Legislación

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

Compartir 0 Me sirvió 0 No me sirvió

-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.

diverted acres.

(d) Time of determining levels.

(e) Processors' assurances; payment if

assurances inadequate.

1421a. Financial impact study.

(a) Study.

(b) Report.

1421b. Costs of production.

1421c. Repealed.

1421d. Commodity reports.

(a) Crop reports.

(b) Special reports.

(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.

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.

(d) Promulgation of regulations.

1426. Repealed.

1427. Commodity Credit Corporation sales price

restrictions.

(a) In general.

(b) Inventories.

(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.

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.

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.

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.

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.

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.

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.

(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.

(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.

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.

(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.

(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.

(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.

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.

(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.

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.

(d) Eligibility under prior programs;

availability of other programs.

1471c. Eligible producers.

(a) Qualifying livestock producers.

(b) Availability of additional assistance.

1471d. Assistance programs.

(a) Available programs.

(b) Feed grain through dealer or manufacturer;

reimbursement; feed grain stored on farm

of producer.

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.

1989 emergencies.

1471f. Use of Commodity Credit Corporation.

1471g. Benefits limitation.

(a) Total amount of benefits.

(b) Issuance of regulations.

(d) Total combined payment and benefits

limitation.

1471h. Ineligibility.

1471i. Administration.

(a) Regulations.

(b) Processing and decisions to be made as

quickly as practicable.

hand.

1471j. Penalties.

1472. Assistance for livestock producers.

(a) Availability of assistance.

(b) Types of assistance.

(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.

-CITE-

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.

-CITE-

7 USC Sec. 1421 01/06/03

-EXPCITE-

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.

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.

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.

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;

(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.

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.