101(d),

Dec. 22, 1987, 101 Stat. 1330-2; Pub. L. 100-331, June 14, 1988,

102 Stat. 602; Pub. L. 100-418, title I, Sec. 1214(w), Aug. 23,

1988, 102 Stat. 1163; Pub. L. 101-624, title V, Sec. 506, Nov. 28,

1990, 104 Stat. 3440.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (d)(1), (11), (12) and

(h)(5)(A)(ii), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as

amended, known as the Agricultural Act of 1949, which is classified

principally to this chapter (Sec. 1421 et seq.). For complete

classification of this Act to the Code, see Short Title note set

out under section 1421 of this title and Tables.

The Commodity Credit Corporation Charter Act, referred to in

subsec. (h)(14), is act June 29, 1948, ch. 704, 62 Stat. 1070, as

amended, which is classified generally to subchapter II (Sec. 714

et seq.) of chapter 15 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 714 of Title 15 and Tables.

Section 1426 of this title, referred to in subsec. (h)(15), was

repealed by Pub. L. 104-127, title I, Sec. 171(b)(2)(I), Apr. 4,

1996, 110 Stat. 938.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1990 - Subsec. (h)(3)(A). Pub. L. 101-624, Sec. 506(b)(1),

substituted ''paragraph (5)(A)'' for ''paragraph (6) or paragraph

(8)(A) of this subsection'' and ''paragraph (4)'' for ''paragraph

(7) of this subsection''.

Subsec. (h)(3)(C). Pub. L. 101-624, Sec. 506(b)(2), substituted

''paragraph (5)(A)'' for ''paragraph (8)(A) of this subsection''.

Subsec. (h)(4). Pub. L. 101-624, Sec. 506(a)(1), (2),

redesignated par. (7) as (4) and struck out former par. (4) which

related to establishment of a national program acreage for extra

long staple cotton by Secretary.

Subsec. (h)(5). Pub. L. 101-624, Sec. 506(a)(1)-(3), redesignated

par. (8) as (5), inserted ''(including a zero percentage

reduction)'' after ''reduction'' in subpar. (A)(i), and struck out

former par. (5) which required Secretary to determine a program

allocation factor, not to exceed 100 per centum for each crop of

extra long staple cotton.

Pub. L. 101-624, Sec. 506(b)(3), struck out before last sentence

in subpar. (A)(i) the following: ''If an acreage limitation program

is announced under this paragraph for a crop of extra long staple

cotton, paragraphs (4), (5), and (6) of this subsection shall not

be applicable to such crop, including any prior announcement which

may have been made under such paragraphs with respect to such

crop.''

Pub. L. 101-624, Sec. 506(b)(4), substituted ''paragraph

(13)(C)'' for ''paragraph (16)(C)'' in subpar. (A)(ii).

Subsec. (h)(6). Pub. L. 101-624, Sec. 506(b)(5), substituted

''paragraph (5)'' for ''paragraph (8) of this subsection''.

Pub. L. 101-624, Sec. 506(a)(1), (2), redesignated par. (9) as

(6) and struck out former par. (6) which provided a formula for

determining individual farm program acreage for each crop of extra

long staple cotton by multiplying allocation factor by acreage of

extra long staple cotton planted for harvest on each farm for which

individual farm program acreages are required to be determined.

Subsec. (h)(7) to (12). Pub. L. 101-624, Sec. 506(a)(2),

redesignated pars. (10) to (15) as (7) to (12), respectively.

Former pars. (7) to (9) redesignated (4) to (6), respectively.

Subsec. (h)(13). Pub. L. 101-624, Sec. 506(a)(2), (4),

redesignated par. (16) as (13), struck out par. (13) as so

redesignated, and added new par. (13). Former par. (13)

redesignated (10). Prior to being struck out, par. (13) read as

follows:

''(A) Notwithstanding any other provision of law, except as

provided in subparagraph (B), compliance on a farm with the terms

and conditions of any other commodity program may not be required

as a condition of eligibility for loans or payments under this

subsection.

''(B) In the case of each of the 1989 and 1990 crops of extra

long staple cotton, the Secretary may require that, as a condition

of eligibility of producers for loans or payments under this

subsection, the acreage planted for harvest on the farm to any

other commodity for which an acreage limitation program is in

effect shall not exceed the crop acreage base established for the

farm for that commodity.

''(C) Notwithstanding any other provision of law, in the case of

each of the 1987 through 1990 crops of extra long staple cotton,

compliance with the terms and conditions of the program authorized

by this subsection may not be required as a condition of

eligibility for loans, purchases, or payments under any other

commodity program.''

Subsec. (h)(14), (15). Pub. L. 101-624, Sec. 506(a)(2),

redesignated pars. (17) and (18) as (14) and (15), respectively.

Former pars. (14) and (15) redesignated (11) and (12),

respectively.

Subsec. (h)(16). Pub. L. 101-624, Sec. 506(a)(2), (5),

redesignated par. (19) as (16) and substituted ''1996'' for

''1991''. Former par. (16) redesignated (13).

Subsec. (h)(17) to (19). Pub. L. 101-624, Sec. 506(a)(2),

redesignated pars. (17) to (19) as (14) to (16), respectively.

1988 - Subsec. (f)(3). Pub. L. 100-418 substituted ''subheadings

9904.30.10 through 9904.30.30 of chapter 99 of the Harmonized

Tariff Schedule of the United States'' for ''items 955.01 through

955.03 of the Appendix to the Tariff Schedules of the United

States''.

Subsec. (h)(8)(A). Pub. L. 100-331, Sec. 2, designated existing

provisions as cl. (i) and added cl. (ii).

Subsec. (h)(16)(C). Pub. L. 100-331, Sec. 1, substituted

''through 1990'' for ''and 1988''.

1987 - Subsec. (h)(3)(B). Pub. L. 100-203 temporarily (see

Effective and Termination Dates of 1987 Amendment note below)

substituted ''Except as provided in clause (ii), the'' for ''The''

and added cl. (ii) which read as follows: ''In the case of each of

the 1988 and 1989 crops of extra long staple cotton, the

established price for each such crop shall be 118.3 percent of the

loan level determined for such crop under paragraph (2).''

1986 - Subsec. (h)(16). Pub. L. 99-500, Pub. L. 99-591, and Pub.

L. 99-641, in generally amending par. (16) identically, designated

existing provisions as subpar. (A), inserted ''except as provided

in subparagraph (B),'' and added subpars. (B) and (C).

1985 - Subsec. (h)(2). Pub. L. 99-198, Sec. 507(1), in first

sentence substituted ''85 percent or the simple average price

received by producers of extra long staple cotton, as determined by

the Secretary, during 3 years of the 5-year period ending July 31

in the year in which the loan level is announced, excluding the

year in which the average price was the highest and the year in

which the average price was the lowest in such period.'' for ''50

per centum in excess of the loan level established for each crop of

Strict Low Middling one and one-sixteenth inch upland cotton

(micronaire 3.5 through 4.9) at average location in the United

States'', and, in last sentence substituted ''December 1'' for

''November 1'' and struck out '', or within 10 days after the loan

level for the related crop of upland cotton is announced, whichever

is later,''.

Pub. L. 99-114, Sec. 3(1), inserted '', or within 10 days after

the loan level for the related crop of upland cotton is announced,

whichever is later,''.

Subsec. (h)(4). Pub. L. 99-114, Sec. 3(2), inserted ''and

announce'' after ''The Secretary shall establish'' and struck out

sentence which had provided that national program acreage for extra

long staple cotton had to be announced by the Secretary not later

than November 1 of the calendar year preceding the year for which

such acreage was established.

Subsec. (h)(19). Pub. L. 99-198, Sec. 507(2), added par. (19).

1984 - Subsec. (g)(3)(B). Pub. L. 98-258, Sec. 301, substituted

''and $0.81 per pound for the 1984 and 1985 crops'' for ''$0.81 per

pound for the 1984 crop, and $0.86 per pound for the 1985 crop''.

Subsec. (g)(9)(A). Pub. L. 98-258, Sec. 302(1), inserted ''except

as provided in the second and third sentences of this

subparagraph,'' after ''Notwithstanding any other provision of this

subsection,''.

Pub. L. 98-258, Sec. 302(2), inserted sentences providing that

for the 1985 crop of upland cotton, if the Secretary estimates that

the quantity of upland cotton on hand in the United States on July

31, 1985 (not including any quantity of upland cotton produced in

the United States during calendar year 1985), will exceed three

million seven hundred thousand bales, the Secretary (i) shall

provide for a land division (diversion) program as described under

subparagraph (B) under which the acreage planted to upland cotton

for harvest on the farm would be limited to the acreage base for

the farm reduced by not less than 5 per centum and (ii) may provide

for an acreage limitation program as described under this

subparagraph under which the acreage planted to upland cotton for

harvest on the farm would be limited to the acreage base for the

farm reduced by not more than 20 per centum in addition to the

reduction required under clause (i), that if the Secretary

implements a combined acreage limitation program and land division

(diversion) program, any reduction required by the Secretary in

excess of 25 per centum of the acreage base for the farm shall be

made under the land diversion program, and that, as a condition of

eligibility for loans, purchases, and payments on the 1985 crop of

upland cotton, if the Secretary implements a land diversion program

or a combined acreage limitation and land diversion program, the

producers on a farm must comply with the terms and conditions of

such program.

Subsec. (g)(9)(B). Pub. L. 98-258, Sec. 302(3), inserted

sentences providing that if the Secretary implements a land

diversion program for the 1985 crop of upland cotton under the

provisions of subparagraph (A), the Secretary shall make crop

retirement and conservation payments to any producer of the 1985

crop of upland cotton whose acreage planted to upland cotton for

harvest on the farm is reduced so that it does not exceed the

upland cotton acreage base for the farm less an amount equivalent

to the percentage of the acreage base specified by the Secretary,

but not less than 5 per centum, in addition to the reduction

required under the acreage limitation program under subparagraph

(A), if any, and who devotes to approved conservation uses an

acreage of cropland equivalent to the reduction required from the

upland cotton acreage base under this subparagraph, that such

payments shall be made in an amount computed by multiplying (i) the

diversion payment rate, by (ii) the farm program payment yield for

the crop, by (iii) the acreage diverted under this subparagraph,

that the diversion payment rate shall be established by the

Secretary at not less than $0.275 per pound: Provided, That if the

Secretary estimates that the quantity of upland cotton on hand in

the United States on July 31, 1985 (not including any quantity of

upland cotton produced in the United States during calendar year

1985), will exceed (I) four million one hundred thousand bales,

such rate shall be established by the Secretary at not less than

$0.30 per pound, and (II) four million seven hundred thousand bales

such rate shall be established by the Secretary at not less than

$0.35 per pound, that the Secretary shall make not less than 50 per

centum of any payments under this subparagraph to producers of the

1985 crop as soon as practicable after a producer enters into a

land diversion contract with the Secretary and in advance of any

determination of performance, and that if a producer fails to

comply with a land diversion contract after obtaining an advance

payment under this subparagraph, the producer shall repay the

advance immediately and, in accordance with regulations issued by

the Secretary, pay interest on the advance.

1983 - Subsec. (h). Pub. L. 98-88 added subsec. (h).

Subsec. (f)(3). Pub. L. 97-446 temporarily substituted provision

relating to the special quota status of Tariff Schedule items

955.01 and 955.03 before a special quota established under this

subsection is filled and the cotton in question is duty free, for

provision that, notwithstanding any other provision of law, the

foregoing provisions of this subsection with respect to extension

of the loan period and to proclamation of the special quota was to

become effective Oct. 1, 1977, even though the cotton might have

been of a crop prior to the 1978 crop. See Effective and

Termination Dates of 1983 Amendment note below.

1981 - Subsec. (g). Pub. L. 97-98 temporarily added subsec. (g).

See Effective and Termination Dates of 1981 Amendment note below.

1980 - Subsec. (f)(5)(A). Pub. L. 96-365, Sec. 201(b)(1),

substituted ''Except as otherwise provided in subparagraph (C) of

this paragraph, effective with respect to the 1978 through 1981

crops of upland cotton'' for ''Effective only with respect to the

1978, 1979, and 1980 crops of upland cotton''.

Pub. L. 96-213, Sec. 4(b)(1), substituted ''1978, 1979, and 1980

crops of upland cotton'' for ''1978 and 1979 crops of upland

cotton''.

Subsec. (f)(5)(B). Pub. L. 96-365, Sec. 201(b)(2), substituted

''Except as otherwise provided in subparagraph (C) of this

paragraph, effective with respect to the 1978 through 1981 crops of

upland cotton'' for ''Effective only with respect to the 1978,

1979, and 1980 crops of upland cotton''.

Pub. L. 96-213, Sec. 4(b)(2), substituted ''1978, 1979, and 1980

crops of upland cotton'' for ''1978 and 1979 crops of upland

cotton''.

Subsec. (f)(5)(C). Pub. L. 96-365, Sec. 201(b)(3), added subpar.

(C).

1978 - Subsec. (f)(1). Pub. L. 95-402 purported to strike out the

fourth sentence of subsec. (f)(1). The enacting clause, however,

stated that Pub. L. 95-402 was enacted to amend subsec. (f)(1) ''.

. . to ensure that the interest rates on price support loans for

upland cotton are not less favorable to producers than the interest

rates for such loans on other commodities''. Accordingly, the

third sentence of subsec. (f)(1) was struck out as the probable

intent of Congress because it related to interest rates while the

fourth sentence related to extension of the loan period and

establishment of a special limited global import quota.

Pub. L. 95-279 temporarily substituted ''during three years of

the five-year period ending July 31'' for ''during the four-year

period ending July 31'' and inserted ''excluding the year in which

the average price was the highest and the year in which the average

price was the lowest in such period'' in cl. (i), substituted ''for

the fifteen-week period beginning July 1'' for ''for the first two

full weeks of October'' in cl. (ii), and inserted proviso relating

to the minimum loan level and the power of the Secretary to raise

the loan level as he may deem appropriate when the average Northern

European price is less than the average United States spot market

price. See Effective and Termination Dates of 1978 Amendment note

below.

1977 - Subsec. (f). Pub. L. 95-113 temporarily added subsec. (f).

See Effective and Termination Dates of 1977 Amendment note below.

1973 - Subsec. (e)(1). Pub. L. 93-86, Sec. 1(20)(A), (B),

substituted ''1971 through 1977 crops of upland cotton'' for

''1971, 1972, and 1973 crops of upland cotton'', ''three-year

period'' for ''two-year period'' in two places, ''except that if

the loan rate so calculated is higher than the then current level

of average world prices for American cotton of such quality, the

Secretary is authorized to adjust the current calculated loan rate

for cotton to 90 per centum of the then current average world

price'' for ''except that to prevent the establishment of such a

loan level as would adversely affect the competitive position of

United States upland cotton, following one or more years of

excessively high prices the Secretary shall make such adjustments

as are necessary to keep United States upland cotton competitive

and to retain an adequate share of the world market for such

cotton'', ''average price of American cotton in world markets'' for

''acreage world price'', and ''any of the 1972 through 1977 crops''

for ''the 1972 or 1973 crop''.

Subsec. (e)(2). Pub. L. 93-86, Sec. 1(20)(C), substituted

provisions setting out the formula for determining payments for

each crop of cotton to the producers on each farm using, as

elements of such formula, the average market price received by

farmers for upland cotton during the calendar year which includes

the first five months of the marketing year for such crop, as

determined by the Secretary, the loan level determined under

paragraph (1) for such crop, an established price of 38 cents per

pound in the case of the 1974 and 1975 crops, adjusted prices in

the case of the 1976 and 1977 crops, adjustment of increases to

reflect changes in the national average yield per acre of cotton

for the three calendar years preceding the year for which the

determination is made over the national average yield per acre of

cotton for the three calendar years preceding the year previous to

the one for which the determination is made, and covering

prevention of planting due to natural disasters and conditions for

provisions authorizing payments by the Secretary to cooperators on

the 1971, 1972, and 1973 crops of upland cotton, and struck out

provisions directing preliminary payments to producers as soon as

practicable after July 1 of the year in which the crop is harvested

at a rate equal to 15 cents per pound.

Pub. L. 93-125 substituted ''prevented from planting any

portion'' for ''prevented from planting, any portion''.

Subsec. (e)(4)(A). Pub. L. 93-86, Sec. 1(20)(D)-(F), inserted '',

if required by the Secretary,'' before ''(ii) the acreage of

cropland on the farm devoted in preceding years to soil conserving

uses, as determined by the Secretary'', substituted ''The Secretary

is authorized for the 1974 through 1977 crops to limit the acreage

planted to upland cotton on the farm in excess of the farm base

acreage allotment to a percentage of the farm base acreage

allotment'' for ''If the Secretary determines prior to the planting

season for such crop that the carryover of upland cotton as of the

beginning of the marketing year for the 1972 or 1973 crop will

exceed 7.2 million bales, the Secretary is authorized for such crop

to limit the acreage planted to upland cotton on the farm in excess

of the farm base acreage allotment to such percentage of the farm

base acreage allotment as he determines necessary to reduce the

total supply to a reasonable level'', deleted provision prohibiting

grazing during any of the five principal months of the normal

growing season as determined by the county committee established

pursuant to section 590h(b) of Title 16, and inserted provisions

authorizing the raising of hay on set-aside acreage and the

production of triticale, oats, and rye.

Subsec. (e)(5). Pub. L. 93-86, Sec. 1(20)(G), authorized

Secretary in case of programs for 1974 through 1977 crops to pay an

appropriate share of cost of practices designed to protect

set-aside acreage from erosion, insects, weeds, and rodents and to

provide wildlife food plots or wildlife habitat.

1970 - Subsec. (e). Pub. L. 91-524 added subsec. (e).

1968 - Subsec. (d)(1). Pub. L. 90-559 provided for a one year

extension, substituting ''1966 through 1970'' for ''1966, 1967,

1968, and 1969''.

1966 - Subsec. (d)(3). Pub. L. 89-451 substituted ''crop for

which there are marketing quotas or voluntary adjustment programs

in effect'' for ''income producing crop in such year'' in last

sentence.

1965 - Subsec. (b). Pub. L. 89-112 provided that the Secretary

shall deem an acreage on a farm which he finds was not planted to

cotton in 1965 because of flood, drought, or other natural disaster

to be an actual acreage of cotton planted on the farm for harvest

when that acreage was not subsequently devoted to any price support

crop in 1965.

Subsec. (d). Pub. L. 89-321 added subsec. (d).

1964 - Subsec. (a). Pub. L. 88-297, Sec. 103(b)(1), (2),

designated existing provisions as subsec. (a) and provided that the

price support for the 1964 cotton crop shall be a national average

support price which reflects 30 cents per pound for Middling

one-inch cotton.

Subsecs. (b), (c). Pub. L. 88-297, Sec. 103(b)(3), added subsecs.

(b) and (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as a note under

section 3001 of Title 19, Customs Duties.

EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENT

Section 1101(d) of Pub. L. 100-203 provided that the amendment

made by that section is effective only for 1988 and 1989 crops of

extra long staple cotton.

EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENTS

Section 4 of Pub. L. 98-88 provided that the amendment made by

that section is effective beginning with 1984 crop of extra long

staple cotton.

Section 155 of Pub. L. 97-446 provided that the amendment made by

that section is effective for 1982 through 1985 crops of upland

cotton.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 502 of Pub. L. 97-98 provided that the amendment made by

that section is effective only for 1982 through 1985 crops of

upland cotton.

EFFECTIVE AND TERMINATION DATES OF 1978 AMENDMENT

Section 102 of Pub. L. 95-279 provided that the amendment made by

that section is effective only with respect to 1978 through 1981

crops of upland cotton.

Amendment by Pub. L. 95-279 effective Oct. 1, 1978, and

applicability to elections by producers receiving loans and

payments prior to such date, see section 103 of Pub. L. 95-279, set

out as a note under section 1309 of this title.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Section 602 of Pub. L. 95-113 provided that the amendment made by

that section is effective only with respect to 1978 through 1981

crops of upland cotton, except as otherwise provided therein.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 1(20)(C) of Pub. L. 93-86 provided that the amendment

made by that section is effective beginning with 1974 crop.

Section 1(20)(D) of Pub. L. 93-86 provided that the amendment

made by that section, authorizing Secretary for 1974 through 1977

crops to limit acreage planted in upland cotton on farm in excess

of farm base acreage allotment to a percentage of farm base acreage

allotment, is effective beginning with 1974 crop.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 602 of Pub. L. 91-524 provided that the amendment made by

that section is effective beginning with 1971 crop of upland

cotton.

INAPPLICABILITY OF SECTION

Subsection (a) of this section inapplicable to 2002 through 2007

crops of covered commodities, peanuts, and sugar and inapplicable

to milk during period beginning May 13, 2002, through Dec. 31,

2007, see section 7992(b)(2) of this title.

Subsec. (a) of this section inapplicable to 1996 through 2002

crops of loan commodities, peanuts, and sugar and inapplicable to

milk during period beginning Apr. 4, 1996, and ending Dec. 31,

2002, see section 7301(b)(1)(B) of this title.

Pub. L. 101-624, title V, Sec. 503, Nov. 28, 1990, 104 Stat.

3440, provided that: ''Section 103(a) of the Agricultural Act of

1949 (7 U.S.C. 1444(a)) shall not be applicable to the 1991 through

1995 crops.''

Pub. L. 99-198, title V, Sec. 504, Dec. 23, 1985, 99 Stat. 1418,

provided that: ''Sections 103(a) and 203 of the Agricultural Act of

1949 (7 U.S.C. 1444(a) and 1446d) shall not be applicable to the

1986 through 1990 crops.''

Pub. L. 97-98, title V, Sec. 504, Dec. 22, 1981, 95 Stat. 1241,

provided that: ''Sections 103(a) and 203 of the Agricultural Act of

1949 (sections 1444(a) and 1446d of this title) shall not be

applicable to the 1982 through 1985 crops.''

Pub. L. 95-113, title VI, Sec. 604(c), Sept. 29, 1977, 91 Stat.

939, provided that: ''Sections 103(a) and 203 of the Agricultural

Act of 1949, as amended (sections 1444(a) and 1446d of this title)

shall not be applicable to the 1978 through 1981 crops.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1344, 1348, 1349, 1350,

1377, 1428, 7301, 7992 of this title.

-CITE-

7 USC Sec. 1444-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444-1. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 103A, as added

Dec. 23, 1985, Pub. L. 99-198, title V, Sec. 501, 99 Stat. 1407;

amended Mar. 20, 1986, Pub. L. 99-260, Sec. 2(c), 100 Stat. 46; May

27, 1987, Pub. L. 100-45, Sec. 4, 101 Stat. 319; Dec. 22, 1987,

Pub. L. 100-203, title I, Sec. 1101(c), 1102(c), 1113(c), 101 Stat.

1330-1, 1330-3, 1330-9, related to loan rates, target prices,

disaster payments, acreage limitation program, and land diversion.

See Effective and Termination Dates note below.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 501 of Pub. L. 99-198 provided that this section is

effective only for 1986 through 1990 crops of upland cotton.

-CITE-

7 USC Sec. 1444-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444-2. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(B),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 103B, as added

Nov. 28, 1990, Pub. L. 101-624, title V, Sec. 501, 104 Stat. 3421;

amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(c), 104

Stat. 1388-1; Dec. 13, 1991, Pub. L. 102-237, title I, Sec. 102(b),

106(b), 107, 113(2), (3), 125, 126, 105 Stat. 1821, 1825, 1827,

1837, 1845; Aug. 10, 1993, Pub. L. 103-66, title I, Sec. 1101(a),

107 Stat. 313; May 6, 1994, Pub. L. 103-247, Sec. 1(a), 108 Stat.

618; Oct. 13, 1994, Pub. L. 103-354, title I, Sec. 119(a)(3), 108

Stat. 3207; Dec. 8, 1994, Pub. L. 103-465, title IV, Sec.

401(b)(2), 108 Stat. 4957; Aug. 20, 1996, Pub. L. 104-188, title I,

Sec. 1954(b)(5), 110 Stat. 1928, related to loans, payments, and

acreage reduction programs for 1991 through 1997 crops of upland

cotton.

-CITE-

7 USC Sec. 1444a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444a. Corn and feed grains and cotton programs

-STATUTE-

(a) Referendum of 1958 corn producers

Not later than December 15, 1958, the Secretary shall conduct a

referendum of producers of corn in 1958 in the commercial

corn-producing area for 1958 to determine whether such producers

favor a price support program as provided in subsection (b) of this

section for the 1959 and subsequent crops in lieu of acreage

allotments as provided in the Agricultural Adjustment Act of 1938,

as amended (7 U.S.C. 1281 et seq.), and price support as provided

in section 1441 of this title.

(b) Operative status of certain provisions

Notwithstanding any other provision of law, if less than a

majority of the producers voting in the referendum conducted

pursuant to subsection (a) of this section favor a price support

program as provided in this subsection (b), the following

provisions of law shall become inoperative:

(1) (Section enacted section 1329a of this title.)

(2) (Section enacted section 1444b of this title.)

(3) (Section repealed section 1441(d)(4) of this title.)

(c) Cotton research program

The Secretary of Agriculture is hereby authorized and directed to

conduct a special cotton research program designed to reduce the

cost of producing upland cotton in the United States at the

earliest practicable date. There are hereby authorized to be

appropriated such sums, not to exceed $10,000,000 annually, as may

be necessary for the Secretary to carry out this special research

program. The Secretary shall report annually to the Committee on

Agriculture of the House of Representatives and to the Committee on

Agriculture, Nutrition, and Forestry of the Senate with respect to

the results of such research.

(d) Cotton insect eradication

In order to reduce cotton production costs, to prevent the

movement of certain cotton plant insects to areas not now infested,

and to enhance the quality of the environment, the Secretary is

authorized and directed to carry out programs to destroy and

eliminate cotton boll weevils in infested areas of the United

States as provided herein and to carry out similar programs with

respect to pink bollworms or any other major cotton insect if the

Secretary determines that methods and systems have been developed

to the point that success in eradication of such insects is

assured. The Secretary shall carry out the eradication programs

authorized by this subsection through the Commodity Credit

Corporation. In carrying out insect eradication projects, the

Secretary shall utilize the technical and related services of

appropriate Federal, State, private agencies, and cotton

organizations. Producers and landowners in an eradication zone,

established by the Secretary, who are receiving benefits from any

program administered by the United States Department of

Agriculture, shall, as a condition of receiving or continuing any

such benefits, participate in and cooperate with the eradication

project, as specified in regulations of the Secretary.

The Secretary may issue such regulations as he deems necessary to

enforce the provisions of this subsection with respect to achieving

the compliance of producers and landowners who are not receiving

benefits from any program administered by the United States

Department of Agriculture. Any person who knowingly violates any

such regulation promulgated by the Secretary under this subsection

may be assessed a civil penalty of not to exceed $5,000 for each

offense. No civil penalty shall be assessed unless the person

shall have been given notice and opportunity for a hearing on such

charge in the county, parish, or incorporated city of the residence

of the person charged. In determining the amount of the penalty

the Secretary shall consider the appropriateness of such penalty to

the size of the business of the person charged, the effect on the

person's ability to continue in business, and the gravity of the

violation. Where special measures deemed essential to achievement

of the eradication objective are taken by the project and result in

a loss of production and income to the producer, the Secretary

shall provide reasonable and equitable indemnification from funds

available for the project and also provide for appropriate

protection of the allotment, acreage history, and average yield for

the farm. The cost of the program in each eradication zone shall

be determined, and cotton producers in the zone shall be required

to pay up to one-half thereof, with the exact share in each zone

area to be specified by the Secretary upon his finding that such

share is reasonable and equitable based on population levels of the

target insect and the degree of control measures normally

required. Each producer's pro rata share shall be deducted from

his cotton payment under this Act or otherwise collected, as

provided in regulations of the Secretary. Insofar as practicable,

cotton producers and other persons engaged in cotton production in

the eradication zone shall be employed to participate in the work

of the project in such zone. Funding of the program shall be

terminated at such time as the Secretary determines and reports to

the Congress that complete eradication of the insects for which

programs are undertaken pursuant to this subsection has been

accomplished. Funds in custody of agencies carrying out the

program shall, upon termination of such program, be accounted for

to the Secretary for appropriate disposition.

The Secretary is authorized to cooperate with the Government of

Mexico in carrying out operations or measures in Mexico which he

deems necessary and feasible to prevent the movement into the

United States from Mexico of any insects eradicated under the

provisions of this subsection. The measure and character of

cooperation carried out under this subsection on the part of the

United States and on the part of the Government of Mexico,

including the expenditure or use of funds made available by the

Secretary under this subsection, shall be such as may be prescribed

by the Secretary. Arrangements for the cooperations authorized by

this subsection shall be made through and in consultation with the

Secretary of State. The Commodity Credit Corporation shall not make

any expenditures for carrying out the purposes of this subsection

unless the Corporation has received funds to cover such

expenditures from appropriations made to carry out the purposes of

this subsection. There are hereby authorized to be appropriated to

the Commodity Credit Corporation such sums as the Congress may from

time to time determine to be necessary to carry out the purposes of

this subsection.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 104, as added Pub. L.

85-835, title II, Sec. 201, Aug. 28, 1958, 72 Stat. 993; amended

Pub. L. 88-297, title I, Sec. 103(a), Apr. 11, 1964, 78 Stat. 174;

Pub. L. 91-524, title VI, Sec. 611, Nov. 30, 1970, as added Pub. L.

93-86, Sec. 1(24), Aug. 10, 1973, 87 Stat. 235; Pub. L. 103-437,

Sec. 4(a)(6), Nov. 2, 1994, 108 Stat. 4581.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Adjustment Act of 1938, as amended, referred to

in subsec. (a), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as

amended, which is classified principally to chapter 35 (Sec. 1281

et seq.) of this title. For complete classification of this Act to

the Code, see section 1281 of this title and Tables.

This Act, referred to in subsec. (d), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-COD-

CODIFICATION

Subsec. (b)(1) of this section, as added by section 201 of Pub.

L. 85-835, enacted section 330 of Agricultural Adjustment Act of

1938, which is classified as section 1329a of this title.

Subsec. (b)(2) of this section, as added by section 201 of Pub.

L. 85-835, enacted section 105 of Agricultural Act of 1949, which

is classified as section 1444b of this title.

Subsec. (b)(3) of this section, as added by section 201 of Pub.

L. 85-835, repealed section 101(d)(4) of Agricultural Act of 1949,

and was executed to text in the repeal of section 1441(d)(4) of

this title.

-MISC3-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Committee on

Agriculture, Nutrition, and Forestry'' for ''Committee on

Agriculture and Forestry''.

1973 - Subsec. (d). Pub. L. 91-524, Sec. 611, as added Pub. L.

93-86, Sec. 1(24), added subsec. (d).

1964 - Subsec. (c). Pub. L. 88-297 added subsec. (c).

1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM;

OPERATIVE STATUS OF CERTAIN PROVISIONS

Corn producers voted for adoption of price support program as

provided in subsec. (b) of this section (254,262) rather than

alternative corn acreage allotment and price support program

(102,907), the ballot making operative sections 1329a and 1444b and

repeal of section 1441(d)(4) of this title.

-CITE-

7 USC Sec. 1444b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444b. Feed grains; price support program

-STATUTE-

(a) Notwithstanding the provisions of section 1441 of this title,

beginning with the 1964 crop, price support shall be made available

to producers for each crop of corn at such level, not less than 50

per centum or more than 90 per centum of the parity price therefor,

as the Secretary determines will not result in increasing Commodity

Credit Corporation stocks of corn: Provided, That in the case of

any crop for which an acreage diversion program is in effect for

feed grains, the level of price support for corn of such crop shall

be at such level not less than 65 per centum or more than 90 per

centum of the parity price therefor as the Secretary determines

necessary to achieve the acreage reduction goal established by him

for the crop.

(b) Beginning with the 1959 crop, price support shall be made

available to producers for each crop of oats, rye, barley, and

grain sorghums at such level of the parity price therefor as the

Secretary of Agriculture determines is fair and reasonable in

relation to the level at which price support is made available for

corn, taking into consideration the feeding value of such commodity

in relation to corn, and the other factors set forth in section

1421(b) of this title.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 105, as added Oct. 31, 1949,

ch. 792, title I, Sec. 104(b)(2), as added Pub. L. 85-835, title

II, Sec. 201, Aug. 28, 1958, 72 Stat. 994; amended Pub. L. 87-5,

Sec. 1, Mar. 22, 1961, 75 Stat. 6; Pub. L. 87-128, title I, Sec.

131, Aug. 8, 1961, 75 Stat. 301; Pub. L. 87-425, Sec. 1, Mar. 30,

1962, 76 Stat. 50; Pub. L. 87-703, title III, Sec. 301, 305, Sept.

27, 1962, 76 Stat. 612, 614; Pub. L. 88-26, Sec. 2, May 20, 1963,

77 Stat. 44; Pub. L. 89-112, Sec. 1, Aug. 6, 1965, 79 Stat. 446;

Pub. L. 89-321, title III, Sec. 301, Nov. 3, 1965, 79 Stat. 1188;

Pub. L. 89-451, Sec. 2, June 17, 1966, 80 Stat. 202; Pub. L.

89-321, title III, Sec. 301, Nov. 3, 1965, as amended Pub. L.

90-559, Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524,

title V, Sec. 501, Nov. 30, 1970, 84 Stat. 1368; Pub. L. 91-524,

title V, Sec. 501, Nov. 30, 1970, as amended Pub. L. 93-86, Sec.

1(18), Aug. 10, 1973, 87 Stat. 230; Pub. L. 93-86, Sec. 1(18), Aug.

10, 1973, 87 Stat. 230; Pub. L. 93-86, Sec. 1(18), Aug. 10, 1973,

as amended Pub. L. 93-125, Sec. 1(d), Oct. 18, 1973, 87 Stat. 450;

Pub. L. 93-228, Sec. 1(b), Dec. 29, 1973, 87 Stat. 944.)

-COD-

CODIFICATION

Pub. L. 91-524, as amended by Pub. L. 93-86, amended section

generally by substantially revising subsecs. (a) to (e) and

enacting subsecs. (f) to (i), effective only through the 1977 crops

of feed grains. See 1970 and 1973 Amendment notes and Effective

and Termination Dates of 1970 and 1973 Amendment notes below.

Prior to such amendment by Pub. L. 91-524 and Pub. L. 93-86,

subsec. (c) was applicable only to the 1961 to 1963 crops of feed

grains, subsec. (d) was applicable only to the 1964 and 1965 crops

of feed grains, and subsec. (e) was applicable only to the 1966

through 1970 crops of feed grains.

-MISC3-

AMENDMENTS

1973 - Pub. L. 93-228 amended feed grains program for 1974

through 1977, as described below.

Pub. L. 93-125 amended feed grain loan and purchases price

support program for 1974 through 1977, as described below.

Pub. L. 93-86 temporarily enacted feed grain loans and purchases

price support program for 1974 through 1977, as described below.

See Effective and Termination Dates of 1973 Amendment note below.

Pub. L. 91-524, Sec. 501, as amended Pub. L. 93-86, Sec.

1(18)(A), reenacted introductory text without change.

Subsec. (a)(1). Pub. L. 91-524, Sec. 501, as amended Pub. L.

93-86, Sec. 1(18)(A), increased minimum corn crop support level

from $1.00 to $1.10 per bushel.

Subsec. (a)(2). Pub. L. 91-524, Sec. 501, as amended Pub. L.

93-36, Sec. 1(18)(A), reenacted par. (2) provisions without change.

Subsec. (b)(1). Pub. L. 91-524, Sec. 501, as amended Pub. L.

93-86, Sec. 1(18)(B), added par. (1). Former par. (1) related to

subject matter as described in 1970 Amendment note for subsec.

(b)(1) of this section.

Subsec. (b)(1) last sentence. Pub. L. 93-228 substituted ''(or

of wheat, or cotton planted in lieu of the allotted crop)'' for

''(or other nonconserving crop planted instead of feed grains)''.

Subsec. (b)(2). Pub. L. 91-524, Sec. 501, as amended Pub. L.

93-86, Sec. 1(18)(B), added par. (2). Former par. (2) made payments

with respect to a farm available on 50 per centum of the feed grain

base for the farm and for computation of the payments on the basis

of the yield established for the farm for the preceding crop with

such adjustments as the Secretary determines necessary to provide a

fair and equitable yield.

Subsec. (b)(3). Pub. L. 91-524, Sec. 501, as amended Pub. L.

93-86, Sec. 1(18)(B), substituted in: first sentence, ''the feed

grain allotment for the farm, the feed grain allotment for the farm

for the succeeding crops shall be reduced by the percentage by

which the planted acreage is less than the feed grain allotment for

the farm, but such reduction shall not exceed 20 per centum of the

feed grain allotment'' for ''the portion of the feed grain base for

the farm on which payments are available under this subsection, the

feed grain base for the farm for the succeeding crops shall be

reduced by the percentage by which the planted acreage is less than

such portion of the feed grain base for the farm, but such

reduction shall not exceed 20 per centum of the feed grain base'';

second sentence, including proviso, ''feed grain allotment'' for

''feed grain base''; third sentence, ''feed grain allotments'' for

''feed grain bases''; fourth sentence, ''90 per centum of the feed

grain allotment'' for ''90 per centum of the portion of the feed

grain base on which payments are made available'' and ''100 per

centum of such allotment'' for ''100 per centum of such portion'';

and sixth sentence ''effective operation of the program'' for

''effective operation of the feed grain or soybean program''; and

authorized acreage devoted to guar, castor beans, cotton,

triticale, oats, rye, or such other crops as the Secretary may deem

appropriate, to be considered as feed grain acreage.

Subsec. (c)(1) second sentence. Pub. L. 93-86, Sec. 1(18)(D),

formerly Sec. 1(18)(C (second)), renumbered by Pub. L. 93-125, Sec.

1(d)(ii), substituted in item (i) ''feed grain allotment'' for

''feed grain base'', inserted preceding item (ii) '', if required

by the Secretary'', and substituted in item (ii) ''soil conserving

uses'' for ''soil-conserving uses''.

Subsec. (c)(1) third sentence. Pub. L. 93-86, Sec. 1(18)(E),

formerly Sec. 1(18)(D), renumbered by Pub. L. 93-125, Sec.

1(d)(ii), substituted ''The Secretary is authorized for the 1974

through 1977 crops to limit the acreage planted to feed grains on

the farm to a percentage of the farm acreage allotment.'' for ''The

Secretary is authorized for the 1971, 1972, and 1973 crops to limit

the acreage planted to feed grains on the farm to such percentage

of the feed grain base as he determines necessary to provide an

orderly transition to the program provided for under this

section.''

Subsec. (c)(1) fifth sentence. Pub. L. 93-86, Sec. 1(18)(D),

formerly Sec. 1(18)(C (second)), renumbered by Pub. L. 93-125, Sec.

1(d)(ii), substituted ''1971 through 1977'' for ''1971, 1972,

1973''.

Subsec. (c)(1) last sentence. Pub. L. 93-86, Sec. 1(18)(C), as

amended Pub. L. 93-125, Sec. 1(d)(i), authorized set-aside acreage

to be devoted to hay and production of triticale, oats, and rye,

and deleted item (1) and (2) designation of existing provisions,

and former introductory text reading ''Grazing shall not be

permitted during any of the five principal months of the normal

growing season as determined by the county committee established

pursuant to section 590h(b) of title 16, and subject to this

limitation'', and provided for such provisions as run-in rather

than new-paragraph text.

Subsec. (c)(3). Pub. L. 93-86, Sec. 1(18)(G), formerly Sec.

1(18)(F), renumbered by Pub. L. 93-125, Sec. 1(d)(ii), inserted

after provision for devotion of set-aside acreage and diverted

acreage to wildlife food plots or wildlife habitat the sentence

''The Secretary may, in the case of programs for the 1974 through

1977 crops, pay an appropriate share of the cost of practices

designed to carry out the purposes of the foregoing sentences.''

Subsec. (e)(1). Pub. L. 93-86, Sec. 1(18)(F), formerly Sec.

1(18)(E), renumbered by Pub. L. 93-125, Sec. 1(d)(ii), struck out

provision reading ''For the purpose of this section, the feed grain

base shall be the average acreage devoted on the farm to corn,

grain sorghums and, if designated by the Secretary, barley in 1959

and 1960.''

Subsec. (e)(2). Pub. L. 93-86, Sec. 1(18)(F), formerly Sec.

1(18)(E), renumbered by Pub. L. 93-125, Sec. 1(d)(ii), substituted

''farm grain allotments'' for ''farm grain bases'' wherever

appearing.

Subsec. (e)(3). Pub. L. 93-86, Sec. 1(18)(F), formerly Sec.

1(18)(E), renumbered by Pub. L. 93-125, Sec. 1(d)(ii), struck out

provisions respecting reservation for farms in a State for any year

for apportionment to farms without 1959 and 1960 acreage,

apportionment factors, prohibition against reflection of new

cropland by such reserved allocation, and consideration of farm

feed grain base as farm feed grain acreage for 1959 and 1960 crop

years.

Subsec. (g). Pub. L. 93-86, Sec. 1(18)(F), formerly Sec.

1(18)(E), renumbered by Pub. L. 93-125, Sec. 1(d)(ii), struck out

provisions for preliminary payments, time and rate of payment, and

reduction of preliminary payment rate.

1970 - Pub. L. 91-524 temporarily enacted feed grains loans and

purchases price support program for 1971, 1972, and 1973, as

described below. See Effective and Termination Dates of 1970

Amendment note below.

Pub. L. 91-524 substituted as introductory text ''Notwithstanding

any other provision of law'' for former subsec. (a) introductory

text ''Notwithstanding the provisions of section 1441 of this

title''.

Subsec. (a)(1). Pub. L. 91-524 substituted par. (1) provisions

making loans and purchases available on corn crop at such level,

not less than $1.00 per bushel nor in excess of 90 per centum of

the parity price therefor, as the Secretary determines will

encourage exportation of feed grains and not result in excessive

total stocks of feed grains in the United States for former subsec.

(a) provisions for such corn price support level, beginning with

1964 crop, not less than 50 per centum or more than 90 per centum

of the parity price therefor, as the Secretary determines will not

result in increasing Commodity Credit Corporation stocks of corn,

including proviso for such corn price support level, in the case of

any crop for which an acreage diversion program is in effect for

feed grains, not less than 65 per centum or more than 90 per centum

of the parity price therefor as the Secretary determines necessary

to achieve the acreage reduction goal established by him for the

crop.

Subsec. (a)(2). Pub. L. 91-524 substituted par. (2) provisions

making loans and purchases available on each crop of barley, oats,

and rye, at such level as the Secretary determines is fair and

reasonable in relation to the level that loans and purchases are

made available for corn, taking into consideration the feeding

value of such commodity in relation to corn and other factors

specified in section 1421(b) of this title, and on each crop of

grain sorghums at such level as the Secretary determines is fair

and reasonable in relation to the level that loans and purchases

are made available for corn, taking into consideration the feeding

value and average transportation costs to market of grain sorghums

in relation to corn for former subsec. (b) provisions for such

price support level on each crop of oats, rye, barley, and grain

sorghums, beginning with the 1959 crop, at such level of the parity

price therefor as the Secretary of Agriculture determines is fair

and reasonable in relation to the level at which price support is

made available for corn, taking into consideration the feeding

value of such commodity in relation to corn, and the other factors

set forth in section 1421(b) of this title.

Subsec. (b)(1). Pub. L. 91-524 made payments available for crops

of corn, grain sorghums, and barley; prescribed as payment rate for

corn such rate as, together with the national average market price

received by farmers during first five months of the marketing year

for the crop would not be less than (A) $1.35 per bushel, or (B) 70

per centum of the parity price of corn as of the beginning of the

marketing year, whichever was the greater; prescribed as payment

rate for grain sorghums and barley such rate as was fair and

reasonable in relation to the rate at which payments were made

available for corn; and prescribed rate of payment for 1973 crop

would not be such as would result in a total amount of payments

which Secretary estimated would be made pursuant to this subsection

with respect to 1973 crop of feed grains above total amount of

payments made pursuant to this subsection with respect to 1972 crop

of feed grains by reason of level specified in clause (B) being

fixed above 68 per centum of the parity price for the corn.

Subsec. (b)(2). Pub. L. 91-524 made payments with respect to a

farm available on 50 per centum of the feed grain base for the farm

and for computation of the payments on the basis of the yield

established for the farm for the preceding crop with such

adjustments as the Secretary determines necessary to provide a fair

and equitable yield.

Subsec. (b)(3). Pub. L. 91-524 added par. (3).

Former subsec. (b) provided that ''Beginning with the 1959 crop,

price support shall be made available to producers for each crop of

oats, rye, barley, and grain sorghums at such level of the parity

price therefor as the Secretary of Agriculture determines is fair

and reasonable in relation to the level at which price support is

made available for corn, taking into consideration the feeding

value of such commodity in relation to corn, and the other factors

set forth in section 1421(b) of this title,'' and is now

incorporated in subsec. (a)(2) of this section.

Subsec. (c)(1). Pub. L. 91-524 required cropland setaside, taking

into consideration excessive stocks and adequate carryover, and

provided for conservation uses acreage, crop year feed grain

acreage limitation, ''feed grains'' for consideration of wheat as

feed grain acreage, consideration of section 1339c feed grains

diversion program, grazing restriction, and authorization of

set-aside acreage for grazing and production of other commodities.

Subsec. (c)(2). Pub. L. 91-524 provided for land diversion

payments for conservation uses acreage and for conservation uses

acreage limitation.

Subsec. (c)(3). Pub. L. 91-524 required protective measures and

provided for wildlife use standards and additional payments for

public use.

Subsec. (c)(4). Pub. L. 91-524 provided for filing of

participation agreement of farm operators, soil conserving uses

acreage requirement, and mutual termination of agreement because of

emergencies or limited supplies.

Subsec. (c)(5), (6). Pub. L. 91-524 struck out pars. (5) and (6)

which related to price support for 1963 crop of corn and to

eligibility for price support on 1963 crop of corn, grain sorghums,

and barley.

Subsec. (d). Pub. L. 91-524 redesignated ninth sentence of former

subsec. (e) as (d) and substituted ''sharing of payments under this

section among producers on the farm on a fair and equitable basis''

for ''sharing of such certificates among producers on the farm on

the basis of their respective shares in the feed grain crop

produced on the farm, or the proceeds therefrom, except that in any

case in which the Secretary determines that such basis would not be

fair and equitable, the Secretary shall provide for such sharing on

such other basis as he may determine to be fair and equitable''.

Subsec. (e). Pub. L. 91-524 added subsec. (e).

Subsec. (f). Pub. L. 91-524 redesignated last sentence of former

subsec. (e) as (f) and substituted ''under this section precludes

the making of loans, purchases, and payments'' and ''make such

loans, purchases, and payments'' for ''under this subsection (e)

and subsection (e) of this section preclude the making of

payments-in-kind'' and ''make such payments-in-kind''.

Subsecs. (g) to (i). Pub. L. 91-524 added subsecs. (g) to (i).

1968 - Pub. L. 90-559 amended feed grains price support program

for 1966 through 1969, extending such program through 1970.

Subsec. (e). Pub. L. 89-321, as amended Pub. L. 90-559,

substituted ''1970'' for ''1969'' in provision of text ''1966

through 1970 crops of feed grains''.

1966 - Pub. L. 89-451 amended feed grains price support program

for 1966 through 1969.

Subsec. (e). Pub. L. 89-451 substituted ''planted to any other

crop for which there are marketing quotas or voluntary adjustment

programs in effect'' for ''planted to any other income-producing

crop during such year'' in sixth sentence.

1965 - Pub. L. 89-321 enacted feed grains price support program

for 1966 through 1969.

Pub. L. 89-112 amended feed grains price support program for

1965.

Subsec. (d). Pub. L. 89-112 inserted eleventh sentence ''An

acreage on the farm which the Secretary finds was not planted to

feed grains in 1965 because of flood, drought, or other natural

disaster shall be deemed by the Secretary to be an actual acreage

of feed grains planted on the farm for harvest for purposes of this

subsection, provided such acreage is not subsequently devoted to

any price supported crop for 1965.''

Subsec. (e). Pub. L. 89-321, in adding subsec. (e), enacted feed

grains price support program for 1966 through 1969.

Subsec. (e) first sentence. Pub. L. 89-321 required as a

condition of eligibility for price support for 1966 through 1969

crops of feed grains on crop of feed grains included in any acreage

diversion program under section 590p(i) of Title 16, participation

of producer in the diversion program to the extent prescribed by

the Secretary, and as a condition of eligibility for such price

support if a diversion program was not in effect for 1966 through

1969 crops, that feed grain base be not exceeded by producer,

provided that acreage on farm diverted from production of feed

grains pursuant to contract under Cropland Adjustment Program shall

be deemed acreage diverted from production of feed grains for

purposes of eligibility requirements, and excepted producer of

malting barley from requirement of participation in the acreage

diversion program for feed grains if such producer had previously

produced a malting variety of barley, planted barley only of an

acceptable malting variety for harvest, did not devote barley farm

acreage in excess of 110 per centum of average acreage devoted to

barley in 1959 and 1960, did not devote corn and grain sorghums

farm acreage in excess of average acreage devoted to corn and grain

sorghums in 1959 and 1960, and did not devote oats and rye acreage

in 1959 and 1960 to production of wheat pursuant to section 1339c

of this title.

Subsec. (e) second sentence. Pub. L. 89-321 incorporated third

sentence of former subsec. (d) as second sentence of subsec. (e)

and substituted ''price-support'' and ''payments-in-kind'' for

''price support'' and ''payments in kind''.

Subsec. (e) third sentence. Pub. L. 89-321 made payments-in-kind

available on maximum permitted acreage and authorized the Secretary

to make available the same total amount on a smaller acreage or

acreages at a higher rate or rates.

Subsec. (e) fourth sentence. Pub. L. 89-321 incorporated fourth

sentence of former subsec. (d) as fourth sentence of subsec. (e),

substituted bushel determination provision calling for

multiplication of that part of the actual acreage of such feed

grain planted on the farm for harvest on which the Secretary made

such payments available by the farm projected yield per acre for

prior provision calling for such multiplication of actual acreage

of such feed grain planted on the farm for harvest by the adjusted

average yield per acre, and inserted proviso respecting

consideration of soybean as feed grain acreage to such extent and

subject to such terms and conditions as Secretary determined would

not impair effective operation of price support program and proviso

deeming entire feed grains acreage as so planted when 90 per centum

of feed grains acreage permitted to be planted has been so planted.

Subsec. (e) fifth sentence. Pub. L. 89-321 authorized reduction

of that portion of the support price which was made available

through loans and purchases for the 1966 through 1969 crops below

the loan level for the 1965 crop by such amounts and in such stages

as might be necessary to promote increased participation in the

feed grain program, taking into account increases in yields, but so

as not to disrupt the feed grain and livestock economy, without

modifying or affecting Secretary's discretion to maintain or

increase total price support levels to cooperators.

Subsec. (e) sixth sentence. Pub. L. 89-321 incorporated eleventh

sentence of former subsec. (d) as sixth sentence of subsec. (e) and

substituted ''planted to feed grains'' for ''planted to feed grains

in 1965'' and ''deemed to be an actual acreage of feed grains

planted for harvest for purposes of such payments provided such

acreage is not subsequently planted to any other income-producing

crop during such year'' for ''deemed by the Secretary to be an

actual acreage of feed grains planted on the farm for harvest for

purposes of this subsection, provided such acreage is not

subsequently devoted to any price supported crop for 1965''.

Subsec. (e) seventh sentence. Pub. L. 89-321 incorporated sixth

sentence of former subsec. (d) as seventh sentence of subsec. (e).

Subsec. (e) eighth sentence. Pub. L. 89-321 incorporated seventh

sentence of former subsec. (d) as eighth sentence of subsec. (e)

and substituted ''Payments-in-kind'' for ''Such payments in kind'',

parenthetical text ''valued by the Secretary at not less than the

current support price made available through loans and purchases''

for ''valued by the Secretary at not less than the current support

price minus that part of the current support price made available

through payments in kind'', and ''in accordance with regulations

prescribed by the Secretary and notwithstanding any other provision

of law'' for ''and, notwithstanding any other provisions of law''.

Subsec. (e) ninth sentence. Pub. L. 89-321 incorporated ninth

sentence of former subsec. (d) as ninth sentence of subsec. (e) and

substituted ''basis of their respective shares in the feed grain

crop produced on the farm, or the proceeds therefrom, except that

in any case in which the Secretary determines that such basis would

not be fair and equitable, the Secretary shall provide for such

sharing on such other basis as he may determine to be fair and

equitable'' for ''basis of their respective shares in the crop

produced on the farm with respect to which such certificates are

issued, or the proceeds therefrom''.

Subsec. (e) tenth sentence. Pub. L. 89-321 incorporated tenth

sentence of former subsec. (d) as tenth sentence of subsec. (e) and

substituted '', in accordance with the provisions of such

program,'' for ''in accordance with the provisions of such

program''.

Subsec. (e) eleventh sentence. Pub. L. 89-321 authorized the

Secretary, where the failure of a producer to comply with the terms

and conditions of the programs formulated under subsecs. (d) and

(e) of this section precluded making payments-in-kind, to make such

payments-in-kind in such amounts as he determined to be equitable

in relation to the seriousness of the default.

1963 - Pub. L. 88-26 amended feed grains support program for

1962, and enacted feed grains support program for 1964 and 1965, as

described hereunder.

Subsec. (a). Pub. L. 88-26, Sec. 2(1), inserted proviso for such

corn price support level, in the case of any crop for which an

acreage diversion program is in effect for feed grains, not less

than 65 per centum or more than 90 per centum of the parity price

therefor as the Secretary determines necessary to achieve the

acreage reduction goal established by him for the crop.

Subsec. (d). Pub. L. 88-26, Sec. 2(2), in adding subsec. (d),

enacted feed grains support program for 1964 and 1965.

Subsec. (d) first sentence. Pub. L. 88-26, Sec. 2(2), made

subsec. (d) applicable to 1964 and 1965 feed grains crops if an

acreage diversion program was in effect under section 590p(h) of

title 16.

Subsec. (d) second sentence. Pub. L. 88-26, Sec. 2(2), required

as a condition of eligibility for price support on crop of feed

grain included in the acreage diversion program, participation of

producer in the diversion program to the extent prescribed by the

Secretary, and as a condition of eligibility for such price support

if a diversion program was not in effect for 1964 or 1965 crop,

that feed grain base be not exceeded by producer and excepted

producer of malting barley from requirement of participation in the

acreage diversion program for feed grains if such producer had

previously produced a malting variety of barley, planted barley

only of an acceptable malting variety for harvest, did not devote

barley farm acreage in excess of 110 per centum of average acreage

devoted to barley in 1959 and 1960, did not devote corn and grain

sorghums farm acreage in excess of average acreage devoted to corn

and grain sorghums in 1959 and 1960, and did not devote oats and

rye acreage in 1959 and 1960 to production of wheat pursuant to

section 1339c of this title.

Subsec. (d) third sentence. Pub. L. 88-26, Sec. 2(2), authorized

payments in kind for such portion of support price for any feed

grain included in the acreage diversion program to assure that

benefits of price support and diversion programs inure primarily to

those producers who cooperate in feed grains acreage reductions.

Subsec. (d) fourth sentence. Pub. L. 88-26, Sec. 2(2), provided

for payments in kind on number of bushels of feed grain determined

by multiplying actual acreage of feed grain planted on the farm for

harvest by adjusted average yield per acre.

Subsec. (d) fifth sentence. Pub. L. 88-26, Sec. 2(2), made base

period used in determining adjusted average yield the same as used

for purposes of acreage diversion program under section 590p(h) of

title 16.

Subsec. (d) sixth sentence. Pub. L. 88-26, Sec. 2(2), authorized

50 per centum payments to producers in advance of determination of

performance.

Subsec. (d) seventh sentence. Pub. L. 88-26, Sec. 2(2), provided

for payments in kind through issuance of negotiable certificates,

redemption for feed grains by the CCC (such feed grains to be

valued by the Secretary at not less than the current support price

minus that part of the current support price made available through

payments in kind, plus reasonable carrying charges), and for

assistance of CCC in marketing of the certificates.

Subsec. (d) eighth sentence. Pub. L. 88-26, Sec. 2(2), provided

for deduction from value of negotiable certificates, not presented

for redemption within thirty days of date of issuance, or

reasonable costs of storage and other carrying charges, for the

period beginning thirty days after issuance and ending with date of

presentation for redemption.

Subsec. (d) ninth sentence. Pub. L. 88-26, Sec. 2(2), required

the Secretary to provide for sharing of negotiable certificates

among producers on the farm on basis of respective shares in the

crop produced on the farm with respect to which such certificates

were issued, or the proceeds therefrom.

Subsec. (d) tenth sentence. Pub. L. 88-26, Sec. 2(2),

conditioned availability of price support for feed grains included

in acreage diversion program, where operator of farm elected to

participate in the acreage diversion program, to producers on farm

diverting from feed grain production under the program an acreage

on the farm equal to number of acres which operator agreed to

divert, and agreement so provided.

1962 - Pub. L. 87-703 enacted feed grains price support program

for 1963.

Pub. L. 87-425 amended feed grains support program for 1962.

Subsec. (a). Pub. L. 87-703, Sec. 305, substituted provisions for

such corn price support level, beginning with 1964 crop, not less

than 50 per centum or more than 90 per centum of the parity price

therefor, as the Secretary determines will not result in increasing

Commodity Credit Corporation stocks of corn for former corn price

support, beginning with 1959 crop, at 90 per centum of the average

price received by farmers during the three calendar years

immediately preceding the calendar year in which the marketing year

for such crops began, adjusted to offset the effect on such price

of any abnormal quantities of low-grade corn marketed during any of

such year, provided the level of price support for any crop of corn

be not less than 65 per centum of the parity price therefor.

Subsec. (c). Pub. L. 87-703, Sec. 301, in adding pars. (5) and

(6), enacted feed grains price support program for 1963, as

described hereunder.

Subsec. (c)(4). Pub. L. 87-425 excepted producer of barley on a

summer-fallow farm from requirement of participation in special

agricultural conservation program for 1962 for barley if such

producer did not devote barley farm acreage in excess of average

acreage devoted to barley in 1959 and 1960 plus the acreage devoted

to summer fallow in 1961 which was diverted from the production of

wheat under the special 1962 wheat program and did not devote corn,

grain sorghums, and barley farm acreage in excess of 80 per centum

of average acreage devoted to corn, grain sorghums, and barley in

1959 and 1960.

Subsec. (c)(5). Pub. L. 87-703, Sec. 301, required establishment

of 1963 corn crop price support at such level not less than 65 per

centum of parity price as Secretary might determine; provided for:

payments in kind in amount of 18 cents per bushel of support price

for corn, and comparable portion of support price for grain

sorghums and barley; such payments on number of bushels of such

feed grain determined by multiplying actual acreage of such feed

grain planted on the farm for harvest in 1963 by the adjusted

average yield per acre for 1959 and 1960 crop acreage of such feed

grain; such payments through issuance of negotiable certificates

redeemable by CCC for corn, grain sorghums, and barley (such feed

grains to be valued by the Secretary at not less than support price

minus that part of support price made available through payments in

kind) and for CCC assistance to producer in marketing of such

certificates; deduction from value of the certificate, in the case

of any certificate not presented for redemption within 30 days of

date of its issuance, reasonable costs of storage and other

carrying charges for period beginning 30 days after its issuance

and ending with the date of its presentation for redemption; and

basis for sharing of such certificate among producers on the farm;

and conditioned availability of price support to inclusion of

prescribed acreage diversion where operator of farm elected to

participate in the special agricultural conservation program for

1963, for corn, grain sorghums, and barley.

Subsec. (c)(6). Pub. L. 87-703, Sec. 301, required as a condition

of eligibility for price support on 1963 crop of corn, grain

sorghums, and barley participation of producer in special

agricultural conservation program for 1963 for corn, grain

sorghums, and barley to the extent prescribed by the Secretary and

excepted producer of malting barley from requirement of

participation in special agricultural conservation program for 1963

if such producer had previously produced a malting variety of

barley, planted barley only of an acceptable malting variety for

harvest in 1963, and did not devote barley farm acreage in excess

of 110 per centum of average acreage devoted to barley in 1959 and

1960, and did not devote corn and grain sorghums farm acreage in

excess of average acreage devoted to corn and grain sorghums in

1959 and 1960.

1961 - Pub. L. 87-128 enacted feed grains price support program

for 1962.

Pub. L. 87-5 enacted special feed grains price support program

for 1961.

Subsec. (c). Pub. L. 87-128, in adding pars. (3) and (4), enacted

feed grains price support program for 1962.

Pub. L. 87-5, in adding pars. (1) and (2), enacted special feed

grains price support program for 1961.

Subsec. (c)(1). Pub. L. 87-5 required establishment of 1961 corn

crop price support at such level not less than 65 per centum of

parity price as Secretary might determine and made corn and grain

sorghums price support available on not to exceed the normal

production of 1961 acreage of corn and grain sorghums of each

eligible farm based on average yield per acre for 1959 and 1960

crop acreage.

Subsec. (c)(2). Pub. L. 87-5 required as a condition of

eligibility for price support on 1961 crop of corn, grain sorghums,

and any other feed grain designated by the Secretary, participation

of producer in special agricultural conservation program for 1961

for corn and grain sorghums to the extent prescribed by the

Secretary.

Subsec. (c)(3). Pub. L. 87-128 required establishment of 1962

corn crop price support at such level not less than 65 per centum

of parity price as Secretary might determine and made corn, grain

sorghums, and barley price support available on not to exceed the

normal production of 1962 acreage of corn, grain sorghums, and

barley of each eligible farm based on average yield per acre for

1959 and 1960 crop acreage.

Subsec. (c)(4). Pub. L. 87-128 required as a condition of

eligibility for price support on 1962 crop of corn and grain

sorghums participation of producer in special agricultural

conservation program for 1962 for corn and grain sorghums to the

extent prescribed by the Secretary and prohibited farm acreage

devoted to barley in excess of average acreage devoted to barley in

1959 and 1960; required as a condition of eligibility for price

support on 1962 crop of barley participation of producer in special

agricultural conservation program for 1962 for barley to the extent

prescribed by the Secretary and prohibited farm acreage devoted to

corn and grain sorghums in excess of average acreage devoted to

corn and grain sorghums in 1959 and 1960; and excepted producer of

malting barley from requirement of participation in special

agricultural conservation program for 1962 for barley if such

producer had previously produced a malting variety of barley,

planted barley only of an acceptable malting variety for harvest in

1962, and did not devote barley farm acreage in excess of 110 per

centum of average acreage devoted to barley in 1959 and 1960, and

did not devote corn and grain sorghums farm acreage in excess of

average acreage devoted to corn and grain sorghums in 1959 and

1960.

1958 - Pub. L. 85-835 enacted corn and feed grains price support

provisions, beginning with the 1959 crop.

Subsec. (a). Pub. L. 85-835 made corn price support available,

beginning with 1959 crop, at 90 per centum of average price

received by farmers during three calendar years immediately

preceding calendar year in which marketing year for the crop

begins, adjusted to offset effect on such price of any abnormal

quantities of low-grade corn marketed during any of such year, with

minimum price support level at 65 per centum of parity price for

any crop of corn.

Subsec. (b). Pub. L. 85-835 made price support available,

beginning with 1959 crop, for each crop of oats, rye, barley, and

grain sorghums, at such level of parity price as Secretary of

Agriculture determined was fair and reasonable in relation to price

support level for corn, taking into consideration the feeding value

of such commodity in relation to corn, and the other factors set

forth in section 1421(b) of this title.

EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT

Section 501 of Pub. L. 91-524, as amended by section 1(18) of

Pub. L. 93-86, provided that the amendment made by that section is

effective only with respect to 1974 through 1977 crops of feed

grains.

Section 501(a), formerly Sec. 501, of Pub. L. 91-524, as

renumbered and amended by section 1(18)(A) of Pub. L. 93-86,

provided that the amendment made by that section is effective only

with respect to 1971 through 1977 crops of feed grains.

Section 501(b) of Pub. L. 91-524, as added by section 1(18)(B) of

Pub. L. 93-86, provided that the amendment made by that section is

effective only with respect to 1974 through 1977 crops of feed

grains.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Section 501 of Pub. L. 91-524 provided that the amendment made by

that section is effective only with respect to 1971, 1972, and 1973

crops of feed grains.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(3) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(C) of this title.

Pub. L. 101-624, title IV, Sec. 402, Nov. 28, 1990, 104 Stat.

3419, provided that: ''Section 105 of the Agricultural Act of 1949

(7 U.S.C. 1444b) shall not be applicable to the 1991 through 1995

crops of feed grains.''

Pub. L. 99-198, title IV, Sec. 402, Dec. 23, 1985, 99 Stat. 1406,

provided that: ''Section 105 of the Agricultural Act of 1949 (7

U.S.C. 1444b) shall not be applicable to the 1986 through 1990

crops of feed grains.''

Pub. L. 97-98, title IV, Sec. 402, Dec. 22, 1981, 95 Stat. 1234,

provided that: ''Section 105 of the Agricultural Act of 1949 (this

section) shall not be applicable to the 1982 through 1985 crops of

feed grains.''

Pub. L. 95-113, title V, Sec. 503, Sept. 29, 1977, 91 Stat. 933,

provided that: ''Section 105 of the Agricultural Act of 1949, as

amended (this section), shall not be applicable to the 1977 through

1981 crops of feed grains.''

Pub. L. 95-113, title V, Sec. 504, Sept. 29, 1977, 91 Stat. 933,

provided that: ''Except as otherwise provided in section 501 of

this Act (enacting section 1444c(a)-(c) of this title effective

only for the 1977 through 1981 crops of feed grains), section

105(a) and (b)(1) of the Agricultural Act of 1949, as added by the

Agricultural Act of 1970, as amended (subsecs. (a) and (b)(1) of

this section as amended by Pub. L. 91-524, as amended), to be

effective only for the 1974 through 1977 crops of feed grains,

shall not be applicable to the 1977 crop of feed grains.''

1958 REFERENDUM FOR SELECTION OF ALTERNATIVE CORN PROGRAM;

OPERATIVE STATUS OF CERTAIN PROVISIONS

Corn producers voted for adoption of price support program as

provided in section 1444a(b) of this title (254,262) rather than

alternative corn acreage allotments and price support program

(102,907), the ballot making operative sections 1329a and 1444b and

repeal of section 1441(d)(4) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1444a, 7301, 7992 of this

title.

-CITE-

7 USC Sec. 1444c, 1444d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444c, 1444d. Repealed. Pub. L. 101-624, title IV, Sec.

401(1), Nov. 28, 1990, 104 Stat. 3400

-MISC1-

Section 1444c, act Oct. 31, 1949, ch. 792, title I, Sec. 105A, as

added Sept. 29, 1977, Pub. L. 95-113, title V, Sec. 501, 502, 91

Stat. 928, 930; amended Mar. 18, 1980, Pub. L. 96-213, Sec. 2,

4(c), 94 Stat. 119, 120; Sept. 26, 1980, Pub. L. 96-365, title II,

Sec. 201(c), 94 Stat. 1320, Dec. 3, 1980, Pub. L. 96-494, title II,

Sec. 202(a), 94 Stat. 2570, related to loan rates and target prices

for 1977 through 1981 feed grain crops.

Section 1444d, act Oct. 31, 1949, ch. 792, title I, Sec. 105B, as

added Dec. 22, 1981, Pub. L. 97-98, title IV, Sec. 401, 95 Stat.

1227; amended Sept. 8, 1982, Pub. L. 97-253, title I, Sec. 123,

124, 96 Stat. 769; Sept. 29, 1983, Pub. L. 98-100, Sec. 1(a), 97

Stat. 718; Apr. 10, 1984, Pub. L. 98-258, title II, Sec. 201-203,

98 Stat. 132, 133, related to loan rates and target prices for 1982

through 1985 feed grain crops.

EFFECTIVE DATE OF REPEAL

Repeal effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as an Effective Date of 1990 Amendment note

under section 1421 of this title.

-CITE-

7 USC Sec. 1444e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444e. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 105A, formerly

Sec. 105C, as added Dec. 23, 1985, Pub. L. 99-198, title IV, Sec.

401, 99 Stat. 1395; amended Feb. 28, 1986, Pub. L. 99-253, Sec. 2,

100 Stat. 36; Mar. 20, 1986, Pub. L. 99-260, Sec. 2(b), 7(b), 100

Stat. 46, 50; May 27, 1987, Pub. L. 100-45, Sec. 3, 101 Stat. 319;

Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1101(b), 1102(b),

1103, 1107, 1113(b), 1202, 101 Stat. 1330-1 to 1330-3, 1330-5,

1330-9, 1330-11; Dec. 12, 1989, Pub. L. 101-220, Sec. 1, 103 Stat.

1876; Dec. 19, 1989, Pub. L. 101-239, title I, Sec. 1002(b),

1003(b)(2), 103 Stat. 2107, 2108; renumbered Sec. 105A, Nov. 28,

1990, Pub. L. 101-624, title IV, Sec. 401(2), 104 Stat. 3400,

related to loan rates, target prices, disaster payments, acreage

limitation and set-aside programs, and land diversion. See

Effective and Termination Dates note below.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 401 of Pub. L. 99-198 provided that this section is

effective only for 1986 through 1990 crops of feed grains.

-CITE-

7 USC Sec. 1444e-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444e-1. Loans and purchases for 1986 through 1996 crops of

corn

-STATUTE-

(a) Notwithstanding any other provision of law, effective only

for each of the 1986 through 1996 crops of feed grains, the

Secretary of Agriculture may make available loans and purchases, as

provided in this section, to producers on a farm who -

(1) for silage -

(A) cut corn (including mutilated corn) that the producers

have produced in such crop year; or

(B) purchase or exchange corn (including mutilated corn) that

has been produced in such crop year by another producer

(including a producer that is not participating in an acreage

limitation or set-aside program for such crop established by

the Secretary); and

(2) participate in an acreage limitation or set-aside program

for such crop of corn established by the Secretary.

(b) Such loans and purchases may be made on a quantity of corn of

the same crop, other than the corn obtained for silage, acquired by

the producer equivalent to a quantity determined by multiplying -

(1) the acreage of corn obtained for silage; by

(2) the lower of the farm program payment yield or the actual

yield on a field, as determined by the Secretary, that is similar

to the field from which such silage was obtained.

-SOURCE-

(Pub. L. 99-198, title IV, Sec. 403, Dec. 23, 1985, 99 Stat. 1406;

Pub. L. 101-624, title IV, Sec. 403, Nov. 28, 1990, 104 Stat.

3419.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-624 substituted ''1996'' for

''1990'' in introductory provisions.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

-CITE-

7 USC Sec. 1444f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444f. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(C),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 105B, as added

Nov. 28, 1990, Pub. L. 101-624, title IV, Sec. 401(3), 104 Stat.

3401; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(b),

1102(b), 1103(b), 104 Stat. 1388-1, 1388-2; Dec. 13, 1991, Pub. L.

102-237, title I, Sec. 102(c), 103(a), 105, 106(c), 108, 113(4),

(5), 114(b)(1), 105 Stat. 1822, 1823, 1825, 1828, 1837, 1839; Aug.

10, 1993, Pub. L. 103-66, title I, Sec. 1103, 107 Stat. 315; May 6,

1994, Pub. L. 103-247, Sec. 1(b), 108 Stat. 618; Oct. 13, 1994,

Pub. L. 103-354, title I, Sec. 119(a)(4), 108 Stat. 3207, related

to loans, payments, and acreage reduction programs for 1991 through

1995 crops of feed grains.

-CITE-

7 USC Sec. 1444f-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1444f-1. Repealed. Pub. L. 102-237, title I, Sec. 114(b)(2),

Dec. 13, 1991, 105 Stat. 1840

-MISC1-

Section, Pub. L. 101-624, title IV, Sec. 404, Nov. 28, 1990, 104

Stat. 3419, related to price support for high moisture feed

grains. See section 1444f(q) of this title.

-CITE-

7 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445. Tobacco price support levels for 1960 and subsequent

years

-STATUTE-

Notwithstanding any of the provisions of section 1441 of this

title: (a) For the 1960 crop of any kind of tobacco for which

marketing quotas are in effect, or for which marketing quotas are

not disapproved by producers, the support level in cents per pound

shall be the level at which the 1959 crop of such kind of tobacco

was supported, or if marketing quotas were disapproved for the 1959

crop of such kind of tobacco, the level at which the 1959 crop of

such kind of tobacco would have been supported if marketing quotas

had been in effect. (b) For the 1961 crop and each subsequent crop

of any kind of tobacco for which marketing quotas are in effect, or

for which marketing quotas are not disapproved by producers, the

support level in cents per pound shall be determined by adjusting

the support level for the 1959 crop of such kind of tobacco, or if

marketing quotas were disapproved for the 1959 crop of such kind of

tobacco, the level at which the 1959 crop of such kind of tobacco

would have been supported if marketing quotas had been in effect,

by multiplying such support level for the 1959 crop by the ratio of

(i) the average of the index of prices paid by farmers, including

wage rates, interest, and taxes, as defined in section

1301(a)(1)(C) of this title, for the three calendar years

immediately preceding the calendar year in which the marketing year

begins for the crop for which the support level is being determined

to (ii) the average index of such prices paid by farmers, including

wage rates, interest, and taxes for the calendar year 1959.

(c) If acreage poundage or poundage farm marketing quotas are in

effect under section 1314c or 1314e of this title, (1) price

support shall not be made available on tobacco marketed in excess

of 103 per centum of the marketing quota (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.

(d) Notwithstanding the provisions of section 1423 of this title,

if the Secretary determines that the supply of any grade of any

kind of tobacco of a crop for which marketing quotas are in effect

or are not disapproved by producers will likely be excessive, the

Secretary, after prior consultation with the association through

which price support for the grade and kind of tobacco is made

available to producers, may reduce the support rate which would

otherwise be established for such grade of tobacco after taking

into consideration the effect such reduction may have on the supply

and price of other grades of other kinds of quota tobacco:

Provided, That the weighted average of the support rates for all

eligible grades of such kind of tobacco shall, after such

reduction, reflect not less than (1) 65 per centum of the increase

in the support level for such kind of tobacco which would otherwise

be established under this section, if the support level therefor is

higher then the support level for the preceding crop, or (2) the

support level for such kind of tobacco established under this

section, if the support level therefor is not higher than the

support level for the preceding crop. In determining whether the

supply of any grade of any kind of tobacco of a crop will be

excessive, the Secretary shall take into consideration the domestic

supply, including domestic inventories, the amount of such tobacco

pledged as security for price support loans, and anticipated

domestic and export demand, based on the maturity, uniformity and

stalk position of such tobacco.

(e) Omitted

(f) Notwithstanding the foregoing provisions of this section -

(1) For the 1984 crop of Flue-cured tobacco, the support level

shall be the level in cents per pound at which the 1982 crop was

supported.

(2) For the 1985 crop of Flue-cured tobacco, the support level

shall be the level in cents per pound at which the 1982 crop was

supported, plus or minus, respectively, the amount by which (A)

the support level for the 1985 crop, as determined under

subsection (b) of this section, is greater or less than (B) the

support level for the 1984 crop, as determined under subsection

(b) of this section, as that difference may be adjusted by the

Secretary under subsection (d) of this section if the support

level under clause (A) is greater than the support level under

clause (B), except that the support level for the 1985 crop shall

be the level in cents per pound at which the 1982 crop was

supported if the support level as determined under subsection (b)

of this section for the 1985 crop would not be more than 5 per

centum greater than the support level as determined under

subsection (b) of this section for the 1984 crop.

(3) For the 1984 crop of any kind of tobacco (other than

Flue-cured tobacco) for which marketing quotas are in effect or

are not disapproved by producers and for the 1985 crop of any

kind of tobacco (other than Flue-cured and Burley tobacco) for

which marketing quotas are in effect or are not disapproved by

producers, the Secretary shall establish the support level at

such level as will not narrow the normal price support

differential between Flue-cured tobacco and such other kind of

tobacco. Before establishing the support level under this

paragraph for any such kind of tobacco the Secretary shall

publish in the Federal Register a notice of the level the

Secretary proposes to establish and give an opportunity for the

public to comment on the proposal. In determining the level to

be established under this paragraph for a particular kind of

tobacco, the Secretary shall take into consideration the cost of

producing such kind of tobacco, the supply and demand conditions

for such kind of tobacco, the comments received in response to

the public notice of the proposal, and such other relevant

factors as the Secretary determines appropriate.

(4) For the 1985 and 1986 crops of Burley tobacco, the support

level shall be $1.488 per pound.

(5) For the 1986 crop of Flue-cured tobacco, the support level

shall be $1.438 per pound.

(6)(A) Except as provided in subparagraph (B), for the 1986 and

each subsequent crop of any kind of tobacco (other than

Flue-cured and Burley tobacco) for which marketing quotas are in

effect or are not disapproved by producers, the support level

shall be the level in cents per pound at which the immediately

preceding crop was supported, plus or minus, respectively, the

amount by which -

(i) the support level for the crop for which the

determination is being made, as determined under subsection (b)

of this section; is greater or less than

(ii) the support level for the immediately preceding crop, as

determined under subsection (b) of this section,

as that difference may be adjusted by the Secretary under

subsection (d) of this section if the support level under clause

(i) is greater than the support level under clause (ii).

(B) Notwithstanding subparagraph (A) and subsection (d) of this

section, if requested by the board of directors of an association

through which price support for the respective kind of tobacco

specified in subparagraph (A) is made available to producers, the

Secretary may reduce the support level for such kind of tobacco

to the extent requested by the association to more accurately

reflect the market value and improve the marketability of such

tobacco.

(7)(A) For the 1987 and each subsequent crop of Flue-cured and

Burley tobacco for which marketing quotas are in effect or are

not disapproved by producers, the support level shall be the

level in cents per pound at which the immediately preceding crop

was supported, plus or minus, respectively, an adjustment of not

less than 65 percent nor more than 100 percent of the total, as

determined by the Secretary after taking into consideration the

supply of the kind of tobacco involved in relation to demand, of

-

(i) 66.7 percent of the amount by which -

(I) the average price received by producers for Flue-cured

and Burley tobacco, respectively, on the United States

auction markets, as determined by the Secretary, during the 5

marketing years immediately preceding the marketing year for

which the determination is being made, excluding the year in

which the average price was the highest and the year in which

the average price was the lowest in such period, is greater

or less than

(II) the average price received by producers for Flue-cured

and Burley tobacco, respectively, on the United States

auction markets, as determined by the Secretary, during the 5

marketing years immediately preceding the marketing year

prior to the marketing year for which the determination is

being made, excluding the year in which the average price was

the highest and the year in which the average price was the

lowest in such period; and

(ii) 33.3 percent of the change, expressed as a cost per

pound of tobacco, in the index of prices paid by tobacco

producers from January 1 to December 31 of the calendar year

immediately preceding the year in which the determination is

made.

(B) For purposes of subparagraph (A) -

(i) the average market price for Burley tobacco for the 1985

marketing year shall be reduced by $0.039 per pound;

(ii) the average market price for Burley tobacco for the 1984

and each prior applicable marketing year shall be reduced by

$0.30 per pound;

(iii) the average market price for Flue-cured tobacco for the

1985 marketing year shall be reduced by $0.25 per pound;

(iv) the average market price for Flue-cured tobacco for the

1984 and each prior applicable marketing year shall be reduced

by $0.30 per pound; and

(v) the index of prices paid by tobacco producers shall

include items representing general, variable costs of producing

tobacco, as determined by the Secretary, but shall not include

the cost of land, risk, overhead, management, purchase or

leasing of quotas, marketing contributions or assessments, and

other costs not directly related to the production of tobacco.

(g)(1) Effective only for each of the 1994 through 1998 crops of

tobacco for which price support is made available under this Act,

each producer and purchaser of such tobacco, and each importer of

the same kind of tobacco, shall remit to the Commodity Credit

Corporation a nonrefundable marketing assessment in an amount equal

to -

(A) in the case of a producer or purchaser of domestic tobacco,

.5 percent of the national price support level for each such

crop; and

(B) in the case of an importer of tobacco, 1 percent of the

national support price for the same kind of tobacco;

as provided for in this section.

(2) Such producer, purchaser, and importer assessments shall be -

(A) collected in the same manner as provided for in section

1445-1(d)(2) or 1445-2(d)(3) of this title, as applicable; and

(B) enforced in the same manner as provided in section

1445-1(h) or 1445-2(j) of this title, as applicable.

(3) The Secretary may enforce this subsection in the courts of

the United States.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 106, as added Pub. L.

86-389, Sec. 1, Feb. 20, 1960, 74 Stat. 6; amended Pub. L. 89-12,

Sec. 3, Apr. 16, 1965, 79 Stat. 72; Pub. L. 92-10, Sec. 3, Apr. 14,

1971, 85 Stat. 27; Pub. L. 97-218, title I, Sec. 102, July 20,

1982, 96 Stat. 201; Pub. L. 98-59, Sec. 1, July 25, 1983, 97 Stat.

296; Pub. L. 98-180, title II, Sec. 202, Nov. 29, 1983, 97 Stat.

1144; Pub. L. 99-157, Sec. 6(a), Nov. 15, 1985, 99 Stat. 818; Pub.

L. 99-272, title I, Sec. 1102, 1105(b), Apr. 7, 1986, 100 Stat. 84,

90; Pub. L. 100-203, title I, Sec. 1104(a), Dec. 22, 1987, 101

Stat. 1330-4; Pub. L. 101-508, title I, Sec. 1105(f), Nov. 5, 1990,

104 Stat. 1388-6; Pub. L. 103-66, title I, Sec. 1106(b)(1), Aug.

10, 1993, 107 Stat. 321; Pub. L. 103-465, title IV, Sec. 422(b),

Dec. 8, 1994, 108 Stat. 4964.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (g)(1), is act Oct. 31, 1949,

ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act

of 1949, which is classified principally to this chapter (Sec. 1421

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (g)(1). Pub. L. 103-465, Sec. 422(b)(1)(A), added

par. (1) and struck out former par. (1) which read as follows:

''Effective only for each of the 1991 through 1995 crops of tobacco

for which price support is made available under this Act, producers

and purchasers of such tobacco shall each remit to the Commodity

Credit Corporation a nonrefundable marketing assessment in an

amount equal to .5 percent of the national price support level for

each such crop as otherwise provided for in this section.''

Subsec. (g)(2). Pub. L. 103-465, Sec. 422(b)(1)(B), substituted

'', purchaser, and importer'' for ''assessments and purchaser''.

Subsec. (h). Pub. L. 103-465, Sec. 422(b)(2), struck out subsec.

(h) which, effective only for 1994 through 1998 crops of tobacco,

required importer of tobacco produced outside United States to

remit to Commodity Credit Corporation a nonrefundable marketing

assessment and provided for computation and payment of assessment

and for penalties for failure to comply.

1993 - Subsec. (h). Pub. L. 103-66 added subsec. (h).

1990 - Subsec. (g). Pub. L. 101-508 added subsec. (g).

1987 - Subsec. (f)(8). Pub. L. 100-203 temporarily (see Effective

and Termination Dates of 1987 Amendment note below) added par. (8)

which read as follows:

''(A) Notwithstanding any other provision of this subsection, in

the case of each of the 1988 and 1989 crops of any kind of tobacco,

the Secretary shall reduce the support level for such crop by an

amount equal to 1.4 percent of the level otherwise established

under this subsection. Any such reduction shall not be taken into

consideration in determining the support level for a subsequent

crop of tobacco.

''(B) In lieu of making any such reduction, the Secretary may

impose assessments on the producers and purchasers in an amount

sufficient to realize a reduction in outlays equal to the amount

that would have been achieved as a result of the reduction required

under subparagraph (A). Such assessments shall not apply to

purchasers if it is judicially determined that the imposition of

the purchaser assessment will adversely affect the contracts

entered into under section 1445-3 of this title.''

1986 - Subsec. (c)(1). Pub. L. 99-272, Sec. 1105(b), substituted

''103 per centum'' for ''110 per centum''.

Subsec. (f)(4) to (7). Pub. L. 99-272, Sec. 1102(a), added pars.

(4) to (7) and struck out former pars. (4) and (5) which read as

follows:

''(4) For the 1985 crop of Burley tobacco and for the 1986 and

each subsequent crop of any kind of tobacco for which marketing

quotas are in effect or are not disapproved by producers, the

support level shall be the level in cents per pound at which the

immediately preceding crop was supported (or if the level for that

crop was adjusted under subsection (g) of this section the level at

which such crop would have been supported without regard to any

adjustment under subsection (g) of this section), plus or minus,

respectively, the amount by which (A) the support level for the

crop for which the determination is being made, as determined under

subsection (b) of this section, is greater or less than (B) the

support level for the immediately preceding crop, as determined

under subsection (b) of this section, as that difference may be

adjusted by the Secretary under subsection (d) of this section if

the support level under clause (A) is greater than the support

level under clause (B).

''(5) For the 1985 crop of Burley tobacco, notwithstanding

paragraph (4) of this section, the support level shall be $1.488

per pound.''

Subsec. (g). Pub. L. 99-272, Sec. 1102(b), struck out subsec. (g)

which related to the designation of certain grades of Flue-cured

tobacco that the Secretary determined to be of such quantity or

quality as to impair their marketability, and further reduction of

their support rates to reflect their market value.

1985 - Subsec. (f)(5). Pub. L. 99-157 added par. (5).

1983 - Subsec. (e). Pub. L. 98-59 temporarily added subsec. (e).

See Effective and Termination Dates of 1983 Amendments note below.

Subsecs. (f), (g). Pub. L. 98-180 added subsecs. (f) and (g).

1982 - Subsec. (d). Pub. L. 97-218 added subsec. (d).

1971 - Subsec. (c). Pub. L. 92-10 inserted introductory reference

to section 1314e of this title relating to farm poundage quotas for

burley tobacco, in item (1) struck out ''(120 per centum in the

case of Burley tobacco for the first year for which marketing

quotas are made effective under this section)'' after ''110 per

centum'' and inserted ''(after adjustments)'' after ''marketing

quota'', and in item (2) struck out ''to avoid marketings in excess

of the farm marketing quota'' after ''another''.

1965 - Subsec. (c). Pub. L. 89-12 added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective Sept. 13, 1995, see

section 422(e) of Pub. L. 103-465, set out as a note under section

1314i of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

this title.

EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENT

Section 1104(a) of Pub. L. 100-203 provided that the amendment

made by Pub. L. 100-203 is effective only for 1988 and 1989 crops

of tobacco.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1102(a) of Pub. L. 99-272 provided that the amendment

made by that section is effective for 1985 and subsequent crops of

tobacco.

Section 1102(b) of Pub. L. 99-272 provided that the amendment

made by that section is effective for 1986 and subsequent crops of

tobacco.

Section 1105(b) of Pub. L. 99-272 provided that the amendment

made by that section is effective for 1986 and subsequent crops of

tobacco.

Section 1112 of subtitle B (Sec. 1101-1112) of title I of Pub. L.

99-272 provided that: ''Except as otherwise provided in this

subtitle, this subtitle and the amendments made by this subtitle

(enacting sections 1314g, 1314h, and 1445-3 of this title, amending

sections 511d, 1301, 1312, 1314c, 1314e, 1372, 1445, 1445-1, and

1445-2 of this title, and enacting provisions set out as notes

under sections 1301, 1314c, 1314e, 1314g, 1314h, 1372, 1445,

1445-1, and 1445-2 of this title) shall become effective on the

date of enactment of this subtitle (Apr. 7, 1986).''

EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENTS

Section 202 of Pub. L. 98-180 provided that the amendment made by

that section is effective for 1984 and subsequent crops of tobacco.

Section 1 of Pub. L. 98-59 provided that the amendment made by

that section is effective for 1983 crop of tobacco.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 102 of Pub. L. 97-218 provided that the amendment made by

that section is effective for 1982 and subsequent crops of tobacco.

WAIVER AUTHORITY OF PRESIDENT

Section 422(c) of Pub. L. 103-465 provided that: ''The President

may waive the application to imported tobacco of section 106(g),

106A, or 106B of the Agricultural Act of 1949 (7 U.S.C. 1445(g),

1445-1, or 1445-2) or the amendment made in subsection (c) of

section 1106 of the Omnibus Budget Reconciliation Act of 1993

(Public Law 103-66; 107 Stat. 323) (amending section 511r of this

title) if the President determines that the waiver is necessary or

appropriate pursuant to an international agreement entered into by

the United States.''

(For effective date of section 422(c) of Pub. L. 103-465, set out

above, see Effective Date of 1994 Amendment note above.)

TOBACCO PROGRAM IMPROVEMENTS: CONGRESSIONAL FINDINGS AND STATEMENT

OF PURPOSES

Section 1101 of subtitle B (Sec. 1101-1112) of title I of Pub. L.

99-272 provided that:

''(a) Findings. - Congress finds that -

''(1) the maintenance of a viable tobacco price support and

production adjustment program is in the interests of tobacco

producers, purchasers of tobacco, persons employed directly or

indirectly by the tobacco industry, and the localities and States

whose economies and tax bases are dependent on the tobacco

industry;

''(2) the present tobacco price support program is in jeopardy

and in need of reform;

''(3) under present law, the levels of price support for

tobacco have resulted in market prices for tobacco that are not

competitive on the world market;

''(4) as a consequence, extremely large quantities of domestic

tobacco have been put under loan and placed in the inventories of

the producer-owned cooperative marketing associations that

administer the tobacco price support program;

''(5) the increased inventories have led to a significant

increase in the assessments producers are required to pay to

maintain the tobacco price support program on a 'no net cost'

basis;

''(6) such increasingly large assessments are creating a severe

hardship on producers;

''(7) the existence of such large inventories poses a threat to

the orderly marketing of future crops of tobacco;

''(8) inventories of producer associations must be

significantly reduced or the tobacco price support program will

collapse;

''(9) the Commodity Credit Corporation is threatened with

substantial losses on disposition of these inventories should the

tobacco price support program collapse;

''(10) it is imperative that such excess inventories of tobacco

be disposed of, under the supervision of the Secretary of

Agriculture, in a manner that -

''(A) will not disrupt the orderly marketing of new tobacco

crops;

''(B) will minimize any losses to the Federal Government; and

''(C) will be fair and equitable to all tobacco producers and

purchasers;

''(11) the mutual cooperation of tobacco producers, tobacco

purchasers, producer associations, and the Secretary of

Agriculture is necessary -

''(A) to restore the tobacco price support program to a

stable condition; and

''(B) to prevent substantial losses to taxpayers that would

result from the collapse of the program;

''(12) restoration of stability to the tobacco price support

program through a sharing of the cost of that program by

purchasers of tobacco along with producers of tobacco is

necessary to prevent undue burdens on, or obstruction of,

interstate and foreign commerce in tobacco; and

''(13) the system of grading tobacco should be thoroughly

reviewed to ensure that grades are assigned to tobacco that

properly state the quality of such tobacco.

''(b) Purposes. - The purposes of this subtitle (see Effective

Date of 1986 Amendment note above) are -

''(1) to encourage cooperation among tobacco producers, tobacco

purchasers, and the Secretary of Agriculture in reducing tobacco

price support levels, assessment costs, the size of inventories

of producer associations, and the exposure of taxpayers to large

budget outlays;

''(2) to adjust the method by which price support levels and

production quotas are calculated to reflect actual market

conditions;

''(3) to facilitate the purchase and sale of Flue-cured and

Burley tobacco presently in the inventories of producer

associations through which producers of Flue-cured and Burley

tobacco are provided price support;

''(4) to provide that purchasers and producers of domestic

tobacco share equally in the cost of maintaining the tobacco

price support program at no net cost to the taxpayers; and

''(5) to expedite reform of the system of grading tobacco so

that grades assigned to tobacco more accurately reflect the

quality of such tobacco.''

RULEMAKING PROCEDURES

Secretary of Agriculture to implement amendments by Pub. L.

99-272 without regard to provisions requiring notice and other

procedures for public participation in rulemaking contained in

section 553 of Title 5, Government Organization and Employees, or

in any other directive of the Secretary, see section 1108(c) of

Pub. L. 99-272, set out as a note under section 1301 of this title.

BURLEY TOBACCO IMPORTS; EFFECT ON PRICE-SUPPORT PROGRAM; REVIEW BY

SECRETARY OF AGRICULTURE

Secretary of Agriculture to review the effects of imports of

Burley tobacco on the Department's Burley-tobacco price-support

program whenever the level of price support for any crop of Burley

tobacco is increased by less than 65 per centum of the amount that

it would have otherwise been increased if the level of price

support would have been determined in accordance with subsec. (b)

of this section, see section 625 of this title.

TOBACCO PROGRAM COST

Pub. L. 97-98, title XI, Sec. 1109, Dec. 22, 1981, 95 Stat. 1266,

required Secretary of Agriculture, by January 1982, to promulgate

regulations and policies necessary to carry out intent of Congress

that tobacco price support and production adjustment program result

in no net cost to taxpayers other than such administrative expense

as was incidental to implementation of any commodity program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 625 of this title.

-CITE-

7 USC Sec. 1445-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445-1. Producer contributions and purchaser assessments for

No Net Cost Tobacco Fund

-STATUTE-

(a) Definitions

As used in the section -

(1) the term ''association'' means a producer-owned cooperative

marketing association which has entered into a loan agreement

with the Corporation to make price support available to

producers;

(2) the term ''Corporation'' means the Commodity Credit

Corporation, an agency and instrumentality of the United States

within the Department of Agriculture through which the Secretary

makes price support available to producers;

(3) the term ''Fund'' means the capital account to be

established within each association, which account shall be known

as the ''No Net Cost Tobacco Fund'';

(4) the term ''to market'' means to dispose of quota tobacco by

voluntary or involuntary sale, barter, exchange, gift inter

vivos, or consigning the tobacco to an association for a price

support advance;

(5) the term ''net gains'' means the amount by which total

proceeds obtained from the sale by an association of a crop of

quota tobacco pledged to the Corporation for price support loan

exceeds the principal amount of the price support loan made by

the Corporation to the association on such crop, plus interest

and charges;

(6) the term ''purchaser'' means any person who purchases in

the United States, either directly or indirectly for the account

of such person or another person, Flue-cured or Burley quota

tobacco; and

(7) the term ''quota tobacco'' means any kind of tobacco for

which marketing quotas are in effect or for which marketing

quotas are not disapproved by producers.

(b) Commodity Credit Corporation loans to associations

The Secretary may carry out the tobacco price support program

through the Corporation and shall, except as otherwise provided by

this section, continue to make price support available to producers

through loans to associations that, under agreements with the

Corporation, agree to make loan advances to producers.

(c) Establishment of No Net Cost Tobacco Funds

Each association shall establish within the association a Fund.

The Fund shall be comprised of amounts contributed by

producer-members or paid by or on behalf of purchasers and

importers as provided in subsection (d) of this section.

(d) Requirements

The Secretary shall -

(1) require -

(A) that -

(i) as a condition of eligibility for price support, each

producer of each kind of quota tobacco shall agree, with

respect to all such kind of quota tobacco marketed by the

producer from a farm, to contribute to the appropriate

association, for deposit in the association's Fund, an amount

determined from time to time by the association with the

approval of the Secretary;

(ii) each purchaser of Flue-cured and Burley quota tobacco

shall pay to the appropriate association, for deposit in the

Fund of the association, an assessment, in an amount

determined from time to time by the association with the

approval of the Secretary, with respect to purchases of all

such kind of tobacco marketed by a producer from a farm

(including purchases of such tobacco from the 1986 and

subsequent crops from the association); and

(iii) each importer of Flue-cured or Burley tobacco shall

pay to the appropriate association, for deposit in the Fund

of the association, an assessment, in an amount that is equal

to the product obtained by multiplying -

(I) the number of pounds of tobacco that is imported by

the importer; by

(II) the sum of the amount of per pound producer

contributions and purchaser assessments that are payable by

domestic producers and purchasers of Flue-cured and Burley

tobacco under clauses (i) and (ii); and

(B) that, upon making a contribution under subparagraph (A) -

(i) in the case of quota tobacco marketed other than by

consignment to an association for a price support advance,

the producer shall receive from the association capital stock

or, if the association does not issue such stock, a capital

certificate having a par value or face amount, respectively,

equal to the contribution; and

(ii) in the case of quota tobacco consigned by the producer

to an association for a price support advance, the producer

shall receive from the association a qualified per unit

retain certificate, as defined in section 1388(h) of title

26, having a face amount equal to the amount of the

contribution and representing an interest in the

association's Fund.

The amount of producer contributions and purchaser assessments

shall be determined in such a manner that producers and

purchasers share equally, to the maximum extent practicable, in

maintaining the Fund of an association. In making such

determination with respect to the assessment of a purchaser, only

1985 and subsequent crops of Flue-cured and Burley quota tobacco

shall be taken into account. The Secretary shall approve the

amount of the contributions and assessments determined by an

association from time to time under this paragraph only if the

Secretary determines that such amount will result in accumulation

of a Fund adequate to reimburse the Corporation for any net

losses which the Corporation may sustain under its loan

agreements with the association, based on reasonable estimates of

the amounts which the Corporation will lend to the association

under such agreements and the proceeds which will be realized

from the sales of tobacco which are pledged to the Corporation by

the association as security for loans;

(2) require that any producer contribution or purchaser or

importer assessment due under paragraph (1) shall be collected -

(A) from the person who acquired the tobacco involved from

the producer, except that if the tobacco is marketed by sale,

an amount equal to the producer contribution may be deducted by

the purchaser from the price paid to such producer;

(B) if the tobacco involved is marketed by a producer through

a warehouseman or agent, from such warehouseman or agent, who

may -

(i) deduct an amount equal to the producer contribution

from the price paid to the producer; and

(ii) add an amount equal to the purchaser assessment to the

price paid by the purchaser;

(C) if the tobacco involved is marketed by a producer

directly to any person outside the United States, from the

producer, who may add an amount equal to the purchaser

assessment to the price paid by the purchaser; and

(D) if the tobacco involved is imported by an importer, from

the importer. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(3) require that the Fund established by each association shall

be kept and maintained separate from all other accounts of the

association and shall be used exclusively, as prescribed by the

Secretary, for the purpose of ensuring, insofar as practicable,

that the Corporation, under its loan agreements with the

association with respect to 1982 and subsequent crops of quota

tobacco, will suffer no net losses (including, but not limited

to, recovery of the amount of loans extended to cover the

overhead costs of the association), after any net gains are

applied to net losses of the corporation (FOOTNOTE 2) under

paragraph (5): Provided, That, notwithstanding any other

provision of law, use by the association of moneys in the Fund,

including interest and other earnings, for the purposes of

reducing the association's outstanding indebtedness to the

Corporation associated with 1982 and subsequent crops of quota

tobacco and making loan advances to producers is authorized, and

use of such moneys for any other purposes that will be mutually

beneficial to producers and purchasers who contribute or pay to

the Fund and to the Corporation, shall, if approved by the

Secretary, be considered an appropriate use of the Fund;

(FOOTNOTE 2) So in original. Probably should be capitalized.

(4) permit an association to invest the monies in the Fund in

such manner as the Secretary may approve, and require that the

interest or other earnings on such investment shall become a part

of the Fund;

(5) require that loan agreements between the Corporation and

the association provide that the Corporation shall retain the net

gains from each of the 1982 and subsequent crops of tobacco

pledged by the association as security for price support loans,

and that such net gains will be used for the purpose of (A)

offsetting any losses sustained by the Corporation under its loan

agreements with the association for any of the 1982 and

subsequent crops of loan tobacco, or (B) reducing the outstanding

balance of any price support loan made by the Corporation to the

association under such agreements for 1982 and subsequent crops

of tobacco, or for both such purposes;

(6) effective for the 1982 through 1985 crops of quota tobacco,

provide, in loan agreements between the Corporation and an

association, that if the Secretary determines that the amount in

the Fund or the net gains referred to in paragraph (5) exceed the

amounts necessary for the purposes specified in this section,

such excess (A) in the case of an association making price

support available to producers of quota tobacco other than Burley

tobacco, will be released to the association by the Corporation

and may be devoted to other purposes by the association, and (B)

in the case of an association making price support available to

producers of Burley quota tobacco, will be released to the

association by the Corporation and may be distributed, as

determined by the association, to the producer-members of the

association as a capital distribution or net gain distribution;

and

(7) effective for the 1986 and subsequent crops of quota

tobacco, provide, in loan agreements between the Corporation and

an association, that if the Secretary determines that the amount

in the Fund or the net gains referred to in paragraph (5) exceeds

the amounts necessary for the purposes specified in this section,

the association, with the approval of the Secretary, may suspend

the payment and collection of contributions and assessments under

this section on terms and conditions established by the

association, with the approval of the Secretary.

(e) Failure or refusal of association to comply

If any association which has entered into a loan agreement with

the Corporation with respect to 1982 or subsequent crops of quota

tobacco fails or refuses to comply with the provisions of this

section, the regulations issued by the Secretary thereunder, or the

terms of such agreement, the Secretary may terminate such agreement

or provide that no additional loan funds may be made available

thereunder to the association. In such event, the Secretary shall

make price support available to producers of the kind or kinds of

tobacco, the price of which had been supported through loans to

such association, through such other means as are authorized by

this Act or the Commodity Credit Corporation Charter Act (15 U.S.C.

714 et seq.).

(f) Termination of loan agreement; dissolution or merger of

association; disposition of amounts in Fund

If, under subsection (e) of this section, a loan agreement with

an association is terminated, or if an association having a loan

agreement with the Corporation is dissolved, merges with another

association, or otherwise ceases to operate, the Fund or the net

gains referred to in subsection (d)(5) of this section shall be

applied or disposed of in such manner as the Secretary may approve

or prescribe, except that they shall, to the extent necessary,

first be applied or used for the purposes therefor prescribed in

this section.

(g) Regulations

The Secretary shall issue regulations necessary to carry out the

provisions of this section.

(h) Failure to collect contribution or assessment; marketing

penalty; civil action for review of penalty

(1)(A) Each person who fails to collect any contribution or

assessment as required by subsection (d)(2) of this section and

remit such contribution or assessment to the association, at such

time and in such manner as may be prescribed by the Secretary,

shall be liable, in addition to any amount due, to a marketing

penalty at a rate equal to 75 percent of the average market price

(calculated to the nearest whole cent) for the kind of tobacco

involved for the immediately preceding year on the quantity of

tobacco as to which the failure occurs.

(B) Each importer who fails to pay to the association an

assessment as required by subsection (d)(2) of this section at such

time and in such manner as may be prescribed by the Secretary,

shall be liable, in addition to any amount due, for a marketing

penalty at a rate equal to 75 percent of the average market price

(calculated to the nearest whole cent) for the respective kind of

tobacco for the immediately preceding year on the quantity of

tobacco as to which the failure occurs.

(C) The Secretary may reduce any such marketing penalty in such

amount as the Secretary determines equitable in any case in which

the Secretary determines that the failure was unintentional or

without knowledge on the part of the person concerned.

(D) Any penalty provided for under this paragraph shall be

assessed by the Secretary after notice and opportunity for a

hearing.

(2)(A) Any person against whom a penalty is assessed under this

subsection may obtain review of such penalty in an appropriate

district court of the United States by filing a civil action in

such court not later than 30 days after such penalty is imposed.

(B) The Secretary shall promptly file in such court a certified

copy of the record on which the penalty is based.

(3) The district courts of the United States shall have

jurisdiction to review and enforce any penalty imposed under this

subsection.

(4) An amount equivalent to any penalty collected by the

Secretary under this subsection shall be transmitted by the

Secretary to the appropriate association, for deposit in the Fund

of such association.

(5) The remedies provided in this subsection shall be in addition

to, and not exclusive of, other remedies that may be available.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 106A, as added Pub. L.

97-218, title I, Sec. 101, July 20, 1982, 96 Stat. 197; amended

Pub. L. 98-180, title II, Sec. 203, Nov. 29, 1983, 97 Stat. 1145;

Pub. L. 99-272, title I, Sec. 1108(a), (d), Apr. 7, 1986, 100 Stat.

92, 95; Pub. L. 99-500, Sec. 101(a) (title VI, Sec. 637), Oct. 18,

1986, 100 Stat. 1783, 1783-34, and Pub. L. 99-591, Sec. 101(a)

(title VI, Sec. 637), Oct. 30, 1986, 100 Stat. 3341, 3341-34; Pub.

L. 103-66, title I, Sec. 1106(b)(2), Aug. 10, 1993, 107 Stat. 321.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), is act Oct. 31, 1949, ch.

792, 63 Stat. 1051, as amended, known as the Agricultural Act of

1949, which is classified principally to this chapter (Sec. 1421 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

The Commodity Credit Corporation Charter Act, referred to in

subsec. (e), is act June 29, 1948, ch. 704, 62 Stat. 1070, as

amended, which is classified generally to subchapter II (Sec. 714

et seq.) of chapter 15 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 714 of Title 15 and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-66, Sec. 1106(b)(2)(A), inserted

''and importers'' after ''purchasers''.

Subsec. (d)(1)(A)(iii). Pub. L. 103-66, Sec. 1106(b)(2)(B), added

cl. (iii).

Subsec. (d)(2). Pub. L. 103-66, Sec. 1106(b)(2)(C), inserted ''or

importer'' after ''or purchaser'' in introductory provisions and

added subpar. (D).

Subsec. (h)(1)(B) to (D). Pub. L. 103-66, Sec. 1106(b)(2)(D),

added subpar. (B) and redesignated former subpars. (B) and (C) as

(C) and (D), respectively.

1986 - Subsec. (a)(6), (7). Pub. L. 99-272, Sec. 1108(a)(1),

added par. (6) and redesignated former par. (6) as (7).

Subsec. (c). Pub. L. 99-272, Sec. 1108(a)(2), inserted ''or paid

by or on behalf of purchasers'' in second sentence.

Subsec. (d)(1). Pub. L. 99-272, Sec. 1108(a)(3)(C), (D), in

provisions following subpar. (B), inserted provisions relating to

the determination of the amount of producer contributions and

purchaser assessments so as to share equally in maintaining the

Fund of the association, with only the 1985 and subsequent crops of

Flue-cured and Burley quota tobacco being taken into account, and

inserted ''and assessments'' after ''contributions''.

Subsec. (d)(1)(A)(i). Pub. L. 99-500 and Pub. L. 99-591 struck

out exception for Burley quota tobacco for 1983 and subsequent crop

years.

Subsec. (d)(1)(A)(ii), (iii). Pub. L. 99-500 and Pub. L. 99-591

redesignated cl. (iii) as (ii) and struck out former cl. (ii)

setting forth conditions of eligibility for any marketing year of

any three-year period for which marketing quotas are in effect.

Pub. L. 99-272, Sec. 1108(a)(3)(A), (B), added cl. (iii).

Subsec. (d)(2). Pub. L. 99-272, Sec. 1108(a)(3)(E), added par.

(2) and struck out former par. (2) which read as follows:

''effective for the 1983 crop only, require that each owner and

operator of any farm who, in conformity with the provisions of

subtitle B, part I, of the Agricultural Adjustment Act of 1938,

leases all or any part of an acreage allotment or marketing quota

for Flue-cured tobacco to make contributions, for deposit into the

Fund established by the association which, under a loan agreement

with the Corporation, makes price support available to producers of

Flue-cured tobacco. The amount of such contribution for the

quantity of tobacco of each crop represented by such lease shall be

the same amount as the contribution for producers of Flue-cured

tobacco of such crop determined and approved under paragraph (1).

The Secretary shall require that such association, upon receiving

such contribution, issue to such owner and operator capital stock

or, if the association does not issue such stock, a capital

certificate having a par value or face amount, respectively, equal

to the contribution;''.

Subsec. (d)(3). Pub. L. 99-272, Sec. 1108(a)(3)(F), substituted

''producers and purchasers who contribute or pay'' for ''producers

who contribute''.

Subsec. (d)(6). Pub. L. 99-272, Sec. 1108(a)(3)(H), inserted

''effective for the 1982 through 1985 crops of quota tobacco,''.

Subsec. (d)(7). Pub. L. 99-272, Sec. 1108(a)(3)(G), (I), (L),

added par. (7).

Subsec. (h). Pub. L. 99-272, Sec. 1108(a)(4), added subsec. (h).

1983 - Subsec. (d)(2). Pub. L. 98-180, Sec. 203(1), substituted

''1983 crop only'' for ''1983 and subsequent crops''.

Subsec. (d)(3). Pub. L. 98-180, Sec. 203(2), inserted proviso

authorizing use by the association of moneys in the Fund for the

purposes of reducing the association's outstanding indebtedness to

the Corporation associated with 1982 and subsequent crops of quota

tobacco and making loan advances to producers.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1108(a) of Pub. L. 99-272 provided that the amendment

made by that section is effective for 1986 and subsequent crops of

tobacco.

EFFECTIVE DATE

Section 101 of Pub. L. 97-218 provided that this section is

effective for 1982 and subsequent crops of tobacco.

WAIVER AUTHORITY OF PRESIDENT

For authority of President to waive application of this section

to imported tobacco if President determines that waiver is

necessary or appropriate pursuant to an international agreement

entered into by United States, see section 422(c) of Pub. L.

103-465, set out as a note under section 1445 of this title.

RULEMAKING PROCEDURES

Secretary of Agriculture to implement amendments by Pub. L.

99-272 without regard to provisions requiring notice and other

procedures for public participation in rulemaking contained in

section 553 of Title 5, Government Organization and Employees, or

in any other directive of the Secretary, see section 1108(c) of

Pub. L. 99-272, set out as a note under section 1301 of this title.

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE FOR NO NET COST

TOBACCO PROGRAM ACT OF 1982

Section 2 of Pub. L. 97-218 provided that: ''Congress finds that

-

''(1) in order to implement the intent of Congress, as

expressed in the Agriculture and Food Act of 1981 (see Short

Title of 1981 Amendment note set out under section 1281 of this

title), that the tobacco price support and production adjustment

program be carried out at no net cost to the taxpayer, other than

administrative expenses common to the operation of all price

support programs, it is necessary that producers of quota tobacco

share equitably in helping to eliminate losses which may be

incurred in carrying out the program;

''(2) producers of quota tobacco should be required, as a

condition of receiving the benefits of price support for their

tobacco, to contribute to a capital account to be established by

each producer-owned marketing association through which price

support advances are made available to producers; and

''(3) the account so established should be used by the

associations exclusively for the purpose of achieving a no net

cost tobacco program.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1314, 1314h, 1445, 1445-2

of this title.

-CITE-

7 USC Sec. 1445-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445-2. Marketing assessments to No Net Cost Tobacco Account

-STATUTE-

(a) Definitions

As used in this section -

(1) the term ''association'' means a producer-owned cooperative

marketing association which has entered into a loan agreement

with the Corporation to make price support available to producers

of a kind of tobacco;

(2) the term ''Account'' means an account established by and in

the Corporation for an association, which account shall be known

as the ''No Net Cost Tobacco Account'';

(3) the term ''to market'' means to dispose of tobacco by

voluntary or involuntary sale, barter, exchange, gift inter

vivos, or consigning the tobacco to an association for a price

support advance;

(4) the term ''net gains'' means the amount by which total

proceeds obtained from the sale by an association of a crop of a

kind of tobacco pledged to the Corporation for price support loan

exceeds the principal amount of the price support loan made by

the Corporation to the association on such crop, plus interest

and charges;

(5) the term ''tobacco'' means any kind of tobacco, as defined

in section 1301(b)(15) of this title, for which marketing quotas

are in effect or for which marketing quotas are not disapproved

by producers;

(6) the term ''area'', when used in connection with an

association, means the general geographical area in which farms

of the producer-members of such association are located, as

determined by the Secretary;

(7) the term ''Corporation'' shall have the meaning given to it

in section 1445-1(a)(2) of this title; and

(8) the term ''purchaser'' means any person who purchases in

the United States, either directly or indirectly for the account

of such person or another person, Flue-cured or Burley quota

tobacco.

(b) Continued availability of price support; establishment of No

Net Cost Tobacco Account

Notwithstanding section 1445-1 of this title, the Secretary

shall, upon the request of any association, and may, if the

Secretary determines, after consultation with such association,

that the accumulation of the No Net Cost Tobacco Fund for such

association under section 1445-1 of this title is, and is likely to

remain, inadequate to reimburse the Corporation for net losses

which the Corporation sustains under its loan agreement with such

association -

(1) continue to make price support available to producers

through such association in accordance with loan agreements

entered into between the Corporation and such association; and

(2) establish and maintain in accordance with this section a No

Net Cost Tobacco Account for such association in lieu of the No

Net Cost Tobacco Fund established within such association under

section 1445-1 of this title.

(c) Establishment of No Net Cost Tobacco Account within Commodity

Credit Corporation; disposition of amounts in No Net Cost

Tobacco Fund

(1) Any Account established for an association under subsection

(b)(2) of this section shall be established within the Corporation

and shall be comprised of amounts paid by producers, purchasers,

and importers under subsection (d) of this section.

(2) Upon the establishment of an Account for an association, any

amount in the No Net Cost Tobacco Fund established within such

association under section 1445-1 of this title shall be applied or

disposed of in such manner as the Secretary may approve or

prescribe, except that such amount shall, to the extent necessary,

first be applied or used for the purposes therefor prescribed in

such section.

(d) Payment of assessments to Corporation for deposit into Account;

determination and adjustment of amounts; collection

(1)(A) If an Account is established for an association under

subsection (b)(2) of this section, then the Secretary shall require

(in lieu of any requirement under section 1445-1(d)(1) of this

title) that each producer of the kind of tobacco involved whose

farm is within such association's area shall, as a condition of

eligibility for price support, agree, with respect to all of such

kind of tobacco marketed by the producer from the farm, to pay to

the Corporation, for deposit in such association's Account,

marketing assessments as determined under paragraph (2) and

collected under paragraph (3).

(B) The Secretary shall also require (in lieu of any requirement

under section 1445-1(d)(1) of this title) that each purchaser of

Flue-cured and Burley quota tobacco shall pay to the Corporation,

for deposit in the Account of such association, an assessment, as

determined under paragraph (2) and collected under paragraph (3),

with respect to purchases of all such kind of tobacco marketed by a

producer from a farm (including purchases of such tobacco from the

1986 and subsequent crops from the association).

(C) The Secretary shall also require (in lieu of any requirement

under section 1445-1(d)(1) of this title) that each importer of

Flue-cured and Burley tobacco shall pay to the Corporation, for

deposit in the Account of the association, an assessment, as

determined under paragraph (2) and collected under paragraph (3),

with respect to purchases of all such kinds of tobacco imported by

the importer.

(2)(A) For purposes of paragraph (1), the Secretary shall

determine and adjust from time to time, in consultation with such

association, the amount of the marketing assessment which shall be

imposed, as a condition of eligibility for price support, on each

pound of the kind of tobacco involved marketed by a producer from a

farm within such association's area and the amount of the

assessment to be paid by purchasers of tobacco. The amount of the

assessment to be paid by producers and purchasers shall be

determined in such a manner that producers and purchasers share

equally, to the maximum extent practicable, in maintaining the

Account of an association. In making such determination with

respect to the assessment of a purchaser, only 1985 and subsequent

crops of Flue-cured and Burley quota tobacco shall be taken into

account. The amount of the assessment shall be equal to an amount

which, when collected, will result in an accumulation of an Account

for such association adequate to reimburse the Corporation for any

net losses which the Corporation may sustain under its loan

agreements with such association, based on reasonable estimates of

the amounts which the Corporation will lend to such association

under such agreements and the proceeds which will be realized from

the sales of the kind of tobacco involved which are pledged to the

Corporation by such association as security for loans.

Notwithstanding the foregoing provisions of this paragraph, the

amount of any assessment that is determined by the Secretary for

the 1986 and subsequent crops of Burley quota tobacco shall be

determined without regard to any net losses that the Corporation

may sustain under the loan agreements of the Corporation with such

association with respect to the 1983 crop of such tobacco.

(B) With respect to the 1985 crop of Burley tobacco, for the

purposes of paragraph (1), the marketing assessment shall not be

more than 4 cents per pound.

(C) The amount of the assessment to be paid by importers shall be

an amount that is equal to the product obtained by multiplying -

(i) the number of pounds of tobacco that is imported by the

importer; by

(ii) the sum of the amount of per pound producer and purchaser

assessments that are payable by domestic producers and purchasers

of the respective kind of tobacco under this paragraph.

(3)(A) Except as provided in subparagraphs (B) and (C), any

assessment to be paid by a producer or a purchaser under paragraph

(1) shall be collected from the person who acquired the tobacco

involved from such producer, except that if the tobacco is marketed

by sale, an amount equal to the producer assessment may be deducted

by the purchaser from the price paid to such producer.

(B) If tobacco of the kind for which an Account is established is

marketed by a producer through a warehouseman or agent, both the

producer and the purchaser assessment shall be collected from such

warehouseman or agent, who may -

(i) deduct an amount equal to the producer assessment from the

price paid to the producer; and

(ii) add an amount equal to the purchaser assessment to the

price paid by the purchaser.

(C) If tobacco of the kind for which an Account is established is

marketed by a producer directly to any person outside the United

States, both the producer and the purchaser assessment shall be

collected from the producer, who may add an amount equal to the

purchaser assessment to the price paid by the purchaser.

(D) If Flue-cured or Burley tobacco is imported by an importer,

any importer assessment required by subsection (d) of this section

shall be collected from the importer.

(e) Deposits into Account; insurance against net losses

Amounts deposited in an Account established for an association

shall be used by the Secretary for the purpose of ensuring, insofar

as practicable, that the Corporation under its loan agreements with

such association will suffer, with respect to the crop involved, no

net losses (including, but not limited to, recovery of the amount

of loans extended to cover the overhead costs of the association),

after any net gains are applied to net losses of the Corporation

pursuant to subsection (h) of this section.

(f) Suspension of payment and collection of marketing assessments

The Secretary shall provide, in any loan agreement between the

Corporation and an association for which an Account has been

established under subsection (b)(2) of this section, that if the

Secretary determines that the amount in such Account or the net

gains referred to in subsection (h) of this section exceed the

amounts necessary for the purposes of this section, then the

Secretary, in consultation with such association, may suspend the

payment and collection of marketing assessments under this section

upon terms and conditions established by the Secretary.

(g) Disposition of amounts in Account in the event of termination

of loan agreement or account or dissolution or merger of

association

With respect to any association for which an Account is

established under subsection (b)(2) of this section, if a loan

agreement between the Corporation and such association is

terminated, if such association is dissolved or merges with another

association that has entered into a loan agreement with the

Corporation to make price support available to producers of the

kind of tobacco involved, or if such Account terminates by

operation of law, then amounts in such Account and the net gains

referred to in subsection (h) of this section shall be applied to

or disposed of in such manner as the Secretary may prescribe,

except that they shall, to the extent necessary, first be applied

to or used for the purposes therefor prescribed in this section.

(h) Net gains

The provisions of section 1445-1(d)(5) of this title relating to

net gains shall apply to any loan agreement between an association

and the Corporation entered into upon or after the establishment of

an Account for such association under subsection (b)(2) of this

section.

(i) Regulations

The Secretary shall issue regulations necessary to carry out the

provisions of this section.

(j) Failure to collect assessment; marketing penalty; civil action

for review of penalty

(1)(A) Each person who fails to collect any assessment as

required by subsection (d)(3) of this section and remit such

assessment to the Corporation, at such time and in such manner as

may be prescribed by the Secretary, shall be liable, in addition to

any amount due, to a marketing penalty at a rate equal to 75

percent of the average market price (calculated to the nearest

whole cent) for the kind of tobacco involved for the immediately

preceding year on the quantity of tobacco as to which the failure

occurs.

(B) Each importer who fails to pay to the Corporation an

assessment as required by subsection (d) of this section at such

time and in such manner as may be prescribed by the Secretary,

shall be liable, in addition to any amount due, to a marketing

penalty at a rate equal to 75 percent of the average market price

(calculated to the nearest whole cent) for the respective kind of

tobacco for the immediately preceding year on the quantity of

tobacco as to which the failure occurs.

(C) The Secretary may reduce any such marketing penalty in such

amount as the Secretary determines equitable in any case in which

the Secretary determines that the failure was unintentional or

without knowledge on the part of the person concerned.

(D) Any penalty provided for under this paragraph shall be

assessed by the Secretary after notice and opportunity for a

hearing.

(2)(A) Any person against whom a penalty is assessed under this

subsection may obtain review of such penalty in an appropriate

district court of the United States by filing a civil action in

such court not later than 30 days after such penalty is imposed.

(B) The Secretary shall promptly file in such court a certified

copy of the record on which the penalty is based.

(3) The district courts of the United States shall have

jurisdiction to review and enforce any penalty imposed under this

subsection.

(4) An amount equivalent to any penalty collected by the

Secretary under this subsection shall be transmitted by the

Secretary to the Corporation, for deposit in the Account of the

appropriate association.

(5) The remedies provided in this subsection shall be in addition

to, and not exclusive of, other remedies that may be available.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 106B, as added Pub. L.

97-218, title III, Sec. 301, July 20, 1982, 96 Stat. 207; amended

Pub. L. 98-180, title II, Sec. 204, Nov. 29, 1983, 97 Stat. 1145;

Pub. L. 99-157, Sec. 6(b), Nov. 15, 1985, 99 Stat. 818; Pub. L.

99-272, title I, Sec. 1108(b), Apr. 7, 1986, 100 Stat. 94; Pub. L.

103-66, title I, Sec. 1106(b)(3), Aug. 10, 1993, 107 Stat. 322.)

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(1). Pub. L. 103-66, Sec. 1106(b)(3)(A),

substituted '', purchasers, and importers'' for ''and purchasers''.

Subsec. (d). Pub. L. 103-66, Sec. 1106(b)(3)(B)-(D), in par. (1)

designated first and second sentences as subpars. (A) and (B),

respectively, and added subpar. (C), in par. (2) added subpar. (C),

and in par. (3) added subpar. (D).

Subsec. (j)(1)(B) to (D). Pub. L. 103-66, Sec. 1106(b)(3)(E),

added subpar. (B) and redesignated former subpars. (B) and (C) as

(C) and (D), respectively.

1986 - Subsec. (a)(8). Pub. L. 99-272, Sec. 1108(b)(1), added

par. (8).

Subsec. (c)(1). Pub. L. 99-272, Sec. 1108(b)(2), inserted ''and

purchasers'' after ''producers''.

Subsec. (d)(1). Pub. L. 99-272, Sec. 1108(b)(3)(A), inserted

provision relating to an assessment, in lieu of any requirement

under section 1445-1 of this title, to be deposited in the Account

of such association, with respect to purchases of all such kind of

tobacco marketed by a producer from a farm, including purchases of

such tobacco from the 1986 and subsequent crops from the

association.

Subsec. (d)(2)(A). Pub. L. 99-272, Sec. 1108(b)(3)(B), (C),

substituted ''area and the amount of the assessment to be paid by

purchasers of tobacco. The amount of the assessment to be paid by

producers and purchasers shall be determined in such a manner that

producers and purchasers share equally, to the maximum extent

practicable, in maintaining the Account of an association. In

making such determination with respect to the assessment of a

purchaser, only 1985 and subsequent crops of Flue-cured and Burley

quota tobacco shall be taken into account. The amount of the

assessment'' for ''area. Such amount'', and inserted provision that

amount of assessment for 1986 and subsequent crops of Burley

tobacco be determined without regard to any net losses sustained

under the loan agreements of the Corporation with such association

with respect to the 1983 crop.

Subsec. (d)(3). Pub. L. 99-272, Sec. 1108(b)(3)(D), amended par.

(3) generally. Prior to amendment, par. (3) read as follows:

''(A) Except as provided in subparagraph (B), any marketing

assessment to be paid by a producer under paragraph (1) shall be

collected from the person who acquired the tobacco involved from

such producer but an amount equal to such assessment may be

deducted by the purchaser from the price paid to such producer in

case such tobacco is marketed by sale.

''(B) If tobacco of the kind for which an Account is established

is marketed by a producer through a warehouseman or other agent,

then such assessment shall be collected from such warehouseman or

agent who may deduct an amount equal to such assessment from the

price paid to the producer. If tobacco of the kind for which an

Account is established is marketed by a producer directly to any

person outside the United States, such assessment shall be

collected from the producer.''

Subsec. (j). Pub. L. 99-272, Sec. 1108(b)(4), added subsec. (j).

1985 - Subsec. (d)(2). Pub. L. 99-157 designated existing

provisions as subpar. (A) and added subpar. (B).

1983 - Subsec. (a)(1). Pub. L. 98-180, Sec. 204(1), struck out

'', except that the term does not include such an association that

has entered into such an agreement to make price support available

to producers of Flue-cured tobacco'' after ''kind of tobacco''.

Subsec. (a)(5). Pub. L. 98-180, Sec. 204(2), struck out ''except

Flue-cured tobacco'' after ''kind of tobacco''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1108(b) of Pub. L. 98-272 provided that the amendment

made by that section is effective for 1986 and subsequent crops of

tobacco.

EFFECTIVE DATE

Section 301 of Pub. L. 97-218 provided that this section is

effective for the 1982 and subsequent crops of all kinds of

tobacco, except Flue-cured tobacco.

WAIVER AUTHORITY OF PRESIDENT

For authority of President to waive application of this section

to imported tobacco if President determines that waiver is

necessary or appropriate pursuant to an international agreement

entered into by United States, see section 422(c) of Pub. L.

103-465, set out as a note under section 1445 of this title.

RULEMAKING PROCEDURES

Secretary of Agriculture to implement amendments by Pub. L.

99-272 without regard to provisions requiring notice and other

procedures for public participation in rulemaking contained in

section 553 of Title 5, Government Organization and Employees, or

in any other directive of the Secretary, see section 1108(c) of

Pub. L. 99-272, set out as a note under section 1301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1314, 1314h, 1445 of this

title.

-CITE-

7 USC Sec. 1445-3 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445-3. Purchase of inventory stock

-STATUTE-

Notwithstanding any other provision of law, in order to reduce or

eliminate the excessive inventories of Flue-cured and Burley

tobacco held by associations from the 1976 through 1984 crops, and

in order to provide for the orderly disposition of such excessive

inventories of tobacco in a manner that will not disrupt the

orderly marketing of new tobacco crops and will minimize any losses

to the Federal Government:

(a) Sale of inventory stock

(1) The producer-owned cooperative marketing association that has

entered into a loan agreement with the Commodity Credit Corporation

to make price support available to producers of Flue-cured tobacco

shall offer to sell the stocks of Flue-cured tobacco of the

association from the 1976 through 1984 crops as provided in this

section.

(2) Each producer-owned cooperative marketing association that

has entered into a loan agreement with the Commodity Credit

Corporation to make price support available to producers of Burley

tobacco shall offer to sell its stocks of Burley tobacco from the

1982 and 1984 crops as provided in this section.

(3)(A)(i) Not later than 30 days after April 7, 1986, the

Commodity Credit Corporation shall acquire title to the Burley

tobacco from the 1983 crop that is pledged as security for loans on

such tobacco by calling the loans on such tobacco.

(ii) The Corporation shall, then, offer such tobacco for sale at

such times, in such quantities, and subject to such conditions as

the Corporation considers appropriate.

(B) If the Commodity Credit Corporation has not sold all of the

stocks of the 1983 crop of Burley tobacco within 2 years from the

date the Corporation calls the loans on such tobacco, the

Corporation may offer to sell to domestic manufacturers of

cigarettes the remaining stocks of such tobacco as provided in this

section.

(b) Sale prices

(1)(A) The stocks of Flue-cured tobacco from the 1976 through

1984 crops shall be offered for sale at the base prices, including

carrying charges, in effect as of the date of the offer, reduced by

-

(i) 90 percent for Flue-cured tobacco from the 1976 through

1981 crops; and

(ii) 10 percent for Flue-cured tobacco from the 1982 through

1984 crops.

(B) The purchasers of the stocks of Flue-cured tobacco from the

1976 through 1984 crops shall pay the full carrying charges that

have accrued to such tobacco from the date of the offer made under

this section to the date that such tobacco is removed from the

inventory of the association.

(2)(A) The stocks of Burley tobacco from the 1982 crop shall be

offered for sale at the listed base price in effect as of July 1,

1985.

(B) The stocks of Burley tobacco from the 1984 crop shall be

offered for sale at the costs of the association for such tobacco

as of April 7, 1986.

(C) The purchasers of the stocks of Burley tobacco from the 1982

crop shall pay the full carrying charges that have accrued to such

tobacco.

(D) The purchasers of the stocks of Burley tobacco from the 1984

crop shall pay the full carrying charges that have accrued to such

tobacco from April 7, 1986, to the date such tobacco is removed

from the inventories of the associations.

(3)(A) After the 2-year period specified in subsection (a)(3)(B)

of this section has expired, if the Commodity Credit Corporation

offers to sell the stocks of the Corporation of Burley tobacco from

the 1983 crop to domestic manufacturers of cigarettes, such stocks

shall be offered for sale at the costs of the association,

including carrying charges, as of the date on which the Corporation

calls the loans on such tobacco, reduced by 90 percent.

(B) Neither tobacco producers nor tobacco purchasers shall be

responsible for carrying charges that accrue to the 1983 crop of

Burley tobacco after the date on which the Commodity Credit

Corporation calls the loans on such tobacco.

(c) Terms of agreements

(1)(A) Each domestic manufacturer of cigarettes may enter into

agreements to purchase inventory stocks of Flue-cured and Burley

tobacco, in accordance with this section.

(B) To be eligible for the reductions in price specified in this

section, such manufacturer shall enter into such agreements as soon

as practicable, but not later than 90 days after April 7, 1986,

except that, with respect to the 1983 crop of Burley tobacco, if

the Corporation offers to sell the stocks of such tobacco pursuant

to subsection (b)(3)(A) of this section, such agreements shall be

entered into as soon as practicable, but not later than 90 days

after the end of the 2-year period referred to in subsection

(a)(3)(B) of this section.

(C)(i) Such agreements shall provide that, over a period of time,

each participating domestic manufacturer of cigarettes shall

purchase a percentage of the stocks of Flue-cured and Burley

tobacco held -

(I) by the producer-owned cooperative marketing associations at

the close of the 1984 marketing year; or

(II) in the case of the 1983 crop of Burley tobacco, by the

Commodity Credit Corporation at the time the Corporation offers

such tobacco for sale to domestic manufacturers of cigarettes

under this section.

(ii) The period of time referred to in clause (i) may not exceed

-

(I) in the case of Flue-cured tobacco, 8 years from April 7,

1986;

(II) in the case of Burley tobacco from the 1982 and 1984

crops, 5 years from April 7, 1986; and

(III) in the case of the 1983 crop of Burley tobacco, 5 years

from the end of the 2-year period referred to in subsection

(a)(3)(B) of this section.

(2)(A)(i) The percentage to be purchased by each participating

manufacturer shall be at least equal to the respective percentage

of the participating manufacturer of the total quantity of net

cigarettes manufactured for use as determined by the Secretary of

Agriculture under this paragraph on the basis of the monthly

reports (''Manufacturer of Tobacco Products - Monthly Reports'')

submitted by manufacturers of tobacco products to the Tax and Trade

Bureau of the Department of the Treasury.

(ii) The Secretary of Agriculture shall request from the

Secretary of the Treasury copies of such monthly reports necessary

to make the determinations required under this section.

(iii) Notwithstanding any other provision of law, the Secretary

of the Treasury may release and disclose such information to the

Secretary of Agriculture.

(B) ''Net cigarettes manufactured for use'' shall be computed by

subtracting -

(i) the cumulative figures entered for large and small

cigarettes in item 16f of ATF Form 3068 (''Reduction to

tobacco''); from

(ii) the cumulative figures entered for large and small

cigarettes in item 7 of such form (''Manufactured'').

(C)(i) The percentage to be purchased by each participating

manufacturer shall be determined -

(I) on April 7, 1986; and

(II) annually thereafter over the course of the respective

buy-out periods specified in this subsection.

(ii) Such percentage shall be determined by dividing -

(I) the average net cigarettes manufactured by a manufacturer

for use for the 12-month period immediately preceding the

appropriate determination date (April 7, 1986, and annually

thereafter over the course of the respective buy-out periods

specified in this subsection); by

(II) the aggregate average net cigarettes manufactured by all

domestic cigarette manufacturers for use for such 12-month

period.

(D)(i) The quantity of tobacco to be purchased by each

participating manufacturer shall be determined annually.

(ii) Such quantity shall be based on -

(I) the percentage of net cigarettes of a manufacturer

manufactured for use, as determined under subparagraph (C);

multiplied by

(II) the appropriate annual quantity to be withdrawn from the

inventories of the associations or the Commodity Credit

Corporation.

(iii) The appropriate annual quantity to be withdrawn from

inventories shall be -

(I) 12 1/2 percent of the inventories of Flue-cured tobacco

from the 1976 through 1984 crops on hand on April 7, 1986;

(II) 20 percent of the inventories of Burley tobacco from the

1982 and 1984 crops on hand on April 7, 1986; and

(III) 20 percent of the inventories of Burley tobacco from the

1983 crop held by the Commodity Credit Corporation on the date

that is 2 years after the call of the loans on such tobacco by

the Corporation.

(E) Any purchases by a manufacturer from the inventories of the

associations or from the Commodity Credit Corporation for a crop

covered by this section in any year of the buy-out period that

exceed the quantity of the purchases of the manufacturer required

under the agreement, as determined under this section, shall be

applied against future purchases required of such manufacturer.

(3) In carrying out this section, manufacturers may confer with

one another and, separately or collectively, with associations, the

Secretary of Agriculture, and the Commodity Credit Corporation, as

may be necessary or appropriate to carry out this section and the

purposes of this subtitle. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(d) Approval of agreements

(1)(A) Each agreement entered into under this section shall be

submitted to the Secretary of Agriculture for review and approval.

(B) In the case of an agreement to purchase tobacco from the

inventory of a producer association, the agreement shall be

submitted by the association.

(C) No agreement may become effective until approved by the

Secretary.

(2) The Secretary of Agriculture shall not approve any agreement

submitted under this section unless the Secretary has determined

that -

(A) the agreement -

(i) will not unduly impair or disrupt the orderly marketing

of current and future tobacco crops during the term of the

agreement; and

(ii) is otherwise consistent with the purposes of this

subtitle; (FOOTNOTE 1) and

(B) the price and other terms of sale are uniform and

nondiscriminatory among various purchasers.

(e) Disclosure

The limitations on disclosure set forth in subsections (c) and

(d) of section 1314g of this title shall apply to information

submitted by domestic manufacturers of cigarettes under this

section with respect to net cigarettes manufactured for use,

including information provided on ATF Form 3068. Any officer or

employee of the Department of Agriculture who violates such

limitations on disclosure shall be subject to the penalties set

forth in section 1314g(c)(4) of this title.

-SOURCE-

(Pub. L. 99-272, title I, Sec. 1109, Apr. 7, 1986, 100 Stat. 95;

Pub. L. 107-296, title XI, Sec. 1112(b), Nov. 25, 2002, 116 Stat.

2276.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in subsecs. (c)(3) and (d)(2)(A)(ii),

is subtitle B (Sec. 1101-1112) of title I of Pub. L. 99-272, Apr.

7, 1986, 100 Stat. 83, which enacted sections 1314g, 1314h, and

1445-3 of this title, amended sections 511d, 1301, 1312, 1314c,

1314e, 1372, 1445, 1445-1, and 1445-2 of this title, and enacted

provisions set out as notes under sections 1301, 1314c, 1314e,

1314g, 1314h, 1372, 1445, 1445-1, and 1445-2 of this title. For

complete classification of this subtitle to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Consolidated Omnibus Budget

Reconciliation Act of 1985, and not as part of the Agricultural Act

of 1949 which is classified principally to this chapter. For

complete classification of the 1949 Act to the Code, see Short

Title note set out under section 1421 of this title and Tables.

-MISC3-

AMENDMENTS

2002 - Subsec. (c)(2)(A)(i). Pub. L. 107-296 substituted ''by

manufacturers of tobacco products to the Tax and Trade Bureau'' for

''(on ATF Form 3068) by manufacturers of tobacco products to the

Bureau of Alcohol, Tobacco and Firearms''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

RULEMAKING PROCEDURES

For implementation of this section by the Secretary of

Agriculture without regard to provisions requiring notice and other

procedures for public participation in rulemaking contained in

section 553 of Title 5, Government Organization and Employees, or

in any other directive of the Secretary, see section 1108(c) of

Pub. L. 99-272, set out as a note under section 1301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1445 of this title.

-CITE-

7 USC Sec. 1445a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445a. Wheat price support levels; ''cooperator'' defined

-STATUTE-

Notwithstanding the provisions of section 1441 of this title,

beginning with the 1964 crop -

(1) Price support for wheat accompanied by domestic

certificates shall be at such level not less than 65 per centum

or more than 90 per centum of the parity price therefor as the

Secretary determines appropriate, taking into consideration the

factors specified in section 1421(b) of this title.

(2) Price support for wheat accompanied by export certificates

shall be at such level not more than 90 per centum of the parity

price therefor as the Secretary determines appropriate, taking

into consideration the factors specified in section 1421(b) of

this title.

(3) Price support for wheat not accompanied by marketing

certificates shall be at such level, not in excess of 90 per

centum of the parity price therefor, as the Secretary determines

appropriate, taking into consideration competitive world prices

of wheat, the feeding value of wheat in relation to feed grains,

and the level at which price support is made available for feed

grains.

(4) Price support shall be made available only to cooperators:

and, if a commercial wheat-producing area is established for such

crop, price support shall be made available only in the

commercial wheat-producing area.

(5) Effective with respect to crops planted for harvest in the

calendar year 1966 and any subsequent year, the level of price

support for any crop of wheat for which a national marketing

quota is not proclaimed or for which marketing quotas have been

disapproved by producers shall be as provided in section 1441 of

this title.

(6) A ''cooperator'' with respect to any crop of wheat produced

on a farm shall be a producer who (i) does not knowingly exceed

(A) the farm acreage allotment for wheat on the farm or (B)

except as the Secretary may by regulation prescribe, the farm

acreage allotment for wheat on any other farm on which the

producer shares in the production of wheat, and (ii) complies

with the land-use requirements of section 1339 of this title, to

the extent prescribed by the Secretary. Effective with respect to

crops planted for harvest in the calendar year 1966 and any

subsequent year, if marketing quotas are not in effect for the

crop of wheat, a ''cooperator'' with respect to any crop of wheat

produced on a farm shall be a producer who does not knowingly

exceed the farm acreage allotment for wheat. No producer shall

be deemed to have exceeded a farm acreage allotment for wheat if

the entire amount of the farm marketing excess is delivered to

the Secretary or stored in accordance with applicable regulations

to avoid or postpone payment of the penalty, but the producer

shall not be eligible to receive price support on such marketing

excess. No producer shall be deemed to have exceeded the farm

acreage allotment for wheat on any other farm, if such farm is

exempt from the farm marketing quota for such crop under section

1335 of this title. No producer shall be deemed to have exceeded

a farm acreage allotment for wheat if the production on the

acreage in excess of the farm acreage allotment is stored

pursuant to the provisions of section 1379c(b) of this title, but

the producer shall not be eligible to receive price support on

the wheat so stored.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 107, as added Pub. L.

87-703, title III, Sec. 325(1), Sept. 27, 1962, 76 Stat. 630;

amended Pub. L. 88-297, title II, Sec. 203, Apr. 11, 1964, 78 Stat.

182; Pub. L. 89-321, title V, Sec. 506, Nov. 3, 1965, 79 Stat.

1203; Pub. L. 90-559, Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub.

L. 91-524, title IV, Sec. 401, Nov. 30, 1970, 84 Stat. 1362; Pub.

L. 93-86, Sec. 1(8), Aug. 10, 1973, 87 Stat. 224; Pub. L. 93-125,

Sec. 1(b), Oct. 18, 1973, 87 Stat. 450; Pub. L. 93-228, Sec. 1(a),

Dec. 29, 1973, 87 Stat. 944.)

-MISC1-

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-86, Sec. 1(8)(A), temporarily

amended subsec. (a) generally, substituting ''$1.37 per bushel''

for ''$1.25 per bushel''. See Effective and Termination Dates of

1970 and 1973 Amendment notes below.

Subsec. (b). Pub. L. 93-86, Sec. 1(8)(B), temporarily substituted

''payments'' for ''certificates''. See Effective and Termination

Dates of 1970 and 1973 Amendment notes below.

Subsec. (c). Pub. L. 93-228 substituted ''(or of cotton, corn,

grain sorghums, or barley planted in lieu of wheat)'' for ''(or

other nonconserving crop planted instead of wheat)'', in two

places.

Pub. L. 93-125 substituted ''prevented from planting any

portion'' for ''prevented from planting, any portion''.

Pub. L. 93-86, Sec. 1(8)(C), (D), temporarily added subsec. (c).

See Effective and Termination Dates of 1970 and 1973 Amendment

notes below.

1970 - Pub. L. 91-524 temporarily revised section into subsecs.

(a) and (b) which provided for loans on wheat at such levels not in

excess of the parity price as the Secretary determines appropriate,

taking into consideration competitive world prices of wheat, the

feeding value of wheat in relation to feed grains, and the level at

which price support is made available for feed grains, provided

that, if a set-aside program is in effect, program benefits would

be made available only to producers who comply with such set-aside

program, and placed a floor on the loan of $1.25 per bushel. See

Effective and Termination Dates of 1970 Amendment note below.

1968 - Subsec. (2). Pub. L. 90-559 provided for a one year

extension through 1970.

1965 - Pub. L. 89-321 temporarily raised the wheat support level

to 100 per centum of parity or as near to 100 per centum as the

Secretary determines to be practicable, placed a floor of 100 per

centum of parity for wheat accompanied by marketing certificates

and $1.25 for wheat not so accompanied under the 1966 crop,

guaranteed to cooperators for 1967 through 1969 crops a total

average rate of return per bushel of not less than the total

average rate of return per bushel made available to cooperators

through loans and domestic marketing certificates for the 1966 crop

where the diversion factor is not less than 10 per centum, and

eliminated reference to classification as cooperators of producers

who do not knowingly exceed the farm acreage allotment for wheat in

cases where marketing quotas are not in effect. See Effective and

Termination Dates of 1965 Amendment note below.

1964 - Subsec. (1). Pub. L. 88-297 substituted ''domestic

certificates'' for ''marketing certificates''.

Subsec. (2). Pub. L. 88-297 added subsec. (2). Former subsec. (2)

redesignated (3).

Subsec. (3). Pub. L. 88-297 redesignated former subsec. (2) as

(3), struck out introductory clause ''if marketing quotas are in

effect for wheat'', and inserted ''not in excess of 90 per centum

of the parity price therefor.'' Former subsec. (3) redesignated

(4).

Subsec. (4). Pub. L. 88-297 redesignated former subsec. (3) as

(4). Former subsec. (4) redesignated (5).

Subsec. (5). Pub. L. 88-297 redesignated former subsec. (4) as

(5) and inserted introductory phrase ''Effective with respect to

crops planted for harvest in the calendar year 1966 and any

subsequent year,''. Former subsec. (5) redesignated (6).

Subsec. (6). Pub. L. 88-297 redesignated former subsec. (5) as

(6), struck out introductory clause ''if marketing quotas are in

effect for the crop of wheat'', struck out from cl. (i)(A) ''or any

other commodity'' after ''wheat'', substituted in cl. (i)(B) ''the

farm acreage allotment for wheat on any other farm on which the

producer shares in the production of wheat'' for ''the farm acreage

allotment on any other farm for any commodity in which he has an

interest as a producer'', inserted ''Effective with respect to

crops planted for harvest in the calendar year 1966 and any

subsequent year,'' before ''if marketing quotas'', and inserted

provision for deeming a producer as not having exceeded a farm

acreage allotment for wheat if the production on the acreage in

excess of the farm acreage allotment is stored pursuant to section

1379c(b) of this title, but making the producer ineligible to

receive price support on the wheat so stored.

EFFECTIVE AND TERMINATION DATES OF 1973 AMENDMENT

Section 1(8) of Pub. L. 93-86 provided that the amendment made by

that section is effective beginning with 1974 crop.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Section 401 of Pub. L. 91-524, as amended by section 1(8) of Pub.

L. 93-86, provided that the amendment made by that section is

effective only with respect to 1971 through 1977 crops of wheat.

EFFECTIVE AND TERMINATION DATES OF 1965 AMENDMENT

Section 506 of Pub. L. 89-321, as amended by Pub. L. 90-559, Sec.

1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made

by that section is effective only with respect to 1966 through 1970

crops.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(4) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(D) of this title.

Pub. L. 101-624, title III, Sec. 305, Nov. 28, 1990, 104 Stat.

3400, provided that: ''Section 107 of the Agricultural Act of 1949

(7 U.S.C. 1445a) shall not be applicable to the 1991 through 1995

crops of wheat.''

Pub. L. 99-198, title III, Sec. 312, Dec. 23, 1985, 99 Stat.

1395, provided that: ''Section 107 of the Agricultural Act of 1949

(7 U.S.C. 1445a) shall not be applicable to the 1986 through 1990

crops of wheat.''

Pub. L. 97-98, title III, Sec. 305, Dec. 22, 1981, 95 Stat. 1227,

provided that: ''Section 107 of the Agricultural Act of 1949 (this

section) shall not be applicable to the 1982 through 1985 crops of

wheat.''

Pub. L. 95-113, title IV, Sec. 409, Sept. 29, 1977, 91 Stat. 928,

provided that: ''Section 107 of the Agricultural Act of 1949, as

amended (this section), shall not be applicable to the 1977 through

1981 crops of wheat.''

Pub. L. 95-113, title IV, Sec. 410, Sept. 29, 1977, 91 Stat. 928,

provided that: ''Except as otherwise provided in section 401 of

this Act (enacting section 1445b(a)-(c) of this title effective

only for the 1977 through 1981 crops of wheat), section 107 of the

Agricultural Act of 1949, as added by the Agricultural Act of 1970,

as amended (this section as amended by Pub. L. 91-524, as amended),

to be effective only for the 1974 through 1977 crops of wheat,

shall not be applicable to the 1977 crop of wheat.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1379c, 7301, 7992 of this

title.

-CITE-

7 USC Sec. 1445b, 1445b-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b, 1445b-1. Repealed. Pub. L. 101-624, title III, Sec.

301(1), Nov. 28, 1990, 104 Stat. 3382

-MISC1-

Section 1445b, act Oct. 31, 1949, ch. 792, title I, Sec. 107A, as

added Sept. 29, 1977, Pub. L. 95-113, title IV, Sec. 401, 402, 91

Stat. 921, 924; amended Mar. 18, 1980, Pub. L. 96-213, Sec. 3,

4(d), 94 Stat. 119, 120; Sept. 26, 1980, Pub. L. 96-365, title II,

Sec. 201(d), 94 Stat. 1320; Dec. 3, 1980, Pub. L. 96-494, title II,

Sec. 202(b), 94 Stat. 2570, related to loan rates and target prices

for the 1977 through 1981 crops of wheat.

Section 1445b-1, act Oct. 31, 1949, ch. 792, title I, Sec. 107B,

as added Dec. 22, 1981, Pub. L. 97-98, title III, Sec. 301, 95

Stat. 1221; Sept. 8, 1982, Pub. L. 97-253, title I, Sec. 121, 122,

96 Stat. 768; amended Sept. 29, 1983, Pub. L. 98-100, Sec. 1(b), 97

Stat. 718; Apr. 10, 1984, Pub. L. 98-258, title I, Sec. 101-103, 98

Stat. 130, 131, related to loan rates and target prices for 1982

through 1985 wheat crops.

EFFECTIVE DATE OF REPEAL

Repeal effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as an Effective Date of 1990 Amendment note

under section 1421 of this title.

-CITE-

7 USC Sec. 1445b-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b-2. Transferred

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107C, as added

Sept. 8, 1982, Pub. L. 97-253, title I, Sec. 120, 96 Stat. 766, and

amended, which related to advance deficiency and diversion

payments, was renumbered section 114 of act Oct. 31, 1949, by Pub.

L. 101-624, title XI, Sec. 1161(a)(1), Nov. 28, 1990, 104 Stat.

3520, and transferred to section 1445j of this title.

-CITE-

7 USC Sec. 1445b-3 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b-3. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107A, formerly

Sec. 107D, as added Dec. 23, 1985, Pub. L. 99-198, title III, Sec.

308, 99 Stat. 1383; amended Feb. 28, 1986, Pub. L. 99-253, Sec. 1,

100 Stat. 36; Mar. 20, 1986, Pub. L. 99-260, Sec. 2(a), 7(a), 100

Stat. 45, 50; Oct. 18, 1986, Pub. L. 99-500, Sec. 152, 100 Stat.

1783-352, and Oct. 30, 1986, Pub. L. 99-591, Sec. 152, 100 Stat.

3341-355; Nov. 10, 1986, Pub. L. 99-641, title II, Sec. 202, 100

Stat. 3563; May 27, 1987, Pub. L. 100-45, Sec. 2, 101 Stat. 318;

Dec. 22, 1987, Pub. L. 100-203, title I, Sec. 1101(a), 1102(a),

1111, 1113(a), 1201, 101 Stat. 1330-1, 1330-2, 1330-7, 1330-8,

1330-10; renumbered Sec. 107A, Nov. 28, 1990, Pub. L. 101-624,

title III, Sec. 301(2), 104 Stat. 3382, related to loan rates and

target prices. See Effective and Termination Dates note below.

A prior section 107A of act Oct. 31, 1949, ch. 792, title I, as

added Sept. 29, 1977, Pub. L. 95-113, title IV, Sec. 401, 402, 91

Stat. 921, 924, was classified to section 1445b of this title,

prior to repeal by section 301(1) of Pub. L. 101-624.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 308 of Pub. L. 99-198 provided that this section is

effective only for the 1986 through 1990 crops of wheat.

-CITE-

7 USC Sec. 1445b-3a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b-3a. Repealed. Pub. L. 104-127, title I, Sec.

171(b)(2)(D), Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107B, as added

Nov. 28, 1990, Pub. L. 101-624, title III, Sec. 301(3), 104 Stat.

3382; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1101(a),

1102(a), 104 Stat. 1388-1; Dec. 13, 1991, Pub. L. 102-237, title I,

Sec. 102(d), 103(b), 106(d), 113(6), 105 Stat. 1822, 1823, 1826,

1837; Aug. 10, 1993, Pub. L. 103-66, title I, Sec. 1102, 107 Stat.

314; Oct. 13, 1994, Pub. L. 103-354, title I, Sec. 119(a)(5), 108

Stat. 3207, related to loans, payments, and acreage reduction

programs for 1991 through 1995 crops of wheat.

-CITE-

7 USC Sec. 1445b-4 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b-4. Transferred

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107E, as added

Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1005, 99 Stat. 1448,

and amended, which related to payments in commodities, was

renumbered section 115 of act Oct. 31, 1949, by Pub. L. 101-624,

title XI, Sec. 1161(a)(1), Nov. 28, 1990, 104 Stat. 3520, and

transferred to section 1445k of this title.

-CITE-

7 USC Sec. 1445b-5 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445b-5. Repealed. Pub. L. 101-624, title XI, Sec. 1161(a)(2),

Nov. 28, 1990, 104 Stat. 3520

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 107F, as added

Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1006, 99 Stat. 1448,

related to export certificate programs for 1986 through 1990 crops

of wheat and feed grains.

EFFECTIVE DATE OF REPEAL

Repeal effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as an Effective Date of 1990 Amendment note

under section 1421 of this title.

-CITE-

7 USC Sec. 1445c, 1445c-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445c, 1445c-1. Repealed. Pub. L. 101-624, title VIII, Sec.

806(1), Nov. 28, 1990, 104 Stat. 3475

-MISC1-

Section 1445c, act Oct. 31, 1949, ch. 792, title I, Sec. 108, as

added Sept. 29, 1977, Pub. L. 95-113, title VIII, Sec. 807, 91

Stat. 947, related to price support program for 1978 through 1981

crops of peanuts.

Section 1445c-1, act Oct. 31, 1949, ch. 792, title I, Sec. 108A,

as added Dec. 22, 1981, Pub. L. 97-98, title VII, Sec. 705, 95

Stat. 1254, related to price support program for 1982 through 1985

crops of peanuts.

EFFECTIVE DATE OF REPEAL

Repeal effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as an Effective Date of 1990 Amendment note

under section 1421 of this title.

-CITE-

7 USC Sec. 1445c-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445c-2. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 108A, formerly

Sec. 108B, as added Dec. 23, 1985, Pub. L. 99-198, title VII, Sec.

705, 99 Stat. 1439; amended Oct. 18, 1986, Pub. L. 99-500, Sec.

101(a) (title VI, Sec. 639), 100 Stat. 1783, 1783-35, and Oct. 30,

1986, Pub. L. 99-591, Sec. 101(a) (title VI, Sec. 639), 100 Stat.

3341, 3341-35; Nov. 10, 1986, Pub. L. 99-641, title II, Sec. 203,

100 Stat. 3563; Dec. 22, 1987, Pub. L. 100-203, title I, Sec.

1104(b), 101 Stat. 1330-4; renumbered Sec. 108A, Nov. 28, 1990,

Pub. L. 101-624, title VIII, Sec. 806(2), 104 Stat. 3475; Dec. 13,

1991, Pub. L. 102-237, title I, Sec. 117(b)(1)(A), 105 Stat. 1841,

related to price support, loans, purchases, and other operations,

and national average quota support rate. See Effective and

Termination Dates note below.

-MISC3-

EFFECTIVE AND TERMINATION DATES

Section 705 of Pub. L. 99-198 provided that this section is

effective only for the 1986 through 1990 crops of peanuts.

-CITE-

7 USC Sec. 1445c-3 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445c-3. Repealed. Pub. L. 104-127, title I, Sec.

171(b)(2)(E), Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 108B, as added

Nov. 28, 1990, Pub. L. 101-624, title VIII, Sec. 806(3), 104 Stat.

3475; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1105(b),

104 Stat. 1388-3; Dec. 13, 1991, Pub. L. 102-237, title I, Sec.

117(b)(1)(B), 105 Stat. 1841; Aug. 10, 1993, Pub. L. 103-66, title

I, Sec. 1109(a), 107 Stat. 325, related to price support program

for 1991 through 1997 crops of peanuts.

-CITE-

7 USC Sec. 1445d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445d. Special wheat acreage grazing and hay program for 1978

through 1990 crop years

-STATUTE-

Notwithstanding any other provision of law -

(a) Authorization for program; acreage designation; payment

The Secretary is authorized to administer a special wheat acreage

grazing and hay program (hereinafter in this section referred to as

the ''special program'') in each of the crop years 1978 through

1990. If a special program is implemented, a producer shall be

permitted to designate, under such regulations as established by

the Secretary, a portion of the acreage on the farm intended to be

planted to wheat, feed grains, or upland cotton for harvest, not in

excess of 40 per centum thereof, or 50 acres, whichever is greater,

which shall be planted to wheat (or some other commodity other than

corn or grain sorghum) and used by the producer for grazing

purposes or hay rather than for commercial grain production. A

producer who elects to participate in the special program shall

receive a payment as provided in subsection (c) of this section.

(b) Specific farm acreage

Any producer who elects to participate in the special program

under this section shall designate the specific acreage on the farm

which is to be used for the purposes set forth in subsection (a) of

this section. No crop other than hay may be harvested from acreage

included in the special program.

(c) Determination of payment

The Secretary shall pay the producer participating in the special

program an amount determined by multiplying the farm program

payment yield for wheat established for the farm, by the number of

acres included in the special program, by a rate of payment

determined by the Secretary to be fair and reasonable. The

producer shall not be eligible for any other payment or price

support on any portion of the acreage for the farm which the

producer elects to include in the special program.

(d) Other acreage set-aside programs

Acreage included in the special program shall be in addition to

any acreage included in any acreage set-aside, reduced acreage, or

land diversion program otherwise provided for by law.

(e) Rules and regulations

The Secretary is authorized to issue such regulations as the

Secretary determines necessary to carry out the provisions of this

section.

(f) Commodity Credit Corporation

The Secretary shall carry out the special program through the

Commodity Credit Corporation.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 109, as added Pub. L.

95-113, title X, Sec. 1004, Sept. 29, 1977, 91 Stat. 950; amended

Pub. L. 97-98, title XI, Sec. 1110, Dec. 22, 1981, 95 Stat. 1267;

Pub. L. 99-198, title X, Sec. 1015, Dec. 23, 1985, 99 Stat. 1457.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-198 substituted ''1990'' for

''1985''.

1981 - Subsec. (a). Pub. L. 97-98, Sec. 1110(1), (2), substituted

''1985'' for ''1981'' and ''If a special program is implemented''

for ''Under the special program''.

Subsec. (d). Pub. L. 97-98, Sec. 1110(3), inserted '', reduced

acreage, or land diversion''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 1901 of Pub. L.

95-113, set out as an Effective Date of 1977 Amendment note under

section 1307 of this title.

-CITE-

7 USC Sec. 1445e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445e. Farmer owned reserve program

-STATUTE-

(a) In general

The Secretary shall formulate and administer a farmer owned

reserve program under which producers of wheat and feed grains will

be able to store wheat and feed grains when the commodities are in

abundant supply, extend the time period for the orderly marketing

of the commodities, and provide for adequate carryover stocks to

ensure a reliable supply of the commodities.

(b) Terms of program

(1) Price support loans

In carrying out this program, the Secretary shall provide

extended price support loans for wheat and feed grains. An

extended loan shall only be made to a producer after the

expiration of a 9-month price support loan (hereafter in this

section referred to as the ''original loan'') made in accordance

with this subchapter.

(2) Level of loans

Loans made under this section shall not be less than the then

current level of support under the wheat and feed grain programs

established under this subchapter.

(3) Other terms and conditions

The Secretary shall provide for -

(A) repayment of the extended price support loan 27 months

from the date on which the original loan expired unless, at the

discretion of the Secretary, the loan has been extended for one

6-month period;

(B) a rate of interest as provided under subsection (c) of

this section; and

(C) payments to producers for storage as provided in

subsection (d) of this section.

(4) Regional differences

The Secretary shall ensure that producers are afforded a fair

and equitable opportunity to participate in the program

established under this section, taking into account regional

differences in the time of harvest.

(c) Interest charges

(1) Levying of interest

The Secretary may charge interest on loans under this section

whenever the price of wheat or feed grains is equal to or exceeds

105 percent of the then current established price for the

commodity.

(2) 90-day period

If interest is levied on the loans under paragraph (1), the

interest may be charged for a period of 90 days after the last

day on which the price of wheat or feed grains was equal to or in

excess of 105 percent of the established price for the

commodities.

(3) Rate of interest

The rate of interest charged participants in this program shall

not be less than the rate of interest charged by the Commodity

Credit Corporation by the United States Treasury, except that the

Secretary may waive or adjust the interest as the Secretary

considers appropriate to effectuate the purposes of this section.

(d) Storage payments

(1) In general

The Secretary shall provide storage payments to producers for

storage of wheat or feed grains under the program established in

this section in such amounts and under such conditions as the

Secretary determines appropriate to encourage producers to

participate in the program.

(2) Timing

The Secretary shall make storage payments available to

participants in this program at the end of each quarter.

(3) Duration

The Secretary shall cease making storage payments whenever the

price of wheat or feed grains is equal to or exceeds 95 percent

of the then current established price for the commodities, and

for any 90-day period immediately following the last day on which

the price of wheat or feed grains was equal to or in excess of 95

percent of the then current established price for the

commodities.

(e) Emergencies

Notwithstanding any other provision of law, the Secretary may

require producers to repay loans made under this section, plus

accrued interest and such other charges as may be required by

regulation prior to the maturity date thereof, if the Secretary

determines that emergency conditions exist that require that the

commodity be made available in the market to meet urgent domestic

or international needs and the Secretary reports the determination

and the reasons for the determination to the President, the

Committee on Agriculture of the House of Representatives, and the

Committee on Agriculture, Nutrition, and Forestry of the Senate at

least 14 days before taking the action.

(f) Quantity of commodities in program

The Secretary may establish maximum quantities of wheat and feed

grains that may receive loans and storage payments under this

program as follows:

(1) The maximum quantities of wheat may not be established at

less than 300 million bushels, nor more than 450 million bushels.

(2) The maximum quantities of feed grains may not be

established at less than 600 million bushels, nor more than 900

million bushels.

(g) Announcement of program

(1) Time of announcement

The Secretary shall announce the terms and conditions of the

producer storage program for a crop of wheat and feed grains by -

(A) in the case of wheat, December 15 of the year in which

the crop of wheat was harvested; and

(B) in the case of feed grains, March 15 of the year

following the year in which the crop of corn was harvested.

(2) Discretionary entry

The Secretary may make extended loans available to producers of

wheat or feed grains if -

(A) the Secretary determines that the average market price

for wheat or corn, respectively, for the 90-day period prior to

the dates specified in paragraph (1) is less than 120 percent

of the current loan rate for wheat or corn, respectively; or

(B) as of the appropriate date specified in paragraph (1),

the Secretary estimates that the stocks-to-use ratio on the

last day of the current marketing year will be -

(i) in the case of wheat, more than 37.5 percent; and

(ii) in the case of corn, more than 22.5 percent.

(3) Mandatory entry

The Secretary shall make extended loans available to producers

of wheat or feed grains if the conditions specified in

subparagraphs (A) and (B) of paragraph (2) are met for wheat or

feed grains, respectively.

(4) Content of announcement

In the announcement, the Secretary shall specify the maximum

quantity of wheat or feed grains to be stored under this program

that the Secretary determines appropriate to promote the orderly

marketing of the commodities.

(h) Discretionary exit

A producer may repay a loan extended under this section at any

time.

(i) Reconcentration of grain

The Secretary may, with the concurrence of the owner of grain

stored under this program, reconcentrate all such grain stored in

commercial warehouses at such points as the Secretary considers to

be in the public interest, taking into account such factors as

transportation and normal marketing patterns. The Secretary shall

permit rotation of stocks and facilitate maintenance of quality

under regulations that assure that the holding producer or

warehouseman shall, at all times, have available for delivery at

the designated place of storage both the quantity and quality of

grain covered by the producer's or warehouseman's commitment.

(j) Management of grain

Whenever grain is stored under this section, the Secretary may

buy and sell at an equivalent price, allowing for the customary

location and grade differentials, substantially equivalent

quantities of grain in different locations or warehouses to the

extent needed to properly handle, rotate, distribute, and locate

the commodities that the Commodity Credit Corporation owns or

controls. The purchases to offset sales shall be made within 2

market days following the sales. The Secretary shall make a daily

list available showing the price, location, and quantity of the

transactions.

(k) Use of Commodity Credit Corporation

The Secretary shall use the Commodity Credit Corporation, to the

extent feasible, to fulfill the purposes of this section. To the

maximum extent practicable consistent with the fulfillment of the

purposes of this section and the effective and efficient

administration of this section, the Secretary shall utilize the

usual and customary channels, facilities, and arrangements of trade

and commerce.

(l) Use of commodity certificates

Notwithstanding any other provision of law, if a producer has

substituted purchased or other commodities for the commodities

originally pledged as collateral for a loan made under this

section, the Secretary may allow a producer to repay the loan using

a generic commodity certificate that may be exchanged for

commodities owned by the Commodity Credit Corporation, if the

substitute commodities have been pledged as loan collateral and

redeemed only within the same county.

(m) Additional authority

The authority provided by this section shall be in addition to

other authorities available to the Secretary for carrying out

producer loan and storage operations.

(n) Regulations

The Secretary of Agriculture shall issue such regulations as are

necessary to carry out this section not later than 60 days after

November 28, 1990.

(o) Review

In announcing the terms and conditions of the producer storage

program under this section, the Secretary shall review standards

concerning the quality of grain that shall be allowed to be stored

under the program, and such standards should encourage only quality

grain, as determined by the Secretary, to be pledged as collateral

for such loans. The Secretary shall review inspection,

maintenance, and stock rotation requirements and take the necessary

steps to maintain the quality of such grain.

(p) Crops

Notwithstanding any other provision of law, this section shall

become effective December 1, 1990.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 110, as added Pub. L.

95-113, title XI, Sec. 1101, Sept. 29, 1977, 91 Stat. 951; amended

Pub. L. 96-234, Sec. 1, 2, Apr. 11, 1980, 94 Stat. 333; Pub. L.

96-494, title II, Sec. 203(a), 204, 205, Dec. 3, 1980, 94 Stat.

2571, 2572; Pub. L. 97-24, Sec. 2, July 23, 1981, 95 Stat. 143;

Pub. L. 97-98, title X, Sec. 1001, Dec. 22, 1981, 95 Stat. 1257;

Pub. L. 99-198, title X, Sec. 1012(a), Dec. 23, 1985, 99 Stat.

1455; Pub. L. 100-203, title I, Sec. 1108, Dec. 22, 1987, 101 Stat.

1330-6; Pub. L. 100-387, title III, Sec. 303(b), Aug. 11, 1988, 102

Stat. 947; Pub. L. 101-624, title XI, Sec. 1123, title XX, Sec.

2010, Nov. 28, 1990, 104 Stat. 3503, 3932; Pub. L. 102-237, title

I, Sec. 113(7), Dec. 13, 1991, 105 Stat. 1837.)

-MISC1-

AMENDMENTS

1991 - Subsec. (k). Pub. L. 102-237, Sec. 113(7)(C)(i),

redesignated subsec. (k), relating to review, as (o).

Subsec. (n). Pub. L. 102-237, Sec. 113(7)(A), substituted

''November 28, 1990'' for ''the date of enactment of this

section''.

Subsec. (o). Pub. L. 102-237, Sec. 113(7)(C), redesignated

subsec. (k), relating to review, as (o), inserted heading, and

substituted ''this section'' for ''subsection (e)(1)''.

Pub. L. 102-237, Sec. 113(7)(B), redesignated subsec. (o) as (p).

Subsec. (p). Pub. L. 102-237, Sec. 113(7)(B), redesignated

subsec. (o) as (p).

1990 - Pub. L. 101-624, Sec. 1123, amended section generally,

substituting provisions relating to the farmer owned reserve

program for provisions relating to the establishment and

maintenance of the producer reserve program for wheat and feed

grains.

Subsec. (k). Pub. L. 101-624, Sec. 2010, added subsec. (k)

relating to review.

1988 - Subsec. (j). Pub. L. 100-387 temporarily added subsec.

(j). See Effective and Termination Dates of 1988 Amendment note.

1987 - Subsec. (b)(A)(i). Pub. L. 100-203, Sec. 1108(1),

substituted ''300 million bushels'' for ''17 percent of the

estimated total domestic and export usage of wheat during the then

current marketing year for wheat, as determined by the Secretary''.

Subsec. (b)(A)(ii). Pub. L. 100-203, Sec. 1108(2), substituted

''450 million bushels'' for ''7 percent of the estimated total

domestic and export usage of feed grains during the then current

marketing year for feed grains, as determined by the Secretary''.

1985 - Subsec. (a). Pub. L. 99-198 in first sentence substituted

''abundant supply, extend'' for ''abundant supply and extend'' and

inserted '', and provide for adequate, but not excessive, carryover

stocks to ensure a reliable supply of the commodities'' after ''for

their orderly marketing''.

Subsec. (b). Pub. L. 99-198 in third sentence substituted '',

with extensions as warranted by market conditions'' for ''nor more

than five years'' in cl. (1), substituted ''when the total amount

of wheat or feed grains in storage under programs under this

section is below the upper limits for such storage as set forth in

clauses (A) and (B) of subsection (e)(2) of this section and the

market price for wheat or feed grains is below'' for ''before the

market price for wheat or feed grains has reached'' in cl. (4),

substituted ''the higher of 140 percent of the nonrecourse loan

rate for the commodity or the established price for such commodity,

as determined under this subchapter'' for ''a specified level, as

determined by the Secretary'' in cl. (5), and at end inserted

provisions requiring Secretary to encourage participation in the

programs authorized under this section by offering producers

increased storage payments and loan levels, interest waivers, or

such other incentives as the Secretary determines necessary to

maintain total amount of storage at specified levels, whenever the

total quantity of wheat and feed grains stored under this section

is less than 17 and 7 percent, respectively, of the estimated total

usage thereof during the then current marketing year, and the

marketing price does not exceed 140 percent of the nonrecourse loan

rate for the commodity, and inserted provision requiring Secretary

to ensure than producers are afforded a fair and equitable

opportunity to participate in each producer storage program.

Subsec. (e). Pub. L. 99-198 designated existing provisions as

par. (1), inserted '', subject to the upper limits on the total

quantity of wheat and feed grains that may be stored under storage

programs established under this section set out in paragraph (2)''

in second sentence, struck out third sentence which authorized the

Secretary to place an upper limit of not less than seven hundred

million bushels for wheat and one billion bushels for feed grains

placed in the reserve, and added par. (2).

1981 - Subsec. (a). Pub. L. 97-98 struck out discretionary

authority of Secretary with regard to permitting producers of feed

grains to store wheat and feed grains.

Subsec. (b). Pub. L. 97-98 substituted ''Secretary shall

provide'' for ''Secretary may provide'', struck out ''at the same

level of support as provided by this Act'' after ''loans for wheat

and feed grains'', and substituted provisions that loans be made at

such levels of support as Secretary determines appropriate, except

that the loan rate not be less than the then current level of

support under the wheat and feed grains programs established under

this subchapter for provisions relating to the level of price

support loans to be made available to producers for the 1980 and

1981 crops of wheat and feed grains necessary to mitigate the

adverse effects of the restrictions on the export of agricultural

products to the Union of Soviet Socialist Republics and providing

that the level of price support loans for the 1980 and 1981 crops

of wheat and feed grains not be used in determining the levels at

which producers repay loans and redeem commodities prior to the

maturity dates of the loans or levels at which Secretary may call

for the repayment of loans prior to their maturity dates and

''program may provide'' for ''program shall provide''.

Subsec. (b)(2). Pub. L. 97-98 substituted ''for storage in such

amounts and under such conditions as the Secretary determines

appropriate to encourage producers to participate in the program''

for ''of such amounts as the Secretary determines appropriate to

cover the cost of storing wheat and feed grains held under the

program''.

Subsec. (b)(3). Pub. L. 97-98 substituted ''as determined under

subsection (c) of this section'' for ''determined by the Secretary

based upon the rate of interest charged the Commodity Credit

Corporation by the United States Treasury, except that the

Secretary may waive or adjust such interest''.

Pub. L. 97-24 struck out '', and the Secretary shall waive such

interest on loans made on the 1980 and 1981 crops of wheat and feed

grains'' after ''a rate of interest determined by the Secretary

based upon the rate of interest charged the Commodity Credit

Corporation by the United States Treasury, except that the

Secretary may waive or adjust such interest''.

Subsec. (b)(4). Pub. L. 97-98 substituted ''if such loans'' for

''in the event such loans'' and ''determined under clause (5) of

this sentence'' for ''specified in clause (5) of this subsection''.

Subsec. (b)(6). Pub. L. 97-98 struck out cl. (6) which authorized

the program to contain conditions prescribed by Secretary under

which Secretary may require producers to repay such loans, plus

accrued interest thereon, refund amounts paid for storage, and pay

such additional interest and other charges as may be required by

regulation, whenever Secretary determines that the market price for

the commodity is not less than such appropriate level, as

determined by Secretary.

Subsec. (c). Pub. L. 97-98 substituted provision prescribing rate

of interest charged to participants in the program authorized by

this section for provision authorizing payments to producers of the

1979 crops of corn and wheat who did not comply with the 1979

program requirements.

Subsec. (d). Pub. L. 97-98 added subsec. (d) and redesignated

former subsec. (d) as (e).

Subsec. (e). Pub. L. 97-98 redesignated former subsec. (d) as (e)

and substituted provision authorizing Secretary to place an upper

limit on the amount of wheat and feed grains placed in the reserve,

with such upper limit not less than seven hundred million bushels

for wheat and one billion bushels for feed grains, for provision

authorizing the maximum amount of wheat stored as not less than

three hundred million bushels nor more than seven hundred million

bushels, with authority for Secretary to adjust this amount as

necessary to meet commitments by the United States pursuant to

international agreements. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 97-98 redesignated former subsec. (e) as (f)

and substituted in provision preceding par. (1) ''the program

authorized'' for ''the extended loan program authorized'', ''110

per centum'' for ''105 per centum'', ''Secretary may encourage

repayment'' for ''Secretary may call for repayment'', and ''clause

(5) of the third sentence of subsection (b) of this section. The

foregoing restriction'' for ''clause (6) of the second sentence of

subsection (b) of this section: Provided, That such restriction''

and in provision following par. (3) ''clause (5) of the third

sentence'' for ''clause (5) of the second sentence''. Former

subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 97-98 redesignated former subsec. (f) as (g)

and substituted ''by the producer's or warehouseman's commitment''

for ''by his commitment''. Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 97-98 redesignated former subsec. (g) as

(h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 97-98 redesignated former subsec. (h) as (i)

and substituted ''To the maximum extent'' for ''In addition, to the

maximum extent''.

1980 - Subsec. (b). Pub. L. 96-494, Sec. 203(a)(1), inserted two

provisos in provisions permitting Secretary to provide original or

extended price support loans for wheat and feed grains at the same

level of support as provided by this Act, in carrying out the

producer storage program, under terms and conditions designed to

encourage producers to store wheat and feed grains for extended

periods of time to promote orderly marketing when wheat or feed

grains are in abundant supply.

Subsec. (b)(3). Pub. L. 96-494, Sec. 203(a)(2), inserted

provisions requiring Secretary to waive interest on loans made on

the 1980 and 1981 crops of wheat and feed grains.

Subsec. (b)(5). Pub. L. 96-494, Sec. 204, substituted ''for the

commodity has attained a specified level'' for ''of wheat has

attained a specified level which is not less than 140 per centum

nor more than 160 per centum of the then current level of price

support for wheat or such appropriate level for feed grains''.

Subsec. (b)(6). Pub. L. 96-494, Sec. 204, substituted ''such

appropriate level, as determined by the Secretary'' for ''175 per

centum of the then current level of the price support for wheat or

such appropriate level for feed grains as determined by the

Secretary under this Act''.

Subsecs. (c), (d). Pub. L. 96-234, Sec. 1, added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

Subsec. (e). Pub. L. 96-494, Sec. 205(1), (2), substituted

''except as otherwise provided under section 1736f-1 of this title

and section 4001 of this title, whenever the extended loan program

authorized by this section is in effect, the Commodity Credit

Corporation may not sell any of its stocks of wheat or feed grains

at less than 105 per centum of the then current level at which the

Secretary may call for repayment of producer storage loans on the

commodity prior to the maturity dates of the loans, as determined

under clause (6) of the second sentence of subsection (b) of this

section'' for ''whenever the extended loan program authorized by

this section is in effect, the Commodity Credit Corporation may not

sell any of its stocks of wheat or feed grains at less than 150

percentum of the then current level of price support for such

commodity''.

Pub. L. 96-234, Sec. 1(1), (2), redesignated former subsec. (d)

as (e) and added cl. (3). Former subsec. (e) redesignated (f).

Subsec. (e)(3). Pub. L. 96-494, Sec. 205(3), in provisions

preceding subpar. (A), substituted ''sales of corn'' for ''sales of

corn when sold at not less than the release level under the

extended loan program'', and inserted ''when sold at not less than

the price at which producers may repay producer storage loans and

redeem corn prior to the maturity dates of loans, as determined

under clause (5) of the second sentence of subsection (b) of this

section, or, whenever the fuel conversion price (as defined in

section 4005 of this title) for corn exceeds such price, at not

less than the fuel conversion price''.

Subsecs. (f) to (h). Pub. L. 96-234, Sec. 1(1), redesignated

former subsecs. (e) to (g) as (f) to (h), respectively.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1123 of Pub. L. 101-624 effective beginning

with 1991 crop of an agricultural commodity, with provision for

prior crops, see section 1171 of Pub. L. 101-624, set out as a note

under section 1421 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Section 303(b) of Pub. L. 100-387 provided that the amendment

made by that section is effective only for 1988 marketing year for

wheat and feed grains.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1012(a) of Pub. L. 99-198 provided that, except as

provided in section 1012(b) of Pub. L. 99-198 (set out below), the

amendments by section 1012(a) are effective beginning with 1986

crops.

Section 1012(b) of Pub. L. 99-198 provided that: ''The amendment

made by subsection (a)(2)(B) of this section (amending this

section) shall take effect with respect to any loan made under

section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) the

date for repayment of which occurs after the date of enactment of

this Act (Dec. 23, 1985).''

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1001 of Pub. L. 97-98 provided that the amendment made by

that section is effective beginning with 1982 crops.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 203(b) of Pub. L. 96-494 provided that: ''Subsection (a)

of this section (amending this section) shall become effective

October 1, 1980, and any producers who, prior to such date, receive

loans on the 1980 crop of the commodity as computed under the

Agricultural Act of 1949, as (see Short Title note set out under

section 1421 of this title) amended prior to the enactment of this

Act (see Short Title note set out under section 4001 of this

title), may elect after September 30, 1980, to receive loans as

authorized under subsection (a) of this section.''

Amendment by sections 204 and 205 of Pub. L. 96-494 effective

Dec. 3, 1980, see section 213 of Pub. L. 96-494, set out as an

Effective Date note under section 4001 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 1901 of Pub. L.

95-113, set out as an Effective Date of 1977 Amendment note under

section 1307 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(5) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(E) of this title.

COMPARABILITY OF STORAGE PAYMENTS

Section 1124 of Pub. L. 101-624, as amended by Pub. L. 102-237,

title I, Sec. 114(a)(1), Dec. 13, 1991, 105 Stat. 1838, provided

that: ''In making storage payments to producers under section 110

of the Agricultural Act of 1949 (7 U.S.C. 1445e) and to commercial

warehousemen in accordance with the Commodity Credit Corporation

Charter Act (15 U.S.C. 714 et seq.), the Commodity Credit

Corporation and the Secretary of Agriculture shall, to the extent

practicable, ensure that the rates of the storage payments made to

producers are equivalent to average rates paid for commercial

storage, taking into account the current demand for storage for

commodities, efficiency, location, regulatory compliance costs,

bonding requirements, and impact of user fees as determined by the

Secretary, except that the rates paid to producers and commercial

warehousemen shall be established at rates that will result in no

increase in current or projected combined outlays of the Commodity

Credit Corporation for the storage payments made to producers and

commercial warehousemen as a result of the adjustment of storage

rates under this section.''

REPAYMENT OF LOANS WITHOUT PENALTY

Section 303(a) of Pub. L. 100-387 provided that: ''Effective for

the 1988 marketing year for wheat or feed grains, once the market

price described in clause (5) of the third sentence of subsection

(b) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e)

has been reached at any time during such marketing year with

respect to such commodity, producers may repay loans made under

section 110 for such commodity during the remainder of such

marketing year without the payment of a penalty, regardless of the

then current market price.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1308a, 1427, 1445k, 4001,

4002, 7301, 7992 of this title.

-CITE-

7 USC Sec. 1445f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445f. International Emergency Food Reserve

-STATUTE-

The President is encouraged to enter into negotiations with other

nations to develop an international system of food reserves to

provide for humanitarian food relief needs and to establish and

maintain a food reserve, as a contribution of the United States

toward the development of such a system, to be made available in

the event of food emergencies in foreign countries. The reserves

shall be known as the International Emergency Food Reserve.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 111, as added Pub. L.

95-113, title XI, Sec. 1102, Sept. 29, 1977, 91 Stat. 953.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1977, see section 1901 of Pub. L.

95-113, set out as an Effective Date of 1977 Amendment note under

section 1307 of this title.

-CITE-

7 USC Sec. 1445g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445g. Production of commodities for conversion into

industrial hydrocarbons; terms and conditions; incentive

payments; regulations; appropriations; effective date

-STATUTE-

Notwithstanding any other provision of this Act -

(a) The Secretary may permit, subject to such terms and

conditions as the Secretary may prescribe, all or any part of the

acreage set aside or diverted from the production of a commodity

for any crop year under this subchapter to be devoted to the

production of any commodity (other than the commodities for which

acreage is being set aside or diverted) for conversion into

industrial hydrocarbons and blending with gasoline or other fossil

fuels for use as motor or industrial fuel, if the Secretary

determines that such production is desirable in order to provide an

adequate supply of commodities for such purpose, is not likely to

increase the cost of the price support programs, and will not

adversely affect farm income.

(b)(1) During any year in which there is no set-aside or

diversion of acreage under this subchapter, the Secretary may

formulate and administer a program for the production, subject to

such terms and conditions as the Secretary may prescribe, of

commodities for conversion into industrial hydrocarbons and

blending with gasoline or other fossil fuels for use as motor or

industrial fuel, if the Secretary determines that such production

is desirable in order to provide an adequate supply of commodities

for such purpose, is not likely to increase the cost of the price

support programs, and will not adversely affect farm income. Under

the program, producers of wheat, feed grains, upland cotton, and

rice shall be paid incentive payments to devote a portion of their

acreage to the production of commodities for conversion into

industrial hydrocarbons and blending with gasoline or other fossil

fuels for use as motor or industrial fuel.

(2) The payments under this subsection shall be at such rate or

rates as the Secretary determines to be fair and reasonable, taking

into consideration the participation necessary to ensure an

adequate supply of the agricultural commodities for conversion into

industrial hydrocarbons and blending with gasoline or other fossil

fuels for use as motor or industrial fuels.

(3) The Secretary may issue such regulations as the Secretary

deems necessary to carry out the provisions of this subsection.

(4) There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this subsection.

(5) The provisions of this subsection shall become effective

October 1, 1978.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 112, as added Pub. L.

95-279, title II, Sec. 201, May 15, 1978, 92 Stat. 241.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding subsec. (a), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the

Agricultural Act of 1949, which is classified principally to this

chapter (Sec. 1421 et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 1421 of

this title and Tables.

-MISC2-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(6) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(F) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7301, 7992 of this title.

-CITE-

7 USC Sec. 1445h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445h. Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(F),

Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title I, Sec. 113, as added

Dec. 3, 1980, Pub. L. 96-494, title II, Sec. 207, 94 Stat. 2572;

amended Dec. 22, 1981, Pub. L. 97-98, title XI, Sec. 1105, 95 Stat.

1264; Dec. 23, 1985, Pub. L. 99-198, title X, Sec. 1011, 99 Stat.

1454; Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1125, 104

Stat. 3506, authorized Secretary to announce and provide for

supplemental set-aside and acreage limitation program.

-CITE-

7 USC Sec. 1445i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445i. Multiyear set-aside contracts for 1986 through 1990

crops of wheat, feed grains, upland cotton, and rice

-STATUTE-

Notwithstanding any other provision of law:

(1) The Secretary of Agriculture may enter into multiyear

set-aside contracts for a period not to extend beyond the 1990

crops. Such contracts may be entered into only as a part of the

programs in effect for the 1986 through 1990 crops of wheat, feed

grains, upland cotton, and rice, and only producers participating

in one or more of such programs shall be eligible to contract

with the Secretary under this section. Producers agreeing to a

multiyear set-aside agreement shall be required to devote the

set-aside acreage to vegetative cover capable of maintaining

itself through such period to provide soil protection, water

quality enhancement, wildlife production, and natural beauty.

Grazing of livestock under this section shall be prohibited,

except in areas of a major disaster, as determined by the

President, if the Secretary finds there is a need for such

grazing as a result of such disaster. Producers entering into

agreements under this section shall also agree to comply with all

applicable State and local laws and regulations governing noxious

weed control.

(2) The Secretary shall provide cost-sharing incentives to farm

operators for the establishment of vegetative cover, whenever a

multiyear set-aside contract is entered into under this section.

(3) The Secretary may issue such regulations as the Secretary

determines necessary to carry out this section.

(4) The Secretary shall carry out the program authorized by

this section through the Commodity Credit Corporation.

-SOURCE-

(Pub. L. 99-198, title X, Sec. 1010, Dec. 23, 1985, 99 Stat. 1454.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-

7 USC Sec. 1445j 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445j. Deficiency and land diversion payments

-STATUTE-

(a) Deficiency payments

(1) In general

If the Secretary establishes an acreage limitation program for

any of the 1991 through 1997 crops of wheat, feed grains, upland

cotton, or rice under this Act and determines that deficiency

payments will likely be made for the commodity for the crop, the

Secretary shall make advance deficiency payments available to

producers for each of the crops.

(2) Terms and conditions

Advance deficiency payments under paragraph (1) shall be made

to the producer under the following terms and conditions:

(A) Form

Such payments may be made available in the form of -

(i) cash;

(ii) commodities owned by the Commodity Credit Corporation

and certificates redeemable in a commodity owned by the

Commodity Credit Corporation, except that not more than 50

percent of the payments may be made in commodities or the

certificates in the case of any producer; or

(iii) any combination of clauses (i) and (ii).

(B) Commodities and certificates

If payments are made available to producers as provided for

under subparagraph (A)(ii), such producers may elect to receive

such payments either in the form of -

(i) such commodities; or

(ii) such certificates.

(C) Maturity

Such a certificate shall be redeemable for a period not to

exceed 3 years from the date the certificate is issued.

(D) Storage

The Commodity Credit Corporation shall pay the cost of

storing a commodity that may be received under such a

certificate until such time as the certificate is redeemed.

(E) Timing

The payments shall be made available as soon as practicable

after the producer enters into a contract with the Secretary to

participate in such program.

(F) Amounts

The payments shall be made available in such amounts as the

Secretary determines appropriate to encourage adequate

participation in the program, except that the amount may not

exceed an amount determined by multiplying -

(i) the estimated payment acreage for the crop; by

(ii) the farm program payment yield for the crop; by

(iii)(I) in the case of wheat and feed grains, not less

than 40 percent, nor more than 50 percent, of the projected

payment rate; and

(II) in the case of rice and upland cotton, not less than

30 percent, nor more than 50 percent, of the projected

payment rate,

as determined by the Secretary.

(G) Repayment

If the deficiency payment payable to a producer for a crop,

as finally determined by the Secretary under this Act, is less

than the amount paid to the producer as an advance deficiency

payment for the crop under this subsection, the producer shall

repay an amount equal to the difference between the amount

advanced and the amount finally determined by the Secretary to

be payable to the producer as a deficiency payment for the crop

concerned.

(H) Repayment requirement

If the Secretary determines under this Act that deficiency

payments will not be made available to producers on a crop with

respect to which advance deficiency payments already have been

made under this subsection, the producers who received the

advance payments shall repay the payments.

(I) Deadline

Any repayment required under subparagraph (G) or (H) shall be

due at the end of the marketing year for the crop with respect

to which the payments were made.

(J) Noncompliance

If a producer fails to comply with requirements established

under the acreage limitation program involved after obtaining

an advance deficiency payment under this subsection, the

producer shall repay immediately the amount of the advance,

plus interest thereon in such amount as the Secretary shall

prescribe by regulation.

(3) Regulations

The Secretary may issue such regulations as the Secretary

determines necessary to carry out this section.

(4) Commodity Credit Corporation

The Secretary shall carry out the program authorized by this

section through the Commodity Credit Corporation.

(5) Additional authority

The authority provided in this section shall be in addition to,

and not in place of, any authority granted to the Secretary or

the Commodity Credit Corporation under any other provision of

law.

(b), (c) Repealed. Pub. L. 104-127, title I, Sec. 171(b)(2)(G),

Apr. 4, 1996, 110 Stat. 938

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 114, formerly Sec. 107C, as

added Pub. L. 97-253, title I, Sec. 120, Sept. 8, 1982, 96 Stat.

766; amended Pub. L. 99-198, title X, Sec. 1002, Dec. 23, 1985, 99

Stat. 1446; Pub. L. 100-203, title I, Sec. 1110, Dec. 22, 1987, 101

Stat. 1330-6; Pub. L. 101-239, title I, Sec. 1003(b)(1), Dec. 19,

1989, 103 Stat. 2108; Pub. L. 101-508, title I, Sec. 1102(d), Nov.

5, 1990, 104 Stat. 1388-2; renumbered Sec. 114 and amended Pub. L.

101-624, title XI, Sec. 1121(a), (c), 1161(a)(1), Nov. 28, 1990,

104 Stat. 3500, 3503, 3520; Pub. L. 102-237, title I, Sec. 109,

Dec. 13, 1991, 105 Stat. 1828; Pub. L. 103-66, title I, Sec.

1101(b)(1), Aug. 10, 1993, 107 Stat. 314; Pub. L. 104-127, title I,

Sec. 171(b)(2)(G), Apr. 4, 1996, 110 Stat. 938.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(1), (2)(G), (H), is act Oct.

31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the

Agricultural Act of 1949, which is classified principally to this

chapter (Sec. 1421 et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 1421 of

this title and Tables.

-COD-

CODIFICATION

Section was classified to section 1445b-2 of this title prior to

its renumbering by Pub. L. 101-624.

-MISC3-

AMENDMENTS

1996 - Subsecs. (b), (c). Pub. L. 104-127 struck out subsecs. (b)

and (c) which, in subsec. (b), related to land diversion payments

to assist in adjusting total national acreage of any of 1991

through 1995 crops of wheat, feed grains, upland cotton, or rice to

desirable levels, and, in subsec. (c), related to timing of

deficiency payments made available to producers for any of 1991

through 1997 crops of wheat and feed grains.

1993 - Subsecs. (a)(1), (c). Pub. L. 103-66 substituted ''1997''

for ''1995''.

1991 - Subsec. (c). Pub. L. 102-237, Sec. 109(1), substituted

''section'' for ''sections'' in introductory provisions.

Subsec. (c)(2). Pub. L. 102-237, Sec. 109(3), added par. (2) and

struck out former par. (2) which read as follows: ''Seventy-five

percent of the final projected deficiency payment for the crop,

reduced by the amount of the advance, shall be made available as

soon as practicable after the end of the first 5 months of the

applicable marketing year.''

Subsec. (c)(3), (4). Pub. L. 102-237, Sec. 109(2), (3), added

par. (3) and redesignated former par. (3) as (4).

1990 - Pub. L. 101-624, Sec. 1121(a), amended section generally,

substituting provisions relating to deficiency and land diversion

payments for the 1991 through 1995 crops of wheat, feed grains,

upland cotton, and rice for provisions relating to advance

deficiency and diversion payments for the 1986 through 1990 crops

of wheat, feed grains, upland cotton, and rice.

Pub. L. 101-624, Sec. 1121(c), amended Pub. L. 99-198. See 1985

Amendment note below.

Subsec. (c). Pub. L. 101-508 substituted ''wheat and feed grains

which payments are calculated as provided in sections

1445b-3a(c)(1)(B)(ii), 1445b-3a(p), or 1444f(c)(1)(B)(ii) of this

title'' for ''wheat, feed grains, and rice which payments are

calculated on the basis of the national weighted average market

price (or, in the case of rice, the national average market price)

for the marketing year for the crop''.

1989 - Subsec. (a)(2)(G). Pub. L. 101-239 temporarily inserted

''(taking into consideration any reduction in the payment made

under section 1433d of this title)'' and substituted ''amount

finally'' for ''amount finallly''. See Effective and Termination

Dates of 1989 Amendment note below.

1987 - Subsec. (a)(1). Pub. L. 100-203, Sec. 1110(1), temporarily

added par. (1) and struck out former par. (1) which read as

follows: ''If the Secretary establishes an acreage limitation or

set-aside program for any of the 1986 through 1990 crops of wheat,

feed grains, upland cotton, or rice under this Act and determines

that deficiency payments will likely be made for such commodity for

such crop, the Secretary -

''(A) shall make advance deficiency payments available to

producres (sic) who agree to participate in such program for the

1986 crop; and

''(B) may make such payments available to such producers for

each of the 1987 through 1990 crops.''

See Effective and Termination Dates of 1987 Amendment note below.

Subsec. (a)(2)(F)(iii). Pub. L. 100-203, Sec. 1110(2),

temporarily added cl. (iii) and struck out former cl. (iii) which

read as follows: ''50 percent of the projected payment rate,''.

See Effective and Termination Dates of 1987 Amendment note below.

1985 - Pub. L. 99-198, as amended by Pub. L. 101-624, Sec.

1121(c), amended section generally, substituting provisions

relating to advance deficiency and diversion payments for the 1986

through 1990 crops of wheat, feed grains, upland cotton and rice

for provisions relating to advance deficiency payments for the 1982

through 1985 crops of wheat, feed grains, upland cotton and rice.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section

1301 of Pub. L. 101-508, set out as a note under section 511r of

this title.

EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT

Section 1003(b)(1) of Pub. L. 101-239 provided that the amendment

made by that section is effective only for 1990 crops of wheat,

feed grains, upland cotton, and rice.

EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENT

Section 1110 of Pub. L. 100-203 provided that the amendment made

by that section is effective only for 1988 through 1990 crops of

wheat, feed grains, upland cotton, and rice.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

That portion of section 1002 of Pub. L. 99-198 which provided

that the amendment made by that section was effective only for 1986

through 1990 crops of wheat, feed grains, upland cotton, and rice,

was struck out by section 1121(c) of Pub. L. 101-624.

EFFECTIVE AND TERMINATION DATES

Section 120 of Pub. L. 97-253 provided that this section is

effective only for 1982 through 1985 crops of wheat, feed grains,

upland cotton, and rice.

CALCULATION OF REFUNDS OF ADVANCE ESTABLISHED PRICE PAYMENTS BY

PRODUCERS OF 1988 OR 1989 CROPS OF FEED BARLEY

Section 405 of Pub. L. 101-624 provided that:

''(a) Mandatory Calculation of Refund. -

''(1) In general. - Not later than 90 days after the date of

enactment of this Act (Nov. 28, 1990), the Secretary of

Agriculture shall calculate, for informational purposes only

(except as provided in the discretionary authority under

subsection (b)), the amount of the refund of any advance

deficiency payment a producer of barley who participated in the

1988 or 1989 Federal barley price support program would be

required to make pursuant to section 107C of the Agricultural Act

of 1949 (7 U.S.C. 1445b-2) (as it existed immediately before the

date of enactment of this Act) based on a formula which excludes

malting barley from the market price calculations of barley used

to determine the amount of refund of the advance deficiency

payment required of the producer.

''(2) Disclosure. -

''(A) To the public. - The Secretary shall publish in the

Federal Register -

''(i) the formula used to perform the calculations

described in paragraph (1);

''(ii) the aggregate results that the use of the

calculation would have pursuant to subsection (b), in terms

of -

''(I) the total reduction in the amount of refunds;

''(II) the number of producers affected; and

''(III) any other information the Secretary determines

appropriate;

''(iii) a declaration of the Secretary's decision whether

to use the calculation to recalculate barley producer's

refunds pursuant to subsection (b); and

''(iv) a statement of the Secretary's reasons for the

decision described in clause (iii).

''(B) To producers. - The Secretary shall make available to

each producer of 1988 or 1989 crop barley, on request, a

statement detailing the effect of the calculation of refunds

described in paragraph (1) on the producer's 1988 or 1989

refund.

''(b) Discretionary Use of Calculation. -

''(1) In general. - The Secretary may use the calculation

described in subsection (a) to determine whether or not to reduce

the total refund owed by a producer of 1988 or 1989 crop barley

under section 107C of the Agricultural Act of 1949 (7 U.S.C.

1445b-2) (as it existed immediately before the date of enactment

of this Act (Nov. 28, 1990)).

''(2) Procedure for use of calculation. - If the Secretary

decides to use the calculation described in subsection (a) as

provided under paragraph (1), in the case of a producer of 1988

or 1989 crop barley who paid the refund of the advance deficiency

payment for the crop calculated prior to the date of enactment of

this Act (or any amount of refund in excess of the amount of the

refund determined in accordance with paragraph (1)), the

Secretary -

''(i) shall, before May 31, 1991, reimburse the producer the

amount of refund paid by the producer in excess of the refund

determined in accordance with this section;

''(ii) shall have the option to make the reimbursement in a

lump sum or in installments;

''(iii) shall, not later than 90 days after the date of

enactment of this Act, notify producers who are eligible to

receive the reimbursement of their 1988 or 1989 advance

deficiency payment refund under this section -

''(I) of the timing of the payment of the reimbursement

(either in lump sum or in installments);

''(II) that the amount of the reimbursement shall not bear

interest if paid before February 15, 1991; and

''(III) that the amount of the reimbursement paid after

February 15, 1991, shall bear interest at a rate of at least

7 percent per annum; and

''(iv) may elect to pay the reimbursement in a lump sum with

generic certificates redeemable for commodities owned by the

Commodity Credit Corporation if the reimbursement is paid in

full not later than 60 days after the date of enactment of this

Act.''

REPAYMENT REQUIREMENTS

Section 1121(b) of Pub. L. 101-624 provided that:

''(1) In general. - Notwithstanding any other provision of law,

effective only for producers who are suffering financial hardship,

as determined by the Secretary, on a farm who received an advance

deficiency payment for the 1988 or 1989 crop of a commodity and are

otherwise described in paragraph (2), the Secretary of Agriculture

-

''(A) shall not charge an annual interest rate for any

delinquent refund for the advance deficiency payment in excess of

prevailing rates for operating loans made by Farm Credit System

institutions;

''(B) shall not withhold, in each of the 3 succeeding crop

years, more than 1/3 of the farm program payments otherwise due

to the producers, as a result of any delinquency in providing the

refund; and

''(C) shall permit the producers to make the refund in three

equal installments during each of the crop years 1990, 1991, and

1992, if the producers enter into an agreement to obtain

multiperil crop insurance for each of the crop years, to the

extent that the Secretary determines is similar to section 107 of

the Disaster Assistance Act of 1989 (7 U.S.C. 1421 et seq.) (Sec.

107 of Pub. L. 101-82, 7 U.S.C. 1421 note).

''(2) Application. - This subparagraph shall apply if -

''(A) the producers received an advance deficiency payment for

the 1988 or 1989 crop of a commodity under section 107C(a) of the

Agricultural Act of 1949 (7 U.S.C. 1445b-2(a));

''(B) the producers are required to provide a refund of at

least $1,500 under subparagraph (G) or (H) of section 107C(a)(2)

of such Act with respect to the advance deficiency payments;

''(C) the producers reside in a county, or in a county that is

contiguous to a county, where the Secretary of Agriculture has

found that farming, ranching, or aquaculture operations have been

substantially affected as evidenced by a reduction in normal

production for the county of at least 30 percent during two of

the three crop years 1988, 1989, and 1990 by a natural disaster

or by a major disaster or emergency designated by the President

under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.); and

''(D) the total quantity of the 1988 or 1989 crop of the

commodity that the producers were able to harvest is less than

the result of multiplying 65 percent of the farm payment yield

established by the Secretary for the crop by the sum of the

acreage planted for the harvest and the acreage prevented from

being planted (because of the disaster or emergency referred to

in subparagraph (C)) for the crop.''

ADVANCE DEFICIENCY PAYMENTS

Pub. L. 99-509, title I, Sec. 1021, Oct. 21, 1986, 100 Stat.

1877, required Secretary of Agriculture to make advance deficiency

payments available for 1987 crops of wheat, feed grains, upland

cotton, and rice, and provided that percentage of projected payment

rate used in computing such payments shall not be less than (1) 40

percent in the case of wheat and feed grains, and (2) 30 percent in

the case of rice and upland cotton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7213, 7214, 7301 of this

title.

-CITE-

7 USC Sec. 1445k 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER II - BASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1445k. Payments in commodities

-STATUTE-

(a) In-kind payments by Secretary

In making in-kind payments under any of the annual programs for

wheat, feed grains, upland cotton, or rice (other than negotiable

marketing certificates for upland cotton or rice), the Secretary

may -

(1) acquire and use like commodities that have been pledged to

the Commodity Credit Corporation as security for price support

loans, including loans made to producers under section 1445e of

this title; and

(2) use other like commodities owned by the Commodity Credit

Corporation.

(b) Methods of payments

The Secretary may make in-kind payments -

(1) by delivery of the commodity to the producer at a warehouse

or other similar facility, as determined by the Secretary;

(2) by the transfer of negotiable warehouse receipts;

(3) by the issuance of negotiable certificates which the

Commodity Credit Corporation shall redeem for a commodity in

accordance with regulations prescribed by the Secretary; or

(4) by such other methods as the Secretary determines

appropriate to enable the producer to receive payments in an

efficient, equitable, and expeditious manner so as to ensure that

the producer receives the same total return as if the payments

had been made in cash.

(c) Commodity certificates

The Secretary shall pay interest on the cash redemption of a

commodity certificate issued by the Secretary to a producer who

holds the certificate for at least 150 days. This subsection shall

not apply with respect to commodity certificates issued in

connection with the export enhancement program or the marketing

promotion program established under the Agricultural Trade Act of

1978.

-SOURCE-

(Oct. 31, 1949, ch. 792, title I, Sec. 115, formerly Sec. 107E, as

added Pub. L. 99-198, title X, Sec. 1005, Dec. 23, 1985, 99 Stat.

1448; renumbered Sec. 115 and amended Pub. L. 101-624, title XI,

Sec. 1122(a), 1161(a)(1), Nov. 28, 1990, 104 Stat. 3503, 3520.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Trade Act of 1978, referred to in subsec. (c),

is Pub. L. 95-501, Oct. 21, 1978, 92 Stat. 1685, as amended

generally by Pub. L. 101-624, title XV, Sec. 1531, Nov. 28, 1990,

104 Stat. 3668, which is classified generally to chapter 87 (Sec.

5601 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 5601 of

this title and Tables.

-COD-

CODIFICATION

Section was classified to section 1445b-4 of this title prior to

its renumbering by Pub. L. 101-624.

-MISC3-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-624, Sec. 1122(a), added subsec.

(c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(7) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(G) of this title.

REDEMPTION OF COMMODITY CERTIFICATES

Section 1122(b) of Pub. L. 101-624 provided that:

''(1) In general. - A subsequent holder of a commodity

certificate issued by the Commodity Credit Corporation shall be

allowed to exchange the expired commodity certificate under the

same rules that apply to an original holder of the certificate.

''(2) Application and redemption limitations. - This subsection

shall only apply during the 180-day period beginning on the date of

enactment of this Act (Nov. 28, 1990). No person may redeem more

than $1,000 worth of certificates under this subsection.

''(3) Redemption limitations. - In no event shall a person

receive a payment from the Commodity Credit Corporation for a

certificate that is redeemed under this subsection in an amount

greater than the price paid for the certificate by the person. No

expired certificate shall be exchanged under this section if the

owner purchased the certificate after January 1, 1990.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7301, 7992 of this title.

-CITE-

7 USC SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

.

-HEAD-

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-CITE-

7 USC Sec. 1446 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446. Price support levels for designated nonbasic

agricultural commodities

-STATUTE-

(a) The Secretary is authorized and directed to make available

(without regard to the provisions of sections 1447 to 1449 of this

title) price support to producers for oilseeds (including soybeans,

sunflower seed, canola, rapeseed, safflower, flaxseed, mustard

seed, and such other oilseeds as the Secretary may determine),

sunflower seeds, honey, milk, sugar beets, and sugarcane in

accordance with this subchapter.

(b) The price of honey shall be supported through loans,

purchases, or other operations at a level not in excess of 90 per

centum nor less than 60 per centum of the parity price thereof; and

the price of tung nuts for each crop of tung nuts through the 1976

crop shall be supported through loans, purchases, or other

operations at a level not in excess of 90 per centum nor less than

60 per centum of the parity price therefor: Provided, That in any

crop year through the 1976 crop year in which the Secretary

determines that the domestic production of tung oil will be less

than the anticipated domestic demand for such oil, the price of

tung nuts shall be supported at not less than 65 per centum of the

parity price therefor.

(c) Except as provided in section 1446e (FOOTNOTE 1) of this

title, the price of milk shall be supported at such level not in

excess of 90 per centum nor less than 75 per centum of the parity

price therefor as the Secretary determines necessary in order to

assure an adequate supply of pure and wholesome milk to meet

current needs, reflect changes in the cost of production, and

assure a level of farm income adequate to maintain productive

capacity sufficient to meet anticipated future needs. Such price

support shall be provided through the purchase of milk and the

products of milk.

(FOOTNOTE 1) See References in Text note below.

(d) Notwithstanding any other provision of law -

(1)(A) During the period beginning on January 1, 1986, and

ending on December 31, 1990, the price of milk shall be supported

as provided in this subsection.

(B) During the period beginning on January 1, 1986, and ending

on December 31, 1986, the price of milk shall be supported at a

rate equal to $11.60 per hundredweight for milk containing 3.67

percent milkfat.

(C)(i) During the period beginning on January 1, 1987, and

ending on September 30, 1987, the price of milk shall be

supported at a rate equal to $11.35 per hundredweight for milk

containing 3.67 percent milkfat.

(ii) Except as provided in subparagraph (D), during the period

beginning on October 1, 1987, and ending on December 31, 1990,

the price of milk shall be supported at a rate equal to $11.10

per hundredweight for milk containing 3.67 percent milkfat.

(D)(i) Subject to clause (ii), if for each of the calendar

years 1988 and 1990, the level of purchases of milk and the

products of milk under this subsection (less sales under section

1427 of this title for unrestricted use), as estimated by the

Secretary on January 1 of such calendar year, will exceed

5,000,000,000 pounds (milk equivalent), on January 1 of such

calendar year, the Secretary shall reduce by 50 cents the rate of

price support for milk as in effect on such date.

(ii) The rate of price support for milk may not be reduced

under clause (i) unless -

(I) the milk production termination program under paragraph

(3) achieved a reduction in the production of milk by

participants in the program of at least 12,000,000,000 pounds

during the 18 months of the program; or

(II) the Secretary submits to Congress a certification,

including a statement of facts in support of the certification

of the Secretary, that reasonable contract offers were extended

by the Secretary under such program but such offers were not

accepted by a sufficient number of producers making reasonable

bids for contracts to achieve such a reduction in production.

(E) If for any of the calendar years 1988, 1989, and 1990, the

level of purchases of milk and the products of milk under this

subsection (less sales under section 1427 of this title for

unrestricted use), as estimated by the Secretary on January 1 of

such calendar year, will not exceed 2,500,000,000 pounds (milk

equivalent), the Secretary shall increase by 50 cents the rate of

price support for milk in effect on such date.

(F) The price of milk shall be supported through the purchase

of milk and the products of milk.

(2)(A) Beginning after March 31, 1986, the Secretary shall

provide for a reduction to be made in the price received by

producers for all milk produced in the United States and marketed

by producers for commercial use.

(B) Except as provided in subparagraphs (E) and (F), the amount

of the reduction under subparagraph (A) in the price received by

producers shall be -

(i) the period beginning on April 1, 1986, and ending on

December 31, 1986, 40 cents per hundredweight of milk marketed;

and

(ii) during the first 9 months of 1987, 25 cents per

hundredweight of milk marketed.

(C) The funds represented by the reduction in price, required

under this paragraph to be applied to the marketings of milk by a

producer, shall be collected and remitted to the Commodity Credit

Corporation, at such time and in such manner as prescribed by the

Secretary, by each person making payment to a producer for milk

purchased from such producer, except that in the case of a

producer who markets milk of the producer's own production

directly to consumers, such funds shall be remitted directly to

the Corporation by such producer.

(D) The funds remitted to the Corporation under this paragraph

shall be considered as included in the payments to a producer of

milk for purposes of the minimum price provisions of the

Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted

with amendments by the Agricultural Marketing Agreement Act of

1937.

(E)(i) In lieu of any reductions in payments made by the

Secretary for the purchase of milk and the products of milk under

this subsection during the period beginning March 1, 1986, and

ending September 30, 1986, required under the order issued by the

President on February 1, 1986, under section 252 (FOOTNOTE 1) of

the Balanced Budget and Emergency Deficit Control Act of 1985

(Public Law 99-177) (2 U.S.C. 902), the Secretary shall increase

the amount of the reduction required under subparagraph (A)

during the period beginning April 1, 1986, and ending September

30, 1986, as the sole means of meeting any reductions required

under the order in payments made by the Secretary for the

purchase of milk and the products of milk under this subsection.

(ii) The aggregate amount of any increased reduction under

clause (i) shall be equal, to the extent practicable, to the

aggregate amount of the reduction that would otherwise be

required under the order referred to in clause (i) in payments

made by the Secretary for the purchase of milk and the products

of milk under this subsection during the period beginning March

1, 1986, and ending September 30, 1986, except that the amount of

any increased reduction under clause (i) may not exceed 12 cents

per hundredweight of milk marketed.

(F)(i) The Secretary -

(I) notwithstanding the Balanced Budget and Emergency Deficit

Control Act of 1985 and any order issued by the President under

section 252 (FOOTNOTE 1) of such Act (2 U.S.C. 902) for a

fiscal year; and

(II) in lieu of making any reduction in payments for the

purchase of milk or the products of milk under this subsection

during such fiscal year under any such order;

shall provide for the reduction (measured in cents per

hundredweight of milk marketed) under subparagraph (A) during the

period beginning on October 1 and ending on September 30 of such

fiscal year as the sole means of achieving any reduction in

budget outlays under the milk price-support program that

otherwise would be required under either such order and only for

the purpose of substituting for any reduction in payments made by

the Secretary for the purchase of milk or the products of milk

under either such order.

(ii) The aggregate amount of any reduction under subparagraph

(A) resulting from the operation of clause (i) may not exceed the

aggregate amount of the reduction in budget outlays under the

milk price-support program, as estimated by the Secretary, that

otherwise would have been achieved under either such order by

reducing payments made by the Secretary for the purchase of milk

or the products of milk under this subsection during such fiscal

year.

(F) (FOOTNOTE 2) During calendar year 1988, the Secretary shall

provide for a reduction of 2 1/2 cents per hundredweight to be

made in the price received by producers for all milk produced in

the United States and marketed by producers for commercial use.

(FOOTNOTE 2) So in original. Probably should be ''(G)''.

(3)(A)(i) The Secretary shall establish and carry out under

this paragraph a milk production termination program for the

18-month period beginning April 1, 1986.

(ii) Under the milk production termination program required

under this subparagraph, the Secretary, at the request of any

producer of milk in the United States who submits to the

Secretary a bid, may offer to enter into a contract with the

producer for the purpose of terminating the production of milk by

the producer in return for a payment to be made by the Secretary.

(iii) For the 18-month period for which the milk production

termination program under this subparagraph is in effect, the

Secretary shall -

(I) as soon as practicable, determine the total number of

dairy cattle the Secretary estimates will be marketed for

slaughter as a result of such program; and

(II) by regulation specify marketing procedures to ensure

that greater numbers of dairy cattle slaughtered as a result of

the production termination program provided for in this section

shall be slaughtered in each of the periods of April through

August 1986, and March through August 1987 than for the other

months of the program. Such procedures also shall ensure that

such sales of dairy cattle for slaughter shall occur on a basis

estimated by the Secretary that maintains historical seasonal

marketing patterns. During such 18-month period, the Secretary

shall limit the total number of dairy cattle marketed for

slaughter under the program in excess of the historical dairy

herd culling rate to no more than 7 percent of the national

dairy herd per calendar year.

(iv) Each contract made under this subparagraph shall provide

that -

(I) the producer shall sell for slaughter or for export all

the dairy cattle in which such producer owns an interest;

(II) during a period of 3, 4, or 5 years, as specified by the

Secretary in each producer contract and beginning on the day

the producer completes compliance with subclause (I), the

producer neither shall acquire any interest in dairy cattle or

in the production of milk nor acquire, or make available to any

person, any milk production capacity of a facility that becomes

available because of compliance by a producer with such

subclause unless the Secretary shall by regulation otherwise

permit; and

(III) if the producer fails to comply with such contract, the

producer shall repay to the Secretary the entire payment

received under the contract, including simple interest payable

at a rate prescribed by the Secretary, which shall, to the

extent practicable, reflect the cost to the Corporation of its

borrowings from the Treasury of the United States, commencing

on the date payment is first received under such contract.

(v) Any producer of milk who seeks to enter into a contract for

payments under this paragraph shall provide the Secretary with

(I) evidence of such producer's marketing history; (II) the size

and composition of the producer's dairy herd during the period

the marketing history is determined; and (III) the size and

composition of the producer's dairy herd at the time the bid is

submitted, as the Secretary deems necessary and appropriate.

(vi) Except as provided in subparagraph (D), no producer who

commenced marketing of milk in the 15-month period ending March

31, 1986, shall be eligible to enter into a contract for payments

under this subparagraph.

(vii) A contract entered into under this paragraph by a

producer who by reason of death cannot perform or assign such

contract may be performed or assigned by the estate of such

producer.

(B) The Secretary may establish and carry out a milk diversion

or milk production termination program for any of the calendar

years 1988, 1989, and 1990 as necessary to avoid the creation of

burdensome excess supplies of milk or milk products.

(C) In setting the terms and conditions of any milk diversion

or milk production termination under this paragraph and of each

contract made under this subparagraph, the Secretary shall take

into account any adverse effect of such program or contracts on

beef, pork, and poultry producers in the United States and shall

take all feasible steps to minimize such effect.

(D) A producer who commenced marketing milk after December 31,

1984, shall be eligible to enter into a contract for payments

under this subparagraph if such producer's entire milk production

facility and entire dairy herd were transferred to the producer

by reason of a gift from, or the death of, a member or members of

the family of the producer. The term ''member of the family of

the producer'' means (i) an ancestor of the producer, (ii) the

spouse of the producer, (iii) a lineal descendant of the

producer, or the producer's spouse, or a parent of the producer,

or (iv) the spouse of any such lineal descendant.

(E) Application for payment shall be made by producers through

the county committees established under section 590h(b) of title

16.

(F) to (J) Repealed. Pub. L. 99-198, title I, Sec. 101(b)(1),

(2), Dec. 23, 1985, 99 Stat. 1363, 1365.

(K) Redesignated (E).

(L) Repealed. Pub. L. 99-198, title I, Sec. 101(b)(2), Dec. 23,

1985, 99 Stat. 1365.

(M) A contract entered into under this paragraph by a producer

who by reason of death cannot perform or assign such contract may

be performed or assigned, in accordance with subparagraph (L), by

the estate of such producer.

(N) If the provisions for reductions in the price received for

milk marketed for commercial use as provided for in paragraph (2)

are held to be invalid by any court, or the Secretary is

restrained or enjoined by any court from implementing such

provisions, the Secretary shall immediately suspend making any

diversion payments under this paragraph for the period beginning

with the date of such court action and shall resume making such

payments only if such court action is overruled, stayed, or

terminated.

(4) Each producer who markets milk and each person required to

make payment to the Corporation under this subsection shall keep

such records and make such reports, in such manner, as the

Secretary determines necessary to carry out this subsection. The

Secretary may make such investigations as the Secretary deems

necessary for the effective administration of this subsection or

to determine whether any person subject to the provisions of this

subsection has engaged or is engaged or is about to engage in any

act or practice that constitutes or will constitute a violation

of any provision of this subsection or regulation issued under

this subsection. For the purpose of such investigation, the

Secretary may administer oaths and affirmations, subpena

witnesses, compel their attendance, take evidence, and require

the production of any records that are relevant to the inquiry.

Such attendance of witnesses and the production of any such

records may be required from any place in the United States. In

case of contumacy by, or refusal to obey a subpena to, any

person, the Secretary may invoke the aid of any court of the

United States within the jurisdiction of which such investigation

or proceeding is carried on, or where such person resides or

carries on business, in requiring the attendance and testimony of

witnesses and the production of records. Such court may issue an

order requiring such person to appear before the Secretary to

produce records or to give testimony on the matter under

investigation. Any failure to obey such order of the court may

be punished by such court as a contempt thereof. All process in

any such case may be served in the judicial district of which

such person is an inhabitant or wherever such person may be

found.

(5)(A) The district courts of the United States are vested with

jurisdiction specifically to enforce, and to prevent and restrain

any person from violating, any provision of this subsection or

any regulation issued under this subsection. Any such civil

action authorized to be brought under this subsection shall be

referred to the Attorney General for appropriate action. The

Secretary is not required, however, to refer to the Attorney

General minor violations of this subsection whenever the

Secretary believes that the administration and enforcement of

this subsection would be adequately served by suitable written

notice or warning to any person committing such violation.

(B)(i) Each person as to whom there is a failure to make a

reduction in the price of milk received by such person as

required by paragraph (2) or who fails to remit to the

Corporation the funds required to be collected and remitted by

paragraph (2)(B) shall be liable, in addition to any amount due,

to a marketing penalty at a rate equal to the support price for

milk in effect at the time the failure occurs on the quantity of

milk as to which the failure applies. The Secretary may reduce

any such marketing penalty in such amount as the Secretary

determines equitable in any case in which the Secretary

determines that the failure was unintentional or without

knowledge on the part of the person concerned. Each person who

knowingly violates any other provision of this subsection, or any

regulation issued under this subsection, shall be liable for a

civil penalty of not more than $1,000 for each such violation.

Any penalty provided for under this subparagraph shall be

assessed by the Secretary after notice and opportunity for a

hearing.

(ii) Each person who buys, from a producer with respect to whom

there is in effect at the time of such sale a contract entered

into under paragraph (3), one or more dairy cattle sold for

slaughter or export, who knows that such cattle are sold for

slaughter or export, and who fails to cause the slaughter or

export of such cattle within a reasonable time after receiving

such cattle shall be liable for a civil penalty of not more than

$5,000 with respect to each of such cattle.

(iii) Each person who retains or acquires an interest in dairy

cattle or the production of milk in violation of a contract

entered into under this paragraph shall be liable, in addition to

any amount due under paragraph (3)(A)(iv), to a marketing penalty

on the quantity of milk produced during the period in which such

ownership is prohibited under the contract. Such penalty shall

be computed at the rate or rates of the support price for milk in

effect during the period in which the milk production occurred.

(iv) Each person who makes a false statement in a bid submitted

under paragraph (3) as to (I) the marketings of milk for

commercial use by the producer, or (II) the size or composition

of the dairy herd that produced such marketings, or (III) the

size or composition of the dairy herd at the time the bid is

submitted shall be subject, in addition to any amount due under

paragraph (3)(A)(iv) or clause (iii) of this subparagraph, to a

civil penalty of $5,000 for each head of cattle to which such

statement applied.

(v) Each person who makes a false statement as to the number of

dairy cattle that was sold for slaughter or export under a

contract under paragraph (3)(A) shall be subject, in addition to

any amount due under paragraph (3)(A)(iv) or clause (iii) of this

subparagraph, to a civil penalty of not more than $5,000 for each

head of cattle to which such statement applied.

(C) Any person against whom a penalty is assessed under

subparagraph (B) may obtain review of such penalty in an

appropriate district court of the United States by filing a civil

action in such court not later than thirty days after such

penalty is imposed. The Secretary shall promptly file in such

court a certified copy of the record upon which the penalty is

based. The findings of the Secretary may be set aside only if

found to be unsupported by substantial evidence.

(D) The district courts of the United States shall have

jurisdiction to review and enforce any penalty imposed under

subparagraph (B).

(E) The remedies provided in this paragraph shall be in

addition to, and not exclusive of, other remedies that may be

available.

(F) In carrying out this subsection, the Secretary may, as the

Secretary deems appropriate -

(i) use the services of State and county committees

established under section 590h(b) of title 16; and

(ii) enter into agreements to use, on a reimbursable or

nonreimbursable basis, the services of administrators of

Federal milk marketing orders and State milk marketing

programs.

(6) The term ''United States'' as used in paragraphs (2) and

(3) of this subsection means the forty-eight contiguous States in

the continental United States.

(7) The Secretary shall carry out this subsection through the

Commodity Credit Corporation.

-SOURCE-

(Oct. 31, 1949, ch. 792, title II, Sec. 201, 63 Stat. 1052; Aug.

28, 1954, ch. 1041, title II, Sec. 203(a), 204(b), title VII, Sec.

709, 68 Stat. 899, 912; Apr. 2, 1956, ch. 159, Sec. 1, 70 Stat. 86;

July 20, 1956, ch. 661, 70 Stat. 596; Pub. L. 85-835, title V, Sec.

503, Aug. 28, 1958, 72 Stat. 996; Pub. L. 86-799, Sept. 16, 1960,

74 Stat. 1054; Pub. L. 91-524, title II, Sec. 202, Nov. 30, 1970,

84 Stat. 1361; Pub. L. 93-86, Sec. 1(3), Aug. 10, 1973, 87 Stat.

222; Pub. L. 93-225, Dec. 29, 1973, 87 Stat. 942; Pub. L. 95-113,

title II, Sec. 203, title IX, Sec. 901, 902, Sept. 29, 1977, 91

Stat. 920, 949; Pub. L. 96-127, Sec. 1, Nov. 28, 1979, 93 Stat.

981; Pub. L. 96-494, title II, Sec. 202(c), Dec. 3, 1980, 94 Stat.

2570; Pub. L. 97-6, Mar. 31, 1981, 95 Stat. 8; Pub. L. 97-35, title

I, Sec. 150, Aug. 13, 1981, 95 Stat. 369; Pub. L. 97-98, title I,

Sec. 103, title VIII, Sec. 801, title IX, Sec. 901, Dec. 22, 1981,

95 Stat. 1219, 1256, 1257; Pub. L. 97-253, title I, Sec. 101, Sept.

8, 1982, 96 Stat. 763; Pub. L. 98-180, title I, Sec. 102(a), Nov.

29, 1983, 97 Stat. 1128; Pub. L. 99-114, Sec. 1, Oct. 1, 1985, 99

Stat. 488; Pub. L. 99-157, Sec. 1, Nov. 15, 1985, 99 Stat. 818;

Pub. L. 99-182, Sec. 1, Dec. 13, 1985, 99 Stat. 1173; Pub. L.

99-198, title I, Sec. 101(a)-(e), title VIII, Sec. 801, title IX,

Sec. 901, title X, Sec. 1008, 1041, Dec. 23, 1985, 99 Stat.

1362-1365, 1441, 1443, 1452, 1464; Pub. L. 99-260, Sec. 10, Mar.

20, 1986, 100 Stat. 52; Pub. L. 100-45, Sec. 15(a), May 27, 1987,

101 Stat. 325; Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 638),

Dec. 22, 1987, 101 Stat. 1329-322, 1329-357; Pub. L. 100-203, title

I, Sec. 1104(c)-(e), Dec. 22, 1987, 101 Stat. 1330-4; Pub. L.

100-387, title I, Sec. 102(a), Aug. 11, 1988, 102 Stat. 932; Pub.

L. 101-239, title I, Sec. 1007, Dec. 19, 1989, 103 Stat. 2110; Pub.

L. 101-624, title VII, Sec. 701(1), title IX, Sec. 901(1), title

XI, Sec. 1161(b), title XXII, Sec. 2236(a), Nov. 28, 1990, 104

Stat. 3457, 3478, 3520, 3961; Pub. L. 102-237, title I, Sec.

113(8), Dec. 13, 1991, 105 Stat. 1838.)

-REFTEXT-

REFERENCES IN TEXT

Section 1446e of this title, referred to in subsec. (c), was

repealed by Pub. L. 104-127, title I, Sec. 141(g), Apr. 4, 1996,

110 Stat. 915.

The Agricultural Adjustment Act, as reenacted with amendments by

the Agricultural Marketing Agreement Act of 1937, referred to in

subsec. (d)(2)(D), is title I of act May 12, 1933, ch. 25, 48 Stat.

31, as amended, which is classified generally to chapter 26 (Sec.

601 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 601 of

this title and Tables.

The order issued by the President on February 1, 1986, referred

to in subsec. (d)(2)(E)(i), is set out as a note under section 902

of Title 2, The Congress.

Section 252 of the Balanced Budget and Emergency Deficit Control

Act of 1985, referred to in subsec. (d)(2)(E)(i), (F)(i)(I), is

classified to section 902 of Title 2, The Congress, and was amended

generally by Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5,

1990, 104 Stat. 1388-581. Provisions relating to Presidential

orders are contained in section 904(f)(5) of Title 2.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (d)(2)(F)(i)(I), is title II of Pub. L.

99-177, Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted

chapter 20 (Sec. 900 et seq.) and sections 654 to 656 of Title 2,

The Congress, amended sections 602, 622, 631 to 642, and 651 to 653

of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and

Finance, and section 911 of Title 42, The Public Health and

Welfare, repealed section 661 of Title 2, enacted provisions set

out as notes under section 900 of Title 2 and section 911 of Title

42, and amended provisions set out as a note under section 621 of

Title 2. For complete classification of this Act to the Code, see

Short Title note set out under section 901 of Title 2 and Tables.

-MISC2-

AMENDMENTS

1991 - Subsecs. (b), (c). Pub. L. 102-237 redesignated subsec.

(b), relating to price supports for milk, as (c).

1990 - Subsec. (a). Pub. L. 101-624, Sec. 701(1), 901(1),

1161(b)(1), designated opening paragraph as subsec. (a) and

substituted ''oilseeds (including soybeans, sunflower seed, canola,

rapeseed, safflower, flaxseed, mustard seed, and such other

oilseeds as the Secretary may determine),'' for ''tung nuts,'',

''honey, milk, sugar beets, and sugarcane'' for ''honey, and

milk'', and ''in accordance with this subchapter.'' for ''as

follows:''.

Subsecs. (b), (c). Pub. L. 101-624, Sec. 1161(b)(2), (3),

redesignated subsec. (c) as (b) and substituted reference to

section 1446e of this title for reference to subsection (d) of this

section.

Subsec. (k)(2). Pub. L. 101-624, Sec. 2236(a), temporarily

designated existing text as subpar. (A) and added subpar. (B). See

Effective and Termination Dates of 1990 Amendment note below.

1989 - Subsec. (d)(1)(C)(ii), (iii). Pub. L. 101-239, Sec.

1007(1), temporarily inserted in cl. (ii) ''clause (iii) and''

after ''Except as provided in'' and added cl. (iii). See Effective

and Termination Dates of 1989 Amendment note below.

Subsec. (d)(1)(D)(i). Pub. L. 101-239, Sec. 1007(2), temporarily

substituted ''calendar year 1990'' for ''each of the calendar years

1988 and 1990'' and ''may reduce by not more than'' for ''shall

reduce by''. See Effective and Termination Dates of 1989 Amendment

note below.

1988 - Subsec. (d)(1)(D). Pub. L. 100-387 substituted ''if for

each of the calendar years 1988 and 1990'' for ''if for any of the

calendar years 1988, 1989, and 1990''.

1987 - Pub. L. 100-45, Sec. 15(a)(1), temporarily inserted

''sunflower seeds,'' after ''soybeans,'' in first sentence. See

Effective and Termination Dates of 1987 Amendments note below.

Subsec. (b)(1)(D). Pub. L. 100-203, Sec. 1104(c), temporarily

added subpar. (D). See Effective and Termination Dates of 1987

Amendments note below.

Subsec. (d)(2)(A). Pub. L. 100-202, Sec. 101(k) (title VI, Sec.

638(1)), substituted ''Beginning after March 31, 1986,'' for

''During the period beginning on April 1, 1986, and ending on

September 30, 1987,''.

Subsec. (d)(2)(B). Pub. L. 100-202, Sec. 101(k) (title VI, Sec.

638(2)), substituted ''subparagraphs (E) and (F)'' for

''subparagraph (E)''.

Subsec. (d)(2)(C). Pub. L. 100-203, Sec. 1104(d)(1), substituted

''this paragraph'' for ''subparagraph (A)''.

Subsec. (d)(2)(F). Pub. L. 100-203, Sec. 1104(d)(2), added

subpar. (F) directing Secretary to provide for reduction of 2 1/2

cents per hundredweight in price received by producers during

calendar year 1988.

Pub. L. 100-202, Sec. 101(k) (title VI, Sec. 638(3)), added

subpar. (F) directing Secretary to provide for reduction under

subpar. (A) as the sole means of achieving any reduction in budget

outlays in milk price-support system under Presidential

budget-cutting orders.

Subsec. (j)(7). Pub. L. 100-203, Sec. 1104(e), added par. (7).

Subsec. (l). Pub. L. 100-45, Sec. 15(a)(2), temporarily added

subsec. (l). See Effective and Termination Dates of 1987 Amendments

note below.

1986 - Subsec. (d)(2)(B). Pub. L. 99-260, Sec. 10(1), substituted

''Except as provided in subparagraph (E), the'' for ''The''.

Subsec. (d)(2)(E). Pub. L. 99-260, Sec. 10(2), added subpar. (E).

1985 - Pub. L. 99-198, Sec. 801(1), 901(1), in provisions

preceding subsec. (a), temporarily reenacted without change the

amendments made in 1977 by sections 901(1) and 902(1) of Pub. L.

95-113 and in 1981 by sections 801(1) and 901(1) of Pub. L. 97-98,

which inserted references to soybeans, sugar beets, and sugar

cane. See Effective and Termination Dates of Amendments notes for

1985, 1981, and 1977, respectively, set out below.

Subsec. (b). Pub. L. 99-198, Sec. 1041, amended subsec. (b)

generally, temporarily substituting provisions for loans, purchases

and other price supports for the 1986 through 1990 crops of honey,

and repayment of loans under this subsection, as well as penalties

for pledging adulterated or imported honey as collateral to secure

such loans, for provisions for support of the price of honey

through loans, purchases or other operations, without any crop year

restrictions, at a level not in excess of 90 per centum nor less

than 60 per centum of the parity price thereof, and struck out

provisions for price support for tung nuts through the 1976 crop

year. See Effective and Termination Dates of 1985 Amendments note

below.

Subsec. (c). Pub. L. 99-198, Sec. 101(d), substituted ''Except as

provided in subsection (d) of this section, the price'' for ''The

price''.

Subsec. (d)(1). Pub. L. 99-198, Sec. 101(a), in amending par. (1)

generally, substituted provisions adjusting milk price support

levels for calendar years 1986 through 1990 by gradually reducing

the price support from $11.60 per hundredweight to $11.10 per

hundredweight, providing for adjustments of 50 cents per

hundredweight in the support level for calendar years 1988 through

1990 depending on projected sales levels for provisions setting

price support levels for calendar years 1983 through 1985 by

gradually reducing the price support from $13.10 per hundredweight

to $12.60 per hundredweight, and providing for adjustments of 50

cents per hundredweight in the support level for twelve month

periods beginning on April 1, 1985 and/or July 1, 1985, depending

on projected sales levels.

Subsec. (d)(1)(B). Pub. L. 99-182 substituted ''December 31,

1985'' for ''December 13, 1985''.

Pub. L. 99-157 substituted ''December 13, 1985'' for ''November

15, 1985''.

Pub. L. 99-114 substituted ''November 15, 1985'' for ''September

30, 1985''.

Subsec. (d)(2). Pub. L. 99-198, Sec. 101(a), in amending par. (2)

generally, substituted provisions for a reduction in the price

received by producers for all milk produced in the United States

and marketed for commercial use in an amount of 40 cents per

hundredweight for the period between Apr. 1, 1986, and Dec. 31,

1986, and 25 cents per hundredweight during the first 9 months of

1987 for provisions for a reduction of 50 cents per hundredweight

in such price effective for the period beginning with the first day

of the first calendar month following Nov. 29, 1983, and ending on

Mar. 31, 1985, and struck out provisions relating to the continued

applicability of pars. (2) to (7) of this subsection between Nov.

29, 1983, and the last day of November, 1983, and the

inapplicability of sections 4501 to 4513 of this title to prior

deductions or collections under this subsection, and provisions

that to the extent that funds collected under this paragraph were

inadequate to make payments to producers under par. (3), such

payments had to be made using otherwise available funds.

Subsec. (d)(3)(A). Pub. L. 99-198, Sec. 101(b)(1), in amending

subpar. (A) generally, substituted provisions for a milk production

termination program for the 18-month period beginning Apr. 1, 1986,

for provisions for a milk diversion program under which Secretary

had to offer to enter into a contract, at any time up to Feb. 1,

1984, with any producer of milk in the United States to reduce the

quantity of commercially marketed milk during the 15-month period

beginning Jan. 1, 1984.

Subsec. (d)(3)(B). Pub. L. 99-198, Sec. 101(b)(1), in amending

subpar. (B) generally, substituted provisions authorizing Secretary

to establish and carry out a milk diversion or milk production

termination program for any of the calendar years 1988, 1989 and

1990 for provisions which had enumerated the requirements for

contracts between Secretary and any domestic producer of milk to

reduce the quantity of commercially marketed milk during the

15-month period beginning Jan. 1, 1984.

Subsec. (d)(3)(C). Pub. L. 99-198, Sec. 101(b)(1), in amending

subpar. (C) generally, substituted provisions requiring Secretary

to take into account any adverse effect of any milk diversion or

milk production program or contracts on beef, pork and poultry

producers in the United States and to take all feasible steps to

minimize such effect for provisions requiring Secretary to pay to

producers complying with such contracts an amount equal to the

product of $10 per hundredweight and the amount, measured in

hundredweights, by which the quantity of milk marketed by such

producer for commercial use during the period specified in such

contract was less than the quantity of milk marketed by such

producer for commercial use during the marketing history period.

Subsec. (d)(3)(D). Pub. L. 99-198, Sec. 101(b)(1), in amending

subpar. (D) generally, substituted provisions establishing

eligibility of producers who have acquired their entire milk

production facility and dairy herd by gift or inheritance from

family member or members for provisions prohibiting payments to

producers with respect to whom any reduction in the quantity of

milk did not meet specified percentage guidelines.

Subsec. (d)(3)(E). Pub. L. 99-198, Sec. 101(b)(1), (3), struck

out subpar. (E) which specified conditions under which Secretary

could modify contracts entered into under this paragraph, and

redesignated subpar. (K) as (E).

Subsec. (d)(3)(F). Pub. L. 99-198, Sec. 101(b)(1), struck out

subpar. (F) which required domestic producers of milk seeking to

enter into contracts for diversion payments to provide Secretary

with evidence of such producer's marketing history, as defined by

this subparagraph, which Secretary could adjust to take into

account natural disasters or other conditions and factors where

necessary.

Subsec. (d)(3)(G). Pub. L. 99-198, Sec. 101(b)(1), struck out

subpar. (G) which provided that no marketing history could be

assigned to any producer who commenced marketing milk after Dec.

31, 1982, except as provided in subpar. (H).

Subsec. (d)(3)(H). Pub. L. 99-198, Sec. 101(b)(2), struck out

subpar. (H) which provided that a producer's marketing history

could not be transferred to another person unless the producer's

entire milk production facility and dairy herd were transferred by

reason of the death of the producer, a gift by the producer, or to

a member or members of the family of the producer.

Subsec. (d)(3)(I). Pub. L. 99-198, Sec. 101(b)(2), struck out

subpar. (I) which provided that eligibility for diversion payments

would be determined on the basis of the marketing history provided

for under subpar. (F).

Subsec. (d)(3)(J). Pub. L. 99-198, Sec. 101(b)(2), struck out

subpar. (J) which provided for quarterly diversion payments to

eligible producers who were able to demonstrate compliance with

terms of contract with Secretary for reduction in commercial

marketing of milk.

Subsec. (d)(3)(K). Pub. L. 99-198, Sec. 101(b)(3), redesignated

subpar. (K) as (E).

Subsec. (d)(3)(L). Pub. L. 99-198, Sec. 101(b)(2), struck out

subpar. (L) which provided conditions under which a producer could

assign a contract entered into under this paragraph.

Subsec. (d)(3)(O). Pub. L. 99-198, Sec. 101(b)(2), struck out

subpar. (O) which authorized Secretary to adjust the producer's

diversion payments to reflect the composition of milk marketed

during the marketing history period, in the event of substantial

deviation in the composition of milk marketed after that period.

Subsec. (d)(5)(B)(i). Pub. L. 99-198, Sec. 101(c), designated

existing provisions as cl. (i), struck out ''(i)'' after ''Each

person'', substituted ''or who fails to remit'' for '', (ii) who

fails to remit'', struck out '', or (iii) who fails to make the

reduction in marketings required by a contract under paragraph

(3)'' before ''shall be liable'', and added cls. (ii) to (v).

Subsec. (d)(7). Pub. L. 99-198, Sec. 101(e), added par. (7).

Subsecs. (i) to (k). Pub. L. 99-198, Sec. 801(2), 901(2), 1008,

temporarily added subsecs. (i) to (k). See Effective and

Termination Dates of 1985 Amendment note below.

1983 - Subsec. (d). Pub. L. 98-180 amended subsec. (d) generally,

substituting provision designed to adjust milk production to levels

consistent with the national demand for milk and milk products by

reducing the price support to $12.60 per hundredweight, with

provision for further increase or decrease depending on volume,

providing a 50 cents reduction per hundredweight in the price on

all milk produced in the United States and marketed by producers

for commercial use, and establishing a milk diversion program to

reduce milk production for provision which kept the price support

at $13.10 per hundredweight and authorized Secretary to collect

$1.00 from farmers for every hundredweight of production sold, with

the first 50 cents, payable beginning Oct. 1, 1982, to be

nonrefundable, and the second 50 cents, payable beginning Apr. 1,

1983, refundable if the farmer could demonstrate reduced commercial

marketings from such marketings during a defined base period.

1982 - Subsec. (c). Pub. L. 97-253, Sec. 101(1), struck out

provision specifying milk price supports for the period beginning

Dec. 22, 1981, and ending Sept. 30, 1982, and for fiscal years

ending Sept. 30, 1983, 1984, and 1985, with authority for Secretary

to set milk price supports if he estimated that for such a fiscal

year the net cost of Government price support purchases would be

less than $1,000,000,000 for that fiscal year or if he estimated

that the net Government price support purchases would be less than

a specified poundage per fiscal year.

Subsec. (d). Pub. L. 97-253, Sec. 101(2), added subsec. (d).

1981 - Pub. L. 97-98, Sec. 801(1), 901(1), temporarily inserted

reference in provision preceding subsec. (a) to soybeans, sugar

beets, and sugarcane. See Effective and Termination Dates of 1981

Amendment note below.

Subsec. (c). Pub. L. 97-98, Sec. 103(1), substituted provision

specifying milk price supports for the period beginning Dec. 22,

1981, and ending Sept. 30, 1982, and for fiscal years ending Sept.

30, 1983, 1984, and 1985, with authority for Secretary to set milk

price supports if he estimates that for such a fiscal year the net

cost of Government price support purchases will be less than

$1,000,000,000 for that fiscal year or if he estimates that the net

Government price support purchases will be less than a specified

poundage per fiscal year for provision specifying the procedure and

setting a schedule to be used to determine milk price supports for

the period beginning Oct. 1, 1981, and ending Sept. 30, 1985.

Pub. L. 97-35, Sec. 150(1), substituted provisions setting forth

price support levels for the period beginning Oct. 1, 1981, and

ending Sept. 30, 1985, for provisions setting forth price support

levels for the period beginning Oct. 1, 1977, and ending Sept. 30,

1981.

Subsec. (d). Pub. L. 97-98, Sec. 103(2), struck out subsec. (d)

which provided that, effective for the period beginning Oct. 1,

1982, and ending Sept. 30, 1985, the support price of milk be

adjusted by the Secretary at the beginning of each semiannual

period to reflect the estimated change in the parity index during

such semiannual period.

Pub. L. 97-35, Sec. 150(2), added subsec. (d).

Pub. L. 97-6 struck out subsec. (d) which required that, for the

period Oct. 1, 1977, to Sept. 30, 1981, the support price of milk

be adjusted semiannually.

Subsecs. (g), (h). Pub. L. 97-98, Sec. 801(2), 901(2),

temporarily added subsecs. (g) and (h). See Effective and

Termination Dates of 1981 Amendments note below.

1980 - Subsec. (e). Pub. L. 96-494 inserted proviso that 1981

crop of soybeans shall be supported through loans and purchases at

not less than $5.02 per bushel.

1979 - Subsec. (c). Pub. L. 96-127, Sec. 1(a), substituted Sept.

30, 1981, for Mar. 31, 1979.

Subsec. (d). Pub. L. 96-127, Sec. 1(b), substituted Sept. 30,

1981, for Mar. 31, 1981.

1977 - Pub. L. 95-113, Sec. 901(1), 902(1), temporarily inserted

references to soybeans, sugar beets, and sugar cane in provisions

preceding subsec. (a). See Effective and Termination Dates of 1977

Amendment note below.

Subsec. (c). Pub. L. 95-113, Sec. 203(1), substituted the period

Oct. 1, 1977, through Mar. 31, 1979, for the period Aug. 10, 1973,

through Mar. 31, 1975, as the period during which the price of milk

shall be supported at not less than 80 per centum of parity.

Subsec. (d). Pub. L. 95-113, Sec. 203(2), added subsec. (d).

Subsecs. (e), (f). Pub. L. 95-113, Sec. 901(2), 902(2),

temporarily added subsecs. (e) and (f). See Effective and

Termination Dates of 1977 Amendment note below.

1973 - Subsec. (b). Pub. L. 93-225 limited tung nuts price

support level provisions to tung nuts through the 1976 crop year.

Prior provisions were applicable to tung nuts without any crop year

restriction.

Subsec. (c). Pub. L. 93-86 inserted ''of pure and wholesome milk

to meet current needs, reflect changes in the cost of production,

and assure a level of farm income adequate to maintain productive

capacity sufficient to meet anticipated future needs'' after

''necessary in order to assure an adequate supply'' and inserted

provision that for the period August 10, 1973, through March 31,

1975, the price of milk shall be supported at not less than 80 per

centum of the parity price therefor.

1970 - Pub. L. 91-524 substituted ''and milk'' for ''milk,

butterfat, and products of milk and butterfat'' in provisions

preceding subsec. (a) and struck out provisions for butterfat price

supports in subsec. (c).

1960 - Subsec. (c). Pub. L. 86-799 inserted ''Notwithstanding the

foregoing provisions, for the period beginning with September 16,

1960, and ending March 31, 1961, the price of milk for

manufacturing purposes and the price of butterfat shall be

supported at not less than $3.22 per hundredweight and 59.6 cents

per pound, respectively.''

1958 - Subsec. (b). Pub. L. 85-835 required minimum support level

of tung oil to be 65 per centum of parity whenever domestic

production is less than anticipated domestic demand.

1956 - Subsec. (c). Act July 20, 1956, struck out ''as are''

before ''devoted,'' and substituted ''children'' for

''underprivileged children on a public welfare or charitable

basis''.

Act Apr. 2, 1956 increased amount authorized for fiscal year 1956

from $50,000,000 to $60,000,000, to authorize $75,000,000 for each

of fiscal years 1957 and 1958, and permitted certain institutions

devoted to care and training of underprivileged children on a

public welfare or charitable basis to share in the program.

1954 - Act Aug. 28, 1954, Sec. 203(a), 709, removed Irish

potatoes and wool (including mohair) from price support list in

provisions preceding subsec. (a).

Subsec. (a). Act Aug. 28, 1954, Sec. 709, struck out subsec. (a)

relating to support of wool and mohair.

Subsec. (b). Act Aug. 28, 1954, Sec. 203(a), struck out reference

to Irish potatoes.

Subsec. (c). Act Aug. 28, 1954, Sec. 204(b), provided for

disposal of surplus dairy stocks owned by CCC.

EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT

Amendment by sections 701(1), 901(1), and 1161(b) of Pub. L.

101-624 effective beginning with 1991 crop of an agricultural

commodity, with provision for prior crops, see section 1171 of Pub.

L. 101-624, set out as an Effective Date of 1990 Amendment note

under section 1421 of this title.

Section 2236(a) of Pub. L. 101-624 provided that the amendment by

that section is effective only for 1990 crop of sugarcane.

EFFECTIVE AND TERMINATION DATES OF 1989 AMENDMENT

Section 1007 of Pub. L. 101-239 provided that the amendment made

by that section is effective only for calendar year 1990.

EFFECTIVE AND TERMINATION DATES OF 1987 AMENDMENTS

Section 1104(c) of Pub. L. 100-203 provided that the amendment

made by that section is effective only for 1987 through 1990 crops

of honey.

Section 15(a) of Pub. L. 100-45 provided that the amendment made

by that section is effective for 1987 through 1990 crops of

sunflowers.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 10 of Pub. L. 99-260 provided that the amendment made by

that section is effective Mar. 1, 1986.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 101(f) of Pub. L. 99-198 provided that: ''The provisions

of this section (amending this section) shall become effective

January 1, 1986.''

Section 801 of Pub. L. 99-198 provided that the amendment made by

that section is effective only for 1986 through 1990 crops of

soybeans.

Section 901 of Pub. L. 99-198 provided that the amendment made by

that section is effective only for 1986 through 1990 crops of sugar

beets and sugarcane.

Section 1008 of Pub. L. 99-198 provided that the amendment made

by that section is effective only for 1985 through 1990 crops of

peanuts, soybeans, sugar beets, and sugarcane.

Section 1041 of Pub. L. 99-198 provided that the amendment made

by that section is effective only for 1986 through 1990 crops of

honey.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 101(1) of Pub. L. 97-253 provided that the amendment made

by that section is effective Oct. 1, 1982.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENTS

Section 801 of Pub. L. 97-98 provided that the amendment made by

that section is effective only for 1982 through 1985 crop of

soybeans.

Section 901 of Pub. L. 97-98 provided that the amendment made by

that section is effective only for 1982 through 1985 crop of sugar

beets and sugarcane.

Amendment by section 103 of Pub. L. 97-98 effective Dec. 22,

1981, see section 1801 of Pub. L. 97-98, set out as an Effective

Date note under section 4301 of this title.

Section 150 of Pub. L. 97-35 provided that the amendment made by

that section is effective Oct. 1, 1981.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-494 effective Dec. 3, 1980, see section

213 of Pub. L. 96-494, set out as an Effective Date note under

section 4001 of this title.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Section 901 of Pub. L. 95-113 provided that the amendment made by

that section is effective only with respect to 1978 through 1981

crops of soybeans.

Section 902 of Pub. L. 95-113 provided that the amendment made by

that section is effective only with respect to 1977 and 1978 crops

of sugar beets and sugar cane.

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, except as

otherwise specifically provided, see section 1901 of Pub. L.

95-113, set out as a note under section 1307 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 1(3)(B) of Pub. L. 93-86 provided that the amendment made

by that section is effective Apr. 1, 1974.

EFFECTIVE AND TERMINATION DATES OF 1970 AMENDMENT

Section 202 of Pub. L. 91-524 provided that the amendment made by

that section is effective only with respect to the period beginning

Apr. 1, 1971, and ending Mar. 31, 1974. Pub. L. 93-86, Sec.

1(3)(A), Aug. 10, 1973, 87 Stat. 222, amended section 202 of Pub.

L. 91-524 by striking out provision making amendments by section

202 effective for the period Apr. 1, 1971, to Mar. 31, 1974.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 709 of act Aug. 28, 1954, which provided that the

amendment of this section by act Aug. 28, 1954, was effective Apr.

1, 1955, was repealed by Pub. L. 103-130, Sec. 3(a), Nov. 1, 1993,

107 Stat. 1369, eff. Dec. 31, 1995.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(8) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(H) of this title.

APPLICATION OF 1990 AMENDMENTS

Section 107 of title I of Pub. L. 101-624 provided that: ''The

amendments made by this title (enacting section 1446e of this

title, amending sections 450l, 608c, and 1446a of this title and

section 713a-14 of Title 15, Commerce and Trade, and amending

provisions set out as notes under sections 608c and 1731 of this

title) shall not affect any liability of any person under section

201 of the Agricultural Act of 1949 (7 U.S.C. 1446) as in effect

before the date of the enactment of this Act (Nov. 28, 1990).''

MODIFICATION OF MILK PRODUCTION TERMINATION PROGRAM

Section 128 of Pub. L. 102-237 provided that if, with respect to

any natural disaster occurring during period beginning on Oct. 1,

1990, and ending on Feb. 1, 1991, the Secretary of Agriculture

determines that natural disaster renders unusable land or milk

production facilities of producers on a farm, the Secretary shall

allow the producers to transfer the production unit (including

dairy animals and equipment) to farm idled under milk production

termination program established under subsec. (d)(3) of this

section, without penalty, if the producers on the farm agree to

comply with all terms and conditions of program contract for

remainder of contract period.

TRIGGERED MARKETING LOANS AND EXPORT ENHANCEMENT

Pub. L. 100-418, title IV, Sec. 4301, Aug. 23, 1988, 102 Stat.

1395, directed President, if, before Jan. 1, 1990, law had not been

enacted in accordance with 19 U.S.C. 2191 implementing agreement

negotiated under Uruguay round of multilateral trade negotiations

conducted under General Agreement on Tariffs and Trade concerning

agricultural trade, to submit, not later than 45 days after such

date, report to Congress describing status of GATT negotiations

concerning agricultural trade, and to certify to Congress whether

significant progress had been made in negotiations, and provided

authority for a marketing loan program if President did not so

certify, and authority for an export enhancement program, if

President waived or discontinued marketing loan program, prior to

repeal by Pub. L. 104-127, title II, Sec. 263(b), (c), Apr. 4,

1996, 110 Stat. 974, effective beginning with 1996 crops of wheat,

feed grains, upland cotton, and rice.

PRICE SUPPORT PROGRAMS FOR SUNFLOWER SEEDS AND COTTONSEED

Pub. L. 100-418, title IV, Sec. 4302, Aug. 23, 1988, 102 Stat.

1397, directed Secretary to support price of 1990 crop of sunflower

seeds and cottonseed if producers were permitted to repay loans for

1990 crop of soybeans under subsec. (i) of this section at level

that was less than full amount of loan pursuant to section 4301 of

Pub. L. 100-418 (formerly set out as a note above), and provided

that, if marketing loan program for 1990 crop of soybeans was

discontinued under section 4301(b)(3) of Pub. L. 100-418, Secretary

was to discontinue such price support programs for sunflower seeds

and cottonseed.

TEMPORARY INCREASE IN PRICE SUPPORT FOR MILK; IMPLEMENTATION

Pub. L. 101-7, Sec. 1, Mar. 29, 1989, 103 Stat. 9, provided for

allocation of price support increases and decreases between non-fat

dry milk and butter with respect to purchases of butter and non-fat

dry milk made under subsec. (d) of this section, in carrying out

temporary $0.50 per hundredweight increase in rate of price support

for milk provided for in section 102(b) of Pub. L. 100-387

(formerly set out below) and in implementing $0.50 per

hundredweight decrease in rate of price support for milk scheduled

to occur on July 1, 1989, as provided in such section 102(b).

Section 102(b) of Pub. L. 100-387 provided that notwithstanding

subsec. (d)(1) of this section, the rate of price support for milk

in effect under such subsection immediately before Apr. 1, 1989,

shall be increased by 50 cents throughout the period beginning on

Apr. 1, 1989, and ending on June 30, 1989.

REPORT TO COMMITTEES OF CONGRESS

Section 301(a)(2) of Pub. L. 100-387, directed Secretary of

Agriculture, not earlier than Feb. 1, 1989, and not later than Mar.

1, 1989, with respect to 1989 crop of soybeans, and not later than

Sept. 1, 1989, with respect to 1990 crop of soybeans, to submit to

Congress statement setting forth reasons for implementing or not

implementing soybean marketing loan program authorized under

subsec. (i)(3) of this section.

SENSE OF CONGRESS

Section 15(b) of Pub. L. 100-45 stated sense of Congress that, if

producers were permitted to repay loans for a crop of soybeans

under subsec. (i) of this section at a level that is less than the

full amount of the loan, the Secretary should make loans and

purchases available for such crop of sunflowers in accordance with

subsec. (l)(1) of this section and permit producers to repay such

loans in accordance with subsec. (l)(2) of this section.

APPLICATION OF SUPPORT PRICE FOR MILK

Section 103 of Pub. L. 99-198 provided that for purposes of

supporting price of milk under subsec. (d) of this section, the

Secretary of Agriculture was not to take into consideration any

market value of whey.

AVOIDANCE OF ADVERSE EFFECT OF MILK PRODUCTION TERMINATION PROGRAM

ON BEEF, PORK, AND LAMB PRODUCERS

Section 104 of Pub. L. 99-198, directed Secretary of Agriculture,

in order to minimize adverse effect of milk production termination

program on beef, pork, and lamb producers during 18-month period

for which such program was in effect under subsec. (d) of this

section, to use funds available under specific programs of

Department of Agriculture to purchase and distribute quantities of

red meat in addition to those quantities normally purchased and

distributed by Secretary, directed Secretary of Defense and other

Federal agencies to use increased quantities of red meat to meet

food needs of programs they administered, encouraged State agencies

to cooperate in such effort, and directed Secretary of Agriculture

to encourage consumption of red meat by the public.

CIRCUMVENTION OF HISTORICAL DISTRIBUTION OF MILK

Section 107 of Pub. L. 99-198 directed Secretary of Agriculture

to monitor Commodity Credit Corporation purchases of milk products

during 1986 and 1987 and report to Congress, on a quarterly basis,

on disruptions of, or attempts by handlers or cooperative marketing

associations to circumvent, historical distribution of milk among

processors during the milk production termination program.

APPLICATION OF 1985 AMENDMENTS

Section 108 of subtitle A (Sec. 101-108) of title I of Pub. L.

99-198 provided that: ''The amendments made by this subtitle

(enacting section 1446c-2 of this title, amending this section, and

enacting provisions set out as notes above) shall not affect any

liability of any person under section 201 of the Agricultural Act

of 1949 (7 U.S.C. 1446) as in effect before the date of the

enactment of this Act (Dec. 23, 1985).''

NATIONAL COMMISSION ON DAIRY POLICY

Subtitle D (Sec. 141-146) of title I of Pub. L. 99-198, as

amended by Pub. L. 100-28, Sec. 1, Apr. 24, 1987, 101 Stat. 291,

established a National Commission on Dairy Policy to study and make

recommendations concerning future operation of the Federal program

established to support price of milk marketed by producers in the

United States, directed Commission to submit to Secretary of

Agriculture and Congress, not later than Mar. 31, 1988, a report

containing results of its study and its recommendations, and

provided for termination of Commission 30 days after submitting its

report.

APPLICABILITY OF SUBSECTION (D)(2), (3) TO 48 CONTIGUOUS STATES,

DECEMBER 1983, THROUGH MAY 1984

Pub. L. 98-213, Sec. 14, Dec. 8, 1983, 97 Stat. 1462, provided

that effective with respect to milk marketed for commercial use

during period beginning on Dec. 1, 1983 and ending on May 31, 1984,

subsec. (d)(2) and (3) of this section was to apply only to milk

produced in the forty-eight contiguous States.

IMPLEMENTATION OF SUBSECTION (D) WITHOUT REGARD TO PUBLIC

PARTICIPATION IN RULEMAKING

Section 102 of Pub. L. 99-198 provided that 5 U.S.C. 553 was not

to apply with respect to implementation of subsec. (d) of this

section by the Secretary of Agriculture.

Section 102(b) of Pub. L. 98-180 directed Secretary of

Agriculture to implement provisions of subsec. (d) of this section,

as amended by section 102(a) of Pub. L. 98-180, without regard to

the provisions requiring notice and other procedures for public

participation in rulemaking contained in 5 U.S.C. 553.

AVOIDANCE OF ADVERSE IMPACT OF DAIRY DIVERSION PROGRAM ON BEEF AND

PORK PRODUCERS

Section 103 of Pub. L. 98-180 provided that in order to minimize

adverse impact of the dairy diversion program on beef and pork

producers, Secretary of Agriculture was to use funds available for

purposes of 7 U.S.C. 612c(2) and other funds available under

commodity distribution and other nutrition programs of Department

of Agriculture to increase use of beef and pork for such purposes,

Secretary of Defense and other Federal and State agencies were

encouraged to use increased quantities of beef and pork to meet

food needs of programs which they administered, and Secretary of

Agriculture was to take appropriate action to encourage consumption

of beef and pork by members of public.

PRICE SUPPORT OF MILK FOR PERIOD BEGINNING OCTOBER 1, 1981, AND

ENDING NO LATER THAN DECEMBER 31, 1981

Pub. L. 97-67, Sec. 1, Oct. 20, 1981, 95 Stat. 1039, as amended

by Pub. L. 97-77, Sec. 2(a), Nov. 13, 1981, 95 Stat. 1069, provided

that notwithstanding provisions of subsec. (c) of this section, the

price of milk was to be supported at the level of $13.10 per

hundredweight for milk containing 3.67 per centum butterfat for the

period beginning Oct. 1, 1981, and ending Dec. 22, 1981.

CONTINUATION OF SPECIAL MILK PROGRAM FOR CHILDREN

Pub. L. 85-478, July 1, 1958, 72 Stat. 276, as amended by Pub. L.

86-10, Apr. 3, 1959, 73 Stat. 15; Pub. L. 86-163, Aug. 18, 1959, 73

Stat. 363; Pub. L. 86-446, Sec. 1, 2, Apr. 29, 1960, 74 Stat. 84;

Pub. L. 87-67, June 30, 1961, 75 Stat. 147; Pub. L. 87-128, title

IV, Sec. 402, Aug. 8, 1961, 75 Stat. 319, authorized, for the

fiscal years 1960-1962, the use of the funds of the Commodity

Credit Corporation to increase the consumption of fluid milk by

children (1) in nonprofit schools of high-school grade and under;

and (2) in nonprofit nursery schools, child-care centers,

settlement houses, summer camps, and similar nonprofit institutions

devoted to the care and training of children. Appropriations were

further authorized for fiscal years 1963-1967 for the same

purposes.

STUDY OF PRODUCTION CONTROL AND PRICE SUPPORTS; REPORT OF CONGRESS

Section 204(f) of act Aug. 28, 1954, directed Secretary of

Agriculture to make a study of various methods of production

control and of 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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 612c, 1447, 4514, 7301,

7992 of this title; title 2 section 906.

-CITE-

7 USC Sec. 1446a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446a. Dairy products; availability through Commodity Credit

Corporation

-STATUTE-

As a means of increasing the utilization of dairy products

(including for purposes of this section, milk) upon the

certification by the Secretary 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) Secretary of Veterans Affairs; needs; report to Congress

The Commodity Credit Corporation until December 31, 1995, shall

make available to the Secretary of Veterans Affairs at warehouses

where dairy products are stored, such dairy products acquired under

price-support programs as the Secretary of Veterans Affairs

certifies that he requires in order to provide butter and cheese

and other dairy products as a part of the ration in hospitals under

his jurisdiction. The Secretary of Veterans Affairs shall report

every six months to the Committee on Agriculture, Nutrition, and

Forestry of the Senate and the Committee on Agriculture of the

House of Representatives and the Secretary of Agriculture the

amount of dairy products used under this subsection.

(b) Secretary of the Army; needs; report to Congress

The Commodity Credit Corporation until December 31, 1995, 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 (1) of the Army, Navy, Air Force, or Coast

Guard, (2) in hospitals under the jurisdiction of the Department of

Defense, and (3) of cadets and midshipmen at, and other personnel

assigned to, the United States Merchant Marine Academy. The

Secretary of the Army shall report every six months to the

Committee on Agriculture, Nutrition, and Forestry of the Senate and

the Committee on Agriculture of the House of Representatives and

the Secretary of Agriculture the amount of dairy products used

under this subsection.

(c) Costs

Dairy products made available under this section shall be made

available without charge, except that the Secretary of the Army or

the Secretary of Veterans Affairs shall pay the Commodity Credit

Corporation the costs of packaging incurred in making such products

so available.

(d) Dairy products available

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 1431 (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Oct. 31, 1949, ch. 792, title II, Sec. 202, as added Aug. 28,

1954, ch. 1041, title II, Sec. 204(d), 68 Stat. 900; amended Apr.

2, 1956, ch. 159, Sec. 3, 70 Stat. 87; Pub. L. 85-835, title V,

Sec. 504, Aug. 28, 1958, 72 Stat. 996; Pub. L. 87-128, title IV,

Sec. 403, Aug. 8, 1961, 75 Stat. 319; Pub. L. 87-495, June 25,

1962, 76 Stat. 109; Pub. L. 88-529, Aug. 31, 1964, 78 Stat. 736;

Pub. L. 90-140, Nov. 16, 1967, 81 Stat. 464; Pub. L. 91-524, title

II, Sec. 203, Nov. 30, 1970, 84 Stat. 1361; Pub. L. 93-86, Sec.

1(4), Aug. 10, 1973, 87 Stat. 223; Pub. L. 95-113, title II, Sec.

204, Sept. 29, 1977, 91 Stat. 920; Pub. L. 97-98, title I, Sec.

104, Dec. 22, 1981, 95 Stat. 1220; Pub. L. 99-198, title I, Sec.

151, Dec. 23, 1985, 99 Stat. 1377; Pub. L. 101-624, title I, Sec.

109, Nov. 28, 1990, 104 Stat. 3380; Pub. L. 102-54, Sec. 13(c),

June 13, 1991, 105 Stat. 274; Pub. L. 102-237, title I, Sec.

113(9), Dec. 13, 1991, 105 Stat. 1838; Pub. L. 103-437, Sec. 4(b),

Nov. 2, 1994, 108 Stat. 4582.)

-REFTEXT-

REFERENCES IN TEXT

Provisions (1) and (2) of section 1431 of this title, referred to

in subsec. (d), were redesignated as subsec. (a)(1) and (2) of

section 1431 of this title by Pub. L. 98-258, title V, Sec. 502(1),

Apr. 10, 1984, 98 Stat. 137.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437, Sec. 4(b)(1), substituted

''Committee on Agriculture, Nutrition, and Forestry of the Senate

and the Committee on Agriculture of the House'' for ''Committees on

Agriculture of the Senate and House''.

Subsec. (b). Pub. L. 103-437, Sec. 4(b)(2), substituted

''Committee on Agriculture, Nutrition, and Forestry of the Senate

and the Committee on Agriculture of the House'' for ''Committees on

Agriculture of the Senate and the House''.

1991 - Pub. L. 102-54 and Pub. L. 102-237, Sec. 113(9)(A),

amended introductory provisions identically, substituting

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs''.

Subsec. (a). Pub. L. 102-237, Sec. 113(9)(B), substituted

''Secretary of Veterans Affairs'' for ''Administrator'' before

''certifies'' and ''shall report''.

Pub. L. 102-54 and Pub. L. 102-237, Sec. 113(9)(A), amended

subsec. (a) identically, substituting ''Secretary of Veterans

Affairs'' for ''Administrator of Veterans' Affairs'' before ''at

warehouses''.

Subsec. (c). Pub. L. 102-54 and Pub. L. 102-237, Sec. 113(9)(A),

amended subsec. (c) identically, substituting ''Secretary of

Veterans Affairs'' for ''Administrator of Veterans' Affairs''.

1990 - Subsecs. (a), (b). Pub. L. 101-624 substituted ''1995''

for ''1990''.

1985 - Subsecs. (a), (b). Pub. L. 99-198 substituted ''1990'' for

''1985''.

1981 - Subsecs. (a), (b). Pub. L. 97-98 substituted ''1985'' for

''1981''.

1977 - Subsecs. (a), (b). Pub. L. 95-113 substituted ''1981'' for

''1977''.

1973 - Subsecs. (a), (b). Pub. L. 93-86 substituted ''1977'' for

''1973''.

1970 - Subsecs. (a), (b). Pub. L. 91-524 substituted ''1973'' for

''1970''.

1967 - Subsecs. (a), (b). Pub. L. 90-140 substituted ''1970'' for

''1967''.

1964 - Subsecs. (a), (b). Pub. L. 88-529 substituted ''1967'' for

''1964''.

1962 - Subsec. (a). Pub. L. 87-495 changed requirement of a

monthly report to one every six months.

1961 - Subsecs. (a), (b). Pub. L. 87-128 substituted ''1964'' for

''1961''.

1958 - Subsecs. (a), (b). Pub. L. 85-835 substituted ''1961'' for

''1958'' and provided for receipt of surplus dairy products by

Coast Guard and United States Merchant Marine Academy.

1956 - Subsecs. (a), (b). Act Apr. 2, 1956, substituted ''1958''

for ''1956''.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective beginning with 1991 crop

of an agricultural commodity, with provision for prior crops, see

section 1171 of Pub. L. 101-624, set out as a note under section

1421 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section

1901 of Pub. L. 95-113, set out as a note under section 1307 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1447 of this title.

-CITE-

7 USC Sec. 1446a-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446a-1. Use of Commodity Credit Corporation funds for

purchases of dairy products requirements for school and other

programs

-STATUTE-

The Secretary of Agriculture is hereby authorized to use funds of

the Commodity Credit Corporation to purchase sufficient supplies of

dairy products at market prices to meet the requirements of any

programs for the schools (other than fluid milk in the case of

schools), domestic relief distribution, community action, and such

other programs as are authorized by law, when there are

insufficient stocks of dairy products in the hands of Commodity

Credit Corporation available for these purposes.

-SOURCE-

(Pub. L. 89-321, title VII, Sec. 709, Nov. 3, 1965, 79 Stat. 1212;

Pub. L. 89-808, Sec. 3(b), Nov. 11, 1966, 80 Stat. 1538.)

-COD-

CODIFICATION

Section was enacted as part of the Food and Agriculture Act of

1965, and not as part of the Agricultural Act of 1949 which is

classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-MISC3-

AMENDMENTS

1966 - Pub. L. 89-808 struck out ''foreign distribution,'' after

''community action,'', thus deleting that part authorizing purchase

of dairy products for foreign donation, such authority now being

included in the general authority provided for by section 1721 et

seq. of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3(b) of Pub. L. 89-808 provided that the amendment made

by that section is effective Jan. 1, 1967.

COMMODITY DISTRIBUTION PROGRAM; PROHIBITION ON FURNISHING

COMMODITIES TO SUMMER CAMPS

Prohibition on furnishing commodities under authority of this

section to summer camps where number of adults participating in

activities of camp exceeds one for each five children under 18

years of age participating in such activities, see section 4(b) of

Pub. L. 93-86, Aug. 10, 1973, 87 Stat. 249, set out as a note under

section 612c of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1777, 4004 of this title;

title 42 sections 1761, 3030a, 3045f.

-CITE-

7 USC Sec. 1446b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446b. Policy with regard to dairy products

-STATUTE-

The production and use of abundant supplies of high 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 annual production of adequate supplies of milk and

dairy 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.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title II, Sec. 204(a), 68 Stat. 899.)

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1954, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-

7 USC Sec. 1446c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446c. Domestic disposal programs for dairy products

-STATUTE-

In order to prevent the accumulation of excessive inventories of

dairy products the Secretary of Agriculture shall undertake

domestic disposal programs under authorities granted in the

Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) and the

Agricultural Act of 1949, as amended (7 U.S.C. 1421 et seq.), or as

otherwise authorized by law.

-SOURCE-

(Aug. 28, 1954, ch. 1041, title II, Sec. 204(c), 68 Stat. 900.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Adjustment Act of 1938, referred to in text, is

act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which is

classified principally to chapter 35 (Sec. 1281 et seq.) of this

title. For complete classification of this Act to the Code, see

section 1281 of this title and Tables.

The Agricultural Act of 1949, referred to in text, is act Oct.

31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified

principally to chapter 35A (Sec. 1421 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1421 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agricultural Act of 1954, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

REPORT OF DAIRY PRODUCT PURCHASES

Pub. L. 101-624, title I, Sec. 105, Nov. 28, 1990, 104 Stat.

3379, provided that: ''The Secretary of Agriculture shall make

available to the public quarterly evaluations of the acquisition

and disposal of Commodity Credit Corporation purchases of dairy

products.''

-CITE-

7 USC Sec. 1446c-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446c-1. Reduction of dairy product inventories

-STATUTE-

The Secretary of Agriculture shall utilize, to the fullest extent

practicable, the authorities under the Commodity Credit Corporation

Charter Act (15 U.S.C. 714 et seq.) (including exportation of dairy

products at not less than prevailing world market prices), the

Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.

1691 et seq.), and other authorities available to the Secretary to

reduce inventories of dairy products held by the Commodity Credit

Corporation so as to reduce net Commodity Credit Corporation

expenditures to the estimated outlays for the milk price support

program used in developing budget outlays under the Congressional

Budget Act of 1974 for the appropriate fiscal year.

-SOURCE-

(Pub. L. 97-98, title I, Sec. 106, Dec. 22, 1981, 95 Stat. 1220.)

-REFTEXT-

REFERENCES IN TEXT

The Commodity Credit Corporation Charter Act, referred to in

text, is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended,

which is classified generally to subchapter II (Sec. 714 et seq.)

of chapter 15 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 714 of Title 15 and Tables.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454,

as amended, which is classified generally to chapter 41 (Sec. 1691

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1691 of this

title and Tables.

The Congressional Budget Act of 1974, referred to in text, is

titles I through IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 298,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 621 of Title 2, The

Congress, and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Agriculture and Food Act of

1981, and not as part of the Agricultural Act of 1949 which is

classified principally to this chapter. For complete

classification of the 1949 Act to the Code, see Short Title note

set out under section 1421 of this title and Tables.

-MISC3-

EFFECTIVE DATE

Section effective Dec. 22, 1981, see section 1801 of Pub. L.

97-98, set out as a note under section 4301 of this title.

DAIRY PROGRAM OPERATION REPORT

Section 107 of Pub. L. 97-98 provided that, not later than Dec.

31, 1982, the Secretary of Agriculture shall submit to Congress a

report describing the strengths and weaknesses of existing Federal

programs, and the consequences of possible new programs, for

controlling or minimizing surpluses of fluid milk and the products

thereof.

-CITE-

7 USC Sec. 1446c-2 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446c-2. Domestic casein industry

-STATUTE-

(a) Annual availability of surplus stocks of nonfat dry milk; bid

basis

The Commodity Credit Corporation shall provide surplus stocks of

nonfat dry milk of not less than 1,000,000 pounds annually to

individuals or entities on a bid basis.

(b) Acceptance of bids at lower than resale price

The Commodity Credit Corporation may accept bids at lower than

the resale price otherwise required by law, in order to promote the

strengthening of the domestic casein industry.

(c) Nonfat dry milk sold to be used only for manufacture of casein

The Commodity Credit Corporation shall take appropriate action to

ensure that the nonfat dry milk sold by the Corporation under this

section is used only for the manufacture of casein.

-SOURCE-

(Pub. L. 99-198, title I, Sec. 105, Dec. 23, 1985, 99 Stat. 1367.)

-COD-

CODIFICATION

Section was enacted as part of the Food Security Act of 1985, and

not as part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-MISC3-

APPLICATION OF SECTION

This section not to affect any liability of any person under

section 1446 of this title as in effect before Dec. 23, 1985, see

section 108 of Pub. L. 99-198, set out as an Application of 1985

Amendments note under section 1446 of this title.

-CITE-

7 USC Sec. 1446d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446d. Omitted

-COD-

CODIFICATION

Section, act Oct. 31, 1949, ch. 792, title II, Sec. 203, as added

May 28, 1956, ch. 327, title VI, Sec. 601(a), 70 Stat. 212; amended

Nov. 28, 1990, Pub. L. 101-624, title V, Sec. 507, 104 Stat. 3441,

related to cottonseed and cottonseed oil price support program for

1991 through 1995 crops of upland cotton.

-CITE-

7 USC Sec. 1446e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446e. Repealed. Pub. L. 104-127, title I, Sec. 141(g), Apr.

4, 1996, 110 Stat. 915

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title II, Sec. 204, as added

Nov. 28, 1990, Pub. L. 101-624, title I, Sec. 101(a), 104 Stat.

3374; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1105(g),

104 Stat. 1388-6; Dec. 13, 1991, Pub. L. 102-237, title I, Sec.

113(10), 127(a), 105 Stat. 1838, 1846; Aug. 10, 1993, Pub. L.

103-66, title I, Sec. 1105(a), 107 Stat. 316; May 6, 1994, Pub. L.

103-247, Sec. 1(c), 108 Stat. 618, related to milk price support

and milk inventory management program for calendar years 1991

through 1996.

EFFECTIVE DATE OF REPEAL

Section 141(g) of Pub. L. 104-127 provided that the repeal of

this section is effective on the first day of the first month

beginning after Apr. 4, 1996.

-CITE-

7 USC Sec. 1446e-1 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446e-1. Repealed. Pub. L. 104-127, title I, Sec. 145(e), Apr.

4, 1996, 110 Stat. 918

-MISC1-

Section, Pub. L. 101-624, title I, Sec. 102, Nov. 28, 1990, 104

Stat. 3378; Pub. L. 102-237, title I, Sec. 118(e), Dec. 13, 1991,

105 Stat. 1842, related to milk manufacturing marketing adjustment.

EFFECTIVE DATE OF REPEAL

Section 145(e) of Pub. L. 104-127 provided that the repeal of

this section is effective on the first day of the first month

beginning after Apr. 4, 1996.

-CITE-

7 USC Sec. 1446f to 1446h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446f to 1446h. Repealed. Pub. L. 104-127, title I, Sec.

171(b)(2)(H), Apr. 4, 1996, 110 Stat. 938

-MISC1-

Section 1446f, act Oct. 31, 1949, ch. 792, title II, Sec. 205, as

added Nov. 28, 1990, Pub. L. 101-624, title VII, Sec. 701(2), 104

Stat. 3457; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec.

1105(a), 104 Stat. 1388-3; Dec. 13, 1991, Pub. L. 102-237, title I,

Sec. 110, 105 Stat. 1829; Aug. 10, 1993, Pub. L. 103-66, title I,

Sec. 1108, 107 Stat. 325, related to loans and payments for

oilseeds for 1991 through 1995 marketing years.

Section 1446g, act Oct. 31, 1949, ch. 792, title II, Sec. 206, as

added Nov. 28, 1990, Pub. L. 101-624, title IX, Sec. 901(2), 104

Stat. 3478; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec.

1105(c), 104 Stat. 1388-5; Dec. 13, 1991, Pub. L. 102-237, title I,

Sec. 111(a), 105 Stat. 1829; Aug. 10, 1993, Pub. L. 103-66, title

I, Sec. 1107(a), 107 Stat. 324, related to sugar price support for

1991 through 1997 crops.

Section 1446h, act Oct. 31, 1949, ch. 792, title II, Sec. 207, as

added Nov. 28, 1990, Pub. L. 101-624, title X, Sec. 1001, 104 Stat.

3488; amended Nov. 5, 1990, Pub. L. 101-508, title I, Sec. 1105(d),

104 Stat. 1388-5; Aug. 10, 1993, Pub. L. 103-66, title I, Sec.

1110, 107 Stat. 326, related to honey price support for the 1991

through 1998 crops of honey.

-CITE-

7 USC Sec. 1446i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1446i. Repealed. Pub. L. 103-354, title I, Sec. 119(a)(6),

Oct. 13, 1994, 108 Stat. 3208

-MISC1-

Section, act Oct. 31, 1949, ch. 792, title II, Sec. 208, as added

Nov. 28, 1990, Pub. L. 101-624, title XI, Sec. 1126, 104 Stat.

3507, related to disaster payments for 1991 through 1995 crops of

peanuts, soybeans, sugar beets, and sugarcane.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 13, 1994, and applicable to provision of

crop insurance under Federal Crop Insurance Act (7 U.S.C. 1501 et

seq.) beginning with 1995 crop year, with such Act, as in effect on

the day before Oct. 13, 1994, to continue to apply with respect to

1994 crop year, see section 120 of Pub. L. 103-354, set out as an

Effective Date of 1994 Amendment note under section 1502 of this

title.

-CITE-

7 USC Sec. 1447 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1447. Price support levels for other nonbasic agricultural

commodities

-STATUTE-

The Secretary is authorized to make available through loans,

purchases, or other operations price support to producers for any

nonbasic agricultural commodity not designated in sections 1446,

1446a, and 1446d (FOOTNOTE 1) of this title at a level not in

excess of 90 per centum of the parity price for the commodity.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Oct. 31, 1949, ch. 792, title III, Sec. 301, 63 Stat. 1053; Pub.

L. 95-113, title X, Sec. 1003(a), Sept. 29, 1977, 91 Stat. 950.)

-REFTEXT-

REFERENCES IN TEXT

Section 1446d of this title, referred to in text, was omitted

from the Code.

-MISC2-

AMENDMENTS

1977 - Pub. L. 95-113 temporarily inserted provisions authorizing

Secretary to make price support available for the 1978 through 1981

crops of flaxseed, dry edible beans, gum naval stores, and, in the

case of the 1979 through 1981 crops, sugar beets and sugar cane,

and for other nonbasic undesignated commodities. See Effective and

Termination Dates of 1977 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1977 AMENDMENT

Section 1003(a) of Pub. L. 95-113 provided that the amendment

made by that section is effective only with respect to 1978 through

1981 crops.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(9) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(I) of this title.

ELIMINATION OF WOOL AND MOHAIR PROGRAMS

Pub. L. 103-130, Sec. 3(c), Nov. 1, 1993, 107 Stat. 1369,

provided that: ''Effective beginning December 31, 1995, the

Secretary of Agriculture may not provide loans or payments for wool

or mohair by using the funds of the Commodity Credit Corporation or

under the authority of any law.''

OTHER PRICE SUPPORT PROGRAMS IN EFFECT ON SEPTEMBER 29, 1977

Section 1003(b) of Pub. L. 95-113 provided that: ''The amendment

made by this section (amending this section) to the Agricultural

Act of 1949 shall not be operative in any manner with respect to

any price support program in effect on the date of enactment of

this Act (Sept. 29, 1977).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1446, 1449, 7301, 7992 of

this title.

-CITE-

7 USC Sec. 1448 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1448. Price support levels for storable nonbasic agricultural

commodities

-STATUTE-

Without restricting price support to those commodities for which

a marketing quota or marketing agreement or order program is in

effect, price support shall, insofar as feasible, be made available

to producers of any storable nonbasic agricultural commodity for

which such a program is in effect and who are complying with such

program. The level of such support shall not be in excess of 90

per centum of the parity price of such commodity nor less than the

level provided in the following table:

---------------------------------------------------------------------

---------------------------------------------------------------------

If the supply percentage as of The level of support shall be not

the beginning of the marketing less than the following

year is: percentage of the parity price:

-------------------------------

---------------------------------------------------------------------

---------------------------------------------------------------------

Not more than 102 90

More than 102 but not more than 89

104

More than 104 but not more than 88

106

More than 106 but not more than 87

108

More than 108 but not more than 86

110

More than 110 but not more than 85

112

More than 112 but not more than 84

114

More than 114 but not more than 83

116

More than 116 but not more than 82

118

More than 118 but not more than 81

120

More than 120 but not more than 80

122

More than 122 but not more than 79

124

More than 124 but not more than 78

126

More than 126 but not more than 77

128

More than 128 but not more than 76

130

More than 130 75

-------------------------------

Provided, That the level of price support may be less than the

minimum level provided in the foregoing table if the Secretary,

after examination of the availability of funds for mandatory price

support programs and consideration of the other factors specified

in section 1421(b) of this title, determines that such lower level

is desirable and proper.

-SOURCE-

(Oct. 31, 1949, ch. 792, title III, Sec. 302, 63 Stat. 1053.)

-MISC1-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(9) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(I) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1446, 1449, 7301, 7992 of

this title.

-CITE-

7 USC Sec. 1449 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1449. Determination of price support level

-STATUTE-

In determining the level of price support for any nonbasic

agricultural commodity under sections 1447 to 1449 of this title,

particular consideration shall be given to the levels at which the

prices of competing agricultural commodities are being supported.

-SOURCE-

(Oct. 31, 1949, ch. 792, title III, Sec. 303, 63 Stat. 1053.)

-MISC1-

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(9) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(I) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1446, 7301, 7992 of this

title.

-CITE-

7 USC Sec. 1450 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER III - NONBASIC AGRICULTURAL COMMODITIES

-HEAD-

Sec. 1450. Repealed. Aug. 28, 1954, ch. 1041, title II, Sec.

203(b), 68 Stat. 899

-MISC1-

Section, acts Mar. 31, 1950, ch. 81, Sec. 5, 64 Stat. 42; Jan.

30, 1954, ch. 2, Sec. 5(a), 68 Stat. 7, provided that for the crop

year of 1951 and thereafter, no price support would be available

for Irish potatoes unless marketing quotas were in effect.

-CITE-

7 USC SUBCHAPTER IV - ACREAGE BASE AND YIELD SYSTEM 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER IV - ACREAGE BASE AND YIELD SYSTEM

.

-HEAD-

SUBCHAPTER IV - ACREAGE BASE AND YIELD SYSTEM

-CITE-

7 USC Sec. 1461 to 1469 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER IV - ACREAGE BASE AND YIELD SYSTEM

-HEAD-

Sec. 1461 to 1469. Omitted

-COD-

CODIFICATION

Sections 1461 to 1469 were omitted pursuant to section 1469 which

provided that this subchapter was to be effective only for the 1991

through 1997 program crops.

Section 1461, act Oct. 31, 1949, ch. 792, title V, Sec. 501, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1460; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3491, related to purpose of subchapter to prescribe

system for establishing crop acreage bases and program payment

yields for wheat, feed grains, upland cotton, and rice programs.

A prior section 1461, act Oct. 31, 1949, ch. 792, title V, Sec.

501, as added July 12, 1951, ch. 223, 65 Stat. 119; amended Mar.

16, 1954, ch. 98, 68 Stat. 28, provided for powers, duties, and

guaranties of Secretary of Labor as part of a program for

recruiting agricultural workers from Mexico for employment up to

December 31, 1964.

Section 1462, act Oct. 31, 1949, ch. 792, title V, Sec. 502, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1461; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3491, defined terms for this subchapter.

A prior section 1462, act Oct. 31, 1949, ch. 792, title V, Sec.

502, as added July 12, 1951, ch. 223, 65 Stat. 119; amended Aug. 9,

1955, ch. 679, Sec. 2, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87-345,

Sec. 1, 75 Stat. 761, related to liabilities and guaranties of

employers as part of a program for recruiting agricultural workers

from Mexico for employment up to December 31, 1964.

Section 1463, act Oct. 31, 1949, ch. 792, title V, Sec. 503, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1461; amended Pub. L. 100-387, title III, Sec. 302(a), Aug. 11,

1988, 102 Stat. 947; Pub. L. 101-81, Sec. 2, Aug. 14, 1989, 103

Stat. 563; Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990, 104

Stat. 3491; Pub. L. 102-237, title I, Sec. 112(a), (b), Dec. 13,

1991, 105 Stat. 1836; Pub. L. 103-66, title I, Sec. 1101(b)(2)(A),

Aug. 10, 1993, 107 Stat. 314, established crop acreage bases for

each program crop.

A prior section 1463, act Oct. 31, 1949, ch. 792, title V, Sec.

503, as added July 12, 1951, ch. 223, 65 Stat. 120; amended Aug. 9,

1955, ch. 679, Sec. 3, 69 Stat. 615; Oct. 3, 1961, Pub. L. 87-345,

Sec. 2, 75 Stat. 761, related to certification of need for workers,

consultation with employers and workers, and posting of information

as part of a program for recruiting agricultural workers from

Mexico for employment up to December 31, 1964.

A prior section 1463a, act Oct. 31, 1949, ch. 792, title V, Sec.

504, as added Oct. 3, 1961, Pub. L. 87-345, Sec. 3, 75 Stat. 761,

restricted duration and nature of employment as part of a program

for recruiting agricultural workers from Mexico for employment up

to December 31, 1964.

Section 1464, act Oct. 31, 1949, ch. 792, title V, Sec. 504, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1461; amended Pub. L. 99-253, Sec. 4, Feb. 28, 1986, 100 Stat. 37;

Pub. L. 99-260, Sec. 8, Mar. 20, 1986, 100 Stat. 51; Pub. L.

100-387, title III, Sec. 301(a)(1), Aug. 11, 1988, 102 Stat. 945;

Pub. L. 101-81, Sec. 1, Aug. 14, 1989, 103 Stat. 563; Pub. L.

101-82, title VI, Sec. 603(a), Aug. 14, 1989, 103 Stat. 587; Pub.

L. 101-239, title I, Sec. 1002(a), Dec. 19, 1989, 103 Stat. 2106;

Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990, 104 Stat.

3494; Pub. L. 102-237, title I, Sec. 112(c), Dec. 13, 1991, 105

Stat. 1837, provided for planting flexibility.

A prior section 1464, act Oct. 31, 1949, ch. 792, title V, Sec.

505, formerly Sec. 504, as added July 12, 1951, ch. 223, 65 Stat.

120, and renumbered Oct. 3, 1961, Pub. L. 87-345, Sec. 3, 75 Stat.

761, related to workers subject to immigration laws, dispensed with

need of penalty bond, and provided for effect of use of ''wetback''

labor as part of a program for recruiting agricultural workers from

Mexico for employment up to December 31, 1964.

Section 1465, act Oct. 31, 1949, ch. 792, title V, Sec. 505, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1462; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3495; Pub. L. 103-66, title I, Sec. 1101(b)(2)(B), Aug.

10, 1993, 107 Stat. 314, provided for farm program payment yields.

A prior section 1465, act Oct. 31, 1949, ch. 792, title V, Sec.

506(c), formerly Sec. 505(c), as added July 12, 1951, ch. 223, 65

Stat. 121, and renumbered Oct. 3, 1961, Pub. L. 87-345, Sec. 3, 75

Stat. 761, provided for an exemption from a head tax as part of a

program for recruiting agricultural workers from Mexico for

employment up to December 31, 1964.

A prior section 1465a, act Oct. 31, 1949, ch. 792, title V, Sec.

506(d), as added Oct. 3, 1961, Pub. L. 87-345, Sec. 4, 75 Stat.

761, provided for illness or disability tax as part of a program

for recruiting agricultural workers from Mexico for employment up

to December 31, 1964.

Section 1466, act Oct. 31, 1949, ch. 792, title V, Sec. 506, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1463; amended Pub. L. 99-260, Sec. 3, Mar. 20, 1986, 100 Stat. 48;

Pub. L. 100-203, title I, Sec. 1109, Dec. 22, 1987, 101 Stat.

1330-6; Pub. L. 101-220, Sec. 11(a), Dec. 12, 1989, 103 Stat. 1882;

Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990, 104 Stat.

3497, provided for planting and production history of farms.

A prior section 1466, act Oct. 31, 1949, ch. 792, title V, Sec.

507, formerly Sec. 506, as added July 12, 1951, ch. 223, 65 Stat.

121; renumbered Sec. 507, Oct. 3, 1961, Pub. L. 87-345, Sec. 3, 75

Stat. 761, related to utilization of Federal and State agencies by

Secretary of Labor as part of a program for recruiting agricultural

workers from Mexico for employment up to December 31, 1964.

Section 1467, act Oct. 31, 1949, ch. 792, title V, Sec. 507, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1463; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3497, provided for establishment of bases and yields by

county committees.

A prior section 1467, act Oct. 31, 1949, ch. 792, title V, Sec.

508, formerly Sec. 507, as added July 12, 1951, ch. 223, 65 Stat.

121; renumbered Sec. 508 and amended Oct. 3, 1961, Pub. L. 87-345,

Sec. 3, 5, 75 Stat. 761, defined ''agricultural employment'' and

''employer'' for purposes of the program for recruiting

agricultural workers from Mexico for employment up to December 31,

1964.

Section 1468, act Oct. 31, 1949, ch. 792, title V, Sec. 508, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1464; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3497, provided for administrative appeals procedure.

A prior section 1468, act Oct. 31, 1949, ch. 792, title V, Sec.

509, formerly Sec. 508, as added July 12, 1951, ch. 223, 65 Stat.

121; renumbered Sec. 509, Oct. 3, 1961, Pub. L. 87-345, Sec. 3, 75

Stat. 761, related to importation of workers from other foreign

countries with regard to a program of recruiting agricultural

workers from Mexico for employment up to December 31, 1964.

Section 1469, act Oct. 31, 1949, ch. 792, title V, Sec. 509, as

added Pub. L. 99-198, title X, Sec. 1031, Dec. 23, 1985, 99 Stat.

1464; amended Pub. L. 101-624, title XI, Sec. 1101, Nov. 28, 1990,

104 Stat. 3497; Pub. L. 103-66, title I, Sec. 1101(b)(2)(C), Aug.

10, 1993, 107 Stat. 314, provided that subchapter was to be

effective only for the 1991 through 1997 program crops.

A prior section 509, formerly 508, of act Oct. 31, 1949, was

formerly classified to section 1468 of this title. See note set

out above.

-CITE-

7 USC SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE

ACT OF 1988 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

.

-HEAD-

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1427, 7301, 7992 of

this title.

-CITE-

7 USC Sec. 1471 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471. Definitions

-STATUTE-

As used in this subchapter:

(1) The term ''livestock producer'' means -

(A) a person that is actively engaged in farming and that

receives a substantial amount of total income from the

production of grain or livestock, as determined by the

Secretary, that is -

(i) an established producer or husbander of livestock or a

dairy producer who is a citizen of, or legal resident alien

in, the United States; or

(ii) a farm cooperative, private domestic corporation,

partnership, or joint operation in which a majority interest

is held by members, stockholders, or partners who are

citizens of, or legal resident aliens in, the United States,

if such cooperative, corporation, partnership, or joint

operation is engaged in livestock production or husbandry, or

dairy production; or

(B) Any (FOOTNOTE 1) of the following entities that is

actively engaged in livestock production or husbandry, or dairy

production -

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(i) any Indian tribe (as defined in section 450b(b) of

title 25); (FOOTNOTE 2)

(FOOTNOTE 2) See References in Text note below.

(ii) any Indian organization or entity chartered under the

Act of June 18, 1934 (48 Stat. 984, chapter 576; 25 U.S.C.

461 et seq.), commonly known as the ''Indian Reorganization

Act'';

(iii) any tribal organization (as defined in section

450b(c) of title 25); (FOOTNOTE 2) or

(iv) any economic enterprise (as defined in section 1452(e)

of title 25);

(2) The term ''livestock'' means cattle, sheep, goats, swine,

poultry (including egg-producing poultry), equine animals used

for food or in the production of food, fish used for food, and

other animals designated by the Secretary (at the Secretary's

sole discretion) that -

(A) are part of a foundation herd (including producing dairy

cattle) or offspring; or

(B) are purchased as part of a normal operation and not to

obtain additional benefits under this subchapter.

(3) The term ''State'' means any State of the United States,

the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.

(4) The term ''feed'', for the purposes of emergency feed

assistance, means any type of feed (including feed grain, oilseed

meal, premix or mixed feed, liquid or dry supplemental feed,

roughage, pasture, or forage) that -

(A) best suits the livestock producer's operation; and

(B) is consistent with acceptable feed practices.

(5) The term ''area'' includes any Indian reservation (as

defined in section 1985(e)(1)(D)(ii) (FOOTNOTE 2) of this title).

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 602, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 926.)

-REFTEXT-

REFERENCES IN TEXT

Section 450b of title 25, referred to in par. (1)(B)(i), (iii),

has been amended, and subsecs. (b) and (c) of section 450b no

longer define the terms ''Indian tribe'' and ''tribal

organization''. However, such terms are defined elsewhere in that

section.

Act of June 18, 1934, referred to in par. (1)(B)(ii), is act June

18, 1934, ch. 576, 48 Stat. 984, as amended, popularly known as the

Indian Reorganization Act, which enacted sections 461, 462, 463,

464, 465, 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479

of Title 25, Indians. For complete classification of this Act to

the Code, see Short Title note set out under section 461 of Title

25 and Tables.

Section 1985(e)(1)(D)(ii) of this title, referred to in par. (5),

was redesignated section 1985(e)(1)(A)(ii) of this title by Pub. L.

104-127, title VI, Sec. 638(3)(A)(ii), Apr. 4, 1996, 110 Stat.

1096.

-MISC2-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

SHORT TITLE

For short title of title VI of act Oct. 31, 1949, ch. 792, which

enacted this subchapter, as the ''Emergency Livestock Feed

Assistance Act of 1988'', see Short Title of 1988 Amendment note

set out under section 1421 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5602 of this title.

-CITE-

7 USC Sec. 1471a 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471a. Emergency livestock assistance

-STATUTE-

(a) The Secretary shall provide emergency feed assistance under

this subchapter for the preservation and maintenance of livestock

in any State or area of a State where, because of disease, insect

infestation, flood, drought, fire, hurricane, earthquake, storm,

hot weather, or other natural disaster, the Secretary determines

that a livestock emergency exists.

(b)(1) The Secretary shall provide emergency feed assistance

under this subchapter for the preservation and maintenance of

livestock, to livestock producers that -

(A) conduct farming, ranching, or aquaculture operations in any

county contiguous to a county where the Secretary has determined,

under subsection (a) of this section, that a livestock emergency

exists, and

(B) are otherwise eligible for assistance under this

subchapter.

(2) The Secretary shall accept applications for assistance under

this subsection from producers that are affected by the livestock

emergency at any time during the eight-month period beginning on

the date on which the Secretary determines that such emergency

exists in the other county.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 603, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 927.)

-MISC1-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1471c of this title.

-CITE-

7 USC Sec. 1471b 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471b. Determination of need for assistance

-STATUTE-

(a) Determination and request by Governor or county committee

(1) Whenever the Governor of a State determines that a livestock

emergency due to a natural disaster exists in the State, or a

county committee established under section 590h(b) of title 16

determines that such an emergency exists in the county, the

Governor or county committee may submit a request for a

determination by the Secretary of a livestock emergency in such

State or county and for emergency livestock feed assistance under

this subchapter.

(2) The request of a Governor or county committee for a livestock

emergency determination and for emergency livestock feed assistance

shall include, to the extent feasible, recommendations to the

Secretary of those options that will most fully use feed available

through local sources.

(b) Consideration for assistance without request

The Secretary may consider a State, county, or area in a State

for a livestock emergency determination and emergency livestock

feed assistance under this subchapter whether or not a request for

assistance is submitted, as described in subsection (a) of this

section.

(c) Prompt action by Secretary

The Secretary shall act on requests for determinations under

subsection (a) of this section and make final determinations on

whether a livestock emergency exists in any State, county, or area,

under regulations that ensure thorough and prompt action (not later

than 30 days after receipt of any such request) and provide for

appropriate notification procedures.

(d) Eligibility under prior programs; availability of other

programs

Notwithstanding the preceding provisions of this section, any

State, county, or area determined eligible, due to drought or

related conditions in 1988, for the emergency feed program or

emergency feed assistance program conducted prior to the effective

date of this subchapter shall continue to be eligible for such

programs and may be eligible for other programs under this

subchapter for such drought or related condition. As soon as

practicable after the effective date of this subchapter, the

Secretary shall determine whether any of the programs described in

section 1471d of this title, other than the emergency feed program

under section 1471d(a)(4) of this title and the emergency feed

assistance program under section 1471d(a)(2) of this title, or in

section 1471e of this title should be made available in such State,

county, or area. If the Secretary makes such determination, the

Secretary shall make such programs immediately available to

livestock producers in the State, county, or area.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 604, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 927.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in subsec.

(d), is 15 days after Aug. 11, 1988, the effective date of section

101(a) of Pub. L. 100-387. See section 101(c) of Pub. L. 100-387,

set out as a note under section 1427 of this title.

-MISC2-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, with subsec. (d)

of this section applicable only with respect to any livestock

emergency in 1988, see section 101(c) of Pub. L. 100-387, set out

as an Effective and Termination Dates of 1988 Amendment note under

section 1427 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1471c, 1471i of this

title.

-CITE-

7 USC Sec. 1471c 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471c. Eligible producers

-STATUTE-

(a) Qualifying livestock producers

(1) If the Secretary determines that a livestock emergency exists

in a State, county, or area, qualifying livestock producers located

in such State, county, or area, or in a contiguous county as

provided for in section 1471a(b) of this title, shall be eligible

(under application procedures established by the Secretary) for

emergency feed assistance under this subchapter in accordance with

this subsection.

(2) For the purposes of this subsection, a ''qualifying livestock

producer'' is a livestock producer who has suffered a substantial

loss in feed normally produced on the farm for such producer's

livestock as a result of the livestock emergency and, as a result,

does not have sufficient feed that has adequate nutritive value and

is suitable for each of such producer's particular types of

livestock (as of the date of the request, or initiation of

consideration, for a determination of a livestock emergency under

section 1471b of this title) for the estimated duration of the

emergency.

(3) Each qualifying livestock producer shall be eligible for

emergency feed assistance under the programs specified in section

1471d(a) of this title that is made available where the producer is

located in quantities sufficient to meet such feed deficiency with

respect to the producer's livestock normally fed with feed produced

by the producer.

(b) Availability of additional assistance

Each livestock producer in such State, county, or area, or in a

contiguous county as provided for in section 1471a(b) of this

title, regardless of whether the producer qualifies for assistance

under subsection (a) of this section, shall be eligible for

emergency assistance under the programs specified in section 1471e

of this title that are made available where the producer is

located.

(c) Program participation option

Any livestock producer, located in a county or area in which

benefits under the emergency feed program or the emergency feed

assistance program were made available due to the drought or

related condition in 1988 prior to the effective date of this

subchapter, who qualifies for assistance under such pre-existing

programs shall be eligible for assistance for such drought or

related conditions as prescribed in subsection (a) of this section

or, at the producer's option, for assistance under such

pre-existing programs.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 605, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 928.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in subsec.

(c), is 15 days after Aug. 11, 1988, the effective date of section

101(a) of Pub. L. 100-387. See section 101(c) of Pub. L. 100-387,

set out as a note under section 1427 of this title.

-MISC2-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, with subsec. (c)

of this section applicable only with respect to any livestock

emergency in 1988, see section 101(c) of Pub. L. 100-387, set out

as an Effective and Termination Dates of 1988 Amendment note under

section 1427 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1471d, 1471i of this

title.

-CITE-

7 USC Sec. 1471d 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471d. Assistance programs

-STATUTE-

(a) Available programs

In accordance with section 1471c(a) of this title, the Secretary

shall make one or more of the following assistance programs

available to qualifying livestock producers in a State, county or

area, if the Secretary determines that the livestock emergency in

such State, county or area requires the implementation of such

program:

(1) The donation of feed grain owned by the Commodity Credit

Corporation to producers who are financially unable to purchase

feed under paragraph (2) or to participate in any other program

authorized under this subsection.

(2) The sale of feed grain owned by the Commodity Credit

Corporation to producers for livestock feed at a price,

established by the Secretary, that does not exceed -

(A) with respect to such assistance provided for any

livestock emergency determined to exist prior to January 1,

1989, 75 percent of the current basic county loan rate for such

feed grain in effect under this Act (or at a comparable price

if there is no such current basic county loan rate), or

(B) with respect to such assistance provided for any other

livestock emergency, 50 percent of the average market price in

the county or area involved, as determined by the Secretary.

(3) Reimbursement of any transportation and handling expenses

incurred, not to exceed 50 percent of such expenses, by a

producer in connection with feed grain donations or sales under

paragraphs (1) and (2).

(4) Reimbursement of not to exceed 50 percent of the cost of

feed purchased by a producer for the producer's livestock during

the duration of the livestock emergency.

(5) Hay and forage transportation assistance to producers of

not to exceed 50 percent of the cost of transporting hay or

forage purchased from a point of origin beyond a producer's

normal trade area to the livestock, subject to the following

limitations:

(A) The transportation assistance may not exceed $50 per ton

of eligible hay or forage ($12.50 for silage).

(B) The quantity of eligible hay and forage for each producer

may not exceed the lesser of -

(i) 20 pounds per day per eligible animal unit; or

(ii) the quantity of additional feed needed by the producer

for the duration of the livestock emergency.

(6) Livestock transportation assistance to producers of not to

exceed 50 percent of the cost of transporting livestock to and

from available grazing locations, except that such assistance may

not exceed the lesser of -

(A) $24 per head of a producer's eligible livestock; or

(B) the local cost of the quantity of additional feed needed

by the producer for the eligible livestock for duration of the

livestock emergency.

(b) Feed grain through dealer or manufacturer; reimbursement; feed

grain stored on farm of producer

If assistance is made available through the furnishing of feed

grain under paragraph (1) or (2) of subsection (a) of this section,

the Secretary -

(1) may provide for the furnishing of the feed grain through a

dealer or manufacturer and the replacing of the feed grain so

furnished from feed grain owned by the Commodity Credit

Corporation; or

(2) at the option of the livestock producer, shall provide for

the furnishing of the feed grain through the use of feed grain

stored on the farm of the producer that has been pledged as

collateral for a price support loan made under this Act.

(c) Payments or reimbursements through issuance of negotiable

certificates

In providing assistance under paragraph (2) or (4) of subsection

(a) of this section, the Secretary may make in-kind payments or

reimbursements through the issuance of negotiable certificates that

the Commodity Credit Corporation shall exchange for a commodity in

accordance with rules prescribed by the Secretary.

(d) Approved application prerequisite to benefits

No payment or benefit provided under this section shall be

payable or due until such time as a completed application therefor

has been approved.

(e) Time for application

A person eligible to receive a payment or benefit under this

section with respect to a livestock emergency determined to exist

prior to January 1, 1989, shall make application for such payment

or benefit not later than March 31, 1989, or such later date that

the Secretary, by regulation, may prescribe.

(f) Livestock transportation assistance

The Secretary may make available at least $25,000,000 to provide

livestock transportation assistance under subsection (a)(6) of this

section for livestock emergencies in 1989.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 606, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 928;

amended Pub. L. 101-82, title II, Sec. 201, 202, Aug. 14, 1989, 103

Stat. 581.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(2)(A) and (b)(2), is act

Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, known as the

Agricultural Act of 1949, which is classified principally to this

chapter (Sec. 1421 et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 1421 of

this title and Tables.

-MISC2-

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-82, Sec. 201, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''If

assistance is made available through the furnishing of feed grain

under paragraph (1) or (2) of subsection (a) of this section, the

Secretary may provide for the furnishing of the feed grain through

a dealer or manufacturer and the replacing of the feed grain so

furnished from feed grain owned by the Commodity Credit

Corporation.''

Subsec. (f). Pub. L. 101-82, Sec. 202, added subsec. (f).

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, with subsecs.

(a)(2)(A) and (e) of this section applicable only with respect to

any livestock emergency in 1988, see section 101(c) of Pub. L.

100-387, set out as an Effective and Termination Dates of 1988

Amendment note under section 1427 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

EMERGENCY FORAGE PROGRAM

Section 103 of Pub. L. 100-387 provided that:

''(a) In General. - The Secretary of Agriculture shall implement

an emergency forage program for established pasture damaged by the

drought or related condition in 1988, under which the Secretary

shall enter into cost-share agreements with owners or operators of

such damaged land to provide for reseeding of forage crops on such

land to facilitate late fall 1988 and early spring 1989 grazing and

haying. Assistance may be provided to such owners and operators

only when -

''(1) the forage crop will not regenerate naturally;

''(2) reseeding is the most cost-effective method to

reestablish the forage crop; and

''(3) reseeding is not undertaken simply to improve the forage

crop damaged by the drought.

''(b) Cost-Share. - The Secretary shall share half the costs

incurred under each agreement entered into under subsection (a),

including the costs of seed, fertilizer, and other inputs on

reseeded pasture.

''(c) Limitations. - (1) The total amount of payments an owner or

operator of pasture land shall be entitled to receive under this

section shall be $3,500.

''(2) The Secretary may cost-share for reseeding under this

section only if the reseeding is to nonannual crops planted for

pasture purposes.

''(d) Funding. - (1) The Secretary shall use the funds,

facilities, and authorities of the Commodity Credit Corporation to

carry out this section.

''(2) Not more than $50,000,000 of the funds of the Commodity

Credit Corporation may be expended under paragraph (1).

''(3) To ensure the equitable award of funds under agreements

under this section, as limited under paragraph (2), the Secretary

may prorate, and adopt procedures to facilitate proration of, funds

made available under this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1471b, 1471c, 1471e of

this title.

-CITE-

7 USC Sec. 1471e 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471e. Additional assistance

-STATUTE-

(a) Determination by Secretary

In addition to the assistance provided under section 1471d of

this title, if the Secretary determines that the livestock

emergency also requires the implementation of one or more of the

assistance programs described in subsection (b) of this section,

the Secretary shall implement such programs.

(b) Programs authorized

Special assistance under this section includes -

(1) the donation of feed owned by the Commodity Credit

Corporation for use in feeding livestock stranded and

unidentified as to its owner, including the cost of transporting

feed to the affected area, during such period as the Secretary,

by regulation, may prescribe;

(2) reimbursement of not to exceed 50 percent of the cost of -

(A) installing pipelines (if that is the least expensive

method) or other facilities, including tanks or troughs, for

livestock water;

(B) construction or deepening of wells or ponds for livestock

water; or

(C) developing springs or seeps for livestock water,

as appropriate in drought areas to facilitate more efficient and

better-distributed grazing on land normally used for grazing.

Such cost-share assistance may not be made available to provide

water for wildlife or recreational livestock, dry lot feeding, or

barns or corrals, or to acquire pumping equipment;

(3) reimbursement of not to exceed 50 percent of the cost of

burning prickly pear cactus to make it suitable for animal feed;

and

(4) making commodities owned by the Commodity Credit

Corporation available to livestock producers through the use of a

catalog that specifies lots of a size that are economically

feasible for a small producer to obtain by means of certificate

exchanges.

(c) Water development projects for 1988 and 1989 emergencies

The Secretary may make available at least $25,000,000 to provide

special assistance under subsection (b)(2) of this section for

livestock emergencies in 1988 and 1989.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 607, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 930;

amended Pub. L. 101-82, title I, Sec. 142, title II, Sec. 203, Aug.

14, 1989, 103 Stat. 579, 581.)

-MISC1-

AMENDMENTS

1989 - Subsec. (b)(2)(B). Pub. L. 101-82, Sec. 142, inserted ''or

ponds''.

Subsec. (c). Pub. L. 101-82, Sec. 203, added subsec. (c).

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1471b, 1471c of this

title.

-CITE-

7 USC Sec. 1471f 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471f. Use of Commodity Credit Corporation

-STATUTE-

The Secretary shall carry out this subchapter through the use of

the funds, facilities, and authorities of the Commodity Credit

Corporation.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 608, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 930.)

-MISC1-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-CITE-

7 USC Sec. 1471g 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471g. Benefits limitation

-STATUTE-

(a) Total amount of benefits

The total amount of benefits that a person shall be entitled to

receive annually under one or more of the programs established

under this subchapter may not exceed $50,000.

(b) Issuance of regulations

The Secretary shall issue regulations -

(1) defining the term ''person'', which shall conform, to the

extent practicable, to the regulations defining the term

''person'' issued under section 1308 of this title, or successor

statute;

(2) prescribing such rules as the Secretary determines

necessary to ensure a fair and reasonable application of the

limitation established under this section; and

(3) providing that the term ''person'' shall include, in the

case of any cooperative association of producers, each member of

the association with respect to benefits due to such member of

the association.

(c) Receipt of other disaster payments

No person may receive benefits under this subchapter attributable

to lost production of a feed commodity due to a natural disaster in

1988 to the extent that such person receives a disaster payment

under the Disaster Assistance Act of 1988 on such lost production.

(d) Total combined payment and benefits limitation

Each person otherwise eligible for a livestock emergency benefit

under this subchapter in 1988 shall be subject to the combined

payment and benefits limitation established under section 211(c) of

the Disaster Assistance Act of 1988.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 609, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 930.)

-REFTEXT-

REFERENCES IN TEXT

The Disaster Assistance Act of 1988, referred to in subsecs. (c)

and (d), is Pub. L. 100-387, Aug. 11, 1988, 102 Stat. 924. Section

211(c) of that act is set out as a note under section 1421 of this

title. For complete classification of this Act to the Code, see

Short Title of 1988 Amendment note set out under section 1421 of

this title and Tables.

-MISC2-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, with subsecs. (c)

and (d) of this section applicable only with respect to any

livestock emergency in 1988, see section 101(c) of Pub. L. 100-387,

set out as an Effective and Termination Dates of 1988 Amendment

note under section 1427 of this title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-CITE-

7 USC Sec. 1471h 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471h. Ineligibility

-STATUTE-

(a) Any person that has qualifying gross revenues in excess of

$2,500,000 annually, as determined by the Secretary, shall not be

eligible to receive any livestock emergency benefits under this

subchapter.

(b) For purposes of this section, the term ''qualifying gross

revenue'' means -

(1) if a majority of the person's annual income is received

from farming and ranching operations, the gross revenue from the

person's farming and ranching operations; and

(2) if less than a majority of the person's annual income is

received from farming and ranching operations, the person's gross

revenue from all sources.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 610, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 931.)

-MISC1-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-CITE-

7 USC Sec. 1471i 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471i. Administration

-STATUTE-

(a) Regulations

The Commodity Credit Corporation shall issue regulations to carry

out this subchapter.

(b) Processing and decisions to be made as quickly as practicable

Such regulations shall establish procedures to ensure that the

request for assistance by a Governor or county committee under

section 1471b of this title, and individual applications of

livestock producers under section 1471c of this title for

assistance, are processed and decisions thereon are made as quickly

as practicable.

(c) Indigenous plants not considered feed on hand

For purposes of this subchapter, indigenous plants available to a

livestock producer but not normally consumed by livestock as feed,

such as cactus, may not be considered as feed on hand for such

producers.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 611, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 931.)

-MISC1-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-CITE-

7 USC Sec. 1471j 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1471j. Penalties

-STATUTE-

A person that disposes of any feed made available to a livestock

producer under this subchapter other than as authorized by the

Secretary shall be (1) subject to a civil penalty equal to the

market value of the feed involved, to be recovered by the Secretary

in a civil suit brought for that purpose, and (2) guilty of a

misdemeanor and, on conviction thereof, subject to a fine of not

more than $1,000, or imprisonment for not more than one year, or

both.

-SOURCE-

(Oct. 31, 1949, ch. 792, title VI, Sec. 612, as added Pub. L.

100-387, title I, Sec. 101(a), Aug. 11, 1988, 102 Stat. 931.)

-MISC1-

EFFECTIVE DATE

Section effective 15 days after Aug. 11, 1988, see section

101(c)(1) of Pub. L. 100-387, set out as an Effective and

Termination Dates of 1988 Amendment note under section 1427 of this

title.

INAPPLICABILITY OF SECTION

Section inapplicable to 2002 through 2007 crops of covered

commodities, peanuts, and sugar and inapplicable to milk during

period beginning May 13, 2002, through Dec. 31, 2007, see section

7992(b)(12) of this title.

Section inapplicable to 1996 through 2002 crops of loan

commodities, peanuts, and sugar and inapplicable to milk during

period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see

section 7301(b)(1)(L) of this title.

-CITE-

7 USC Sec. 1472 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 35A - PRICE SUPPORT OF AGRICULTURAL COMMODITIES

SUBCHAPTER V - EMERGENCY LIVESTOCK FEED ASSISTANCE ACT OF 1988

-HEAD-

Sec. 1472. Assistance for livestock producers

-STATUTE-

(a) Availability of assistance

In such amounts as are provided in advance in appropriation Acts,

the Secretary of Agriculture may provide assistance to dairy and

other livestock producers to cover economic losses incurred by such

producers in connection with the production of livestock.

(b) Types of assistance

The assistance provided to livestock producers may be in the

following forms:

(1) Indemnity payments to livestock producers who incur

livestock mortality losses.

(2) Livestock feed assistance to livestock producers affected

by shortages of feed.

(3) Compensation for sudden increases in production costs.

(4) Such other assistance, and for such other economic losses,

as the Secretary considers appropriate.

(c) Limitations

The Secretary may not use the funds of the Commodity Credit

Corporation to provide assistance under this section.

(d) Authorization of appropriations

There is authorized to be appropriated to the Secretary such sums

as may be necessary to carry out this section.

-SOURCE-

(Pub. L. 107-171, title X, Sec. 10104, May 13, 2002, 116 Stat.

488.)

-COD-

CODIFICATION

Section was enacted as part of the Farm Security and Rural

Investment Act of 2002, and not as part of the Emergency Livestock

Feed Assistance Act of 1988 which comprises this subchapter or as

part of the Agricultural Act of 1949 which is classified

principally to this chapter. For complete classification of the

1949 Act to the Code, see Short Title note set out under section

1421 of this title and Tables.

-CITE-