-CITE-
    7 USC CHAPTER 106 - COMMODITY PROGRAMS                      01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS

-HEAD-
                     CHAPTER 106 - COMMODITY PROGRAMS                 

-MISC1-
    Sec.                                                     
    7901.       Definitions.                                          

       SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS   
    7911.       Establishment of base acres and payment acres for a
                 farm.                                                
    7912.       Establishment of payment yield.                       
    7913.       Availability of direct payments.                      
    7914.       Availability of counter-cyclical payments.            
    7915.       Producer agreement required as condition of provision
                 of direct payments and counter-cyclical payments.    
    7916.       Planting flexibility.                                 
    7917.       Relation to remaining payment authority under
                 production flexibility contracts.                    
    7918.       Period of effectiveness.                              

      SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                                 PAYMENTS
    7931.       Availability of nonrecourse marketing assistance loans
                 for loan commodities.                                
    7932.       Loan rates for nonrecourse marketing assistance loans.
    7933.       Term of loans.                                        
    7934.       Repayment of loans.                                   
    7935.       Loan deficiency payments.                             
    7936.       Payments in lieu of loan deficiency payments for
                 grazed acreage.                                      
    7937.       Special marketing loan provisions for upland cotton.  
    7938.       Special competitive provisions for extra long staple
                 cotton.                                              
    7939.       Availability of recourse loans for high moisture feed
                 grains and seed cotton.                              

                         SUBCHAPTER III - PEANUTS                     
    7951.       Definitions.                                          
    7952.       Establishment of payment yield and base acres for
                 peanuts for a farm.                                  
    7953.       Availability of direct payments for peanuts.          
    7954.       Availability of counter-cyclical payments for peanuts.
    7955.       Producer agreement required as condition on provision
                 of direct payments and counter-cyclical payments.    
    7956.       Planting flexibility.                                 
    7957.       Marketing assistance loans and loan deficiency
                 payments for peanuts.                                
    7958.       Miscellaneous provisions.                             
    7959.       Termination of marketing quota programs for peanuts
                 and compensation to peanut quota holders for loss of
                 quota asset value.                                   
    7960.       Repeal of superseded price support authority and
                 effect of repeal.                                    

                           SUBCHAPTER IV - SUGAR                       
    7971.       Storage facility loans.                               

                           SUBCHAPTER V - DAIRY                       
    7981.       Milk price support program.                           
    7982.       National dairy market loss payments.                  
    7983.       Study of national dairy policy.                       
    7984.       Studies of effects of changes in approach to national
                 dairy policy and fluid milk identity standards.      

                      SUBCHAPTER VI - ADMINISTRATION                  
    7991.       Administration generally.                             
    7992.       Suspension of permanent price support authority.      
    7993.       Commission on application of payment limitations.     
    7994.       Study.                                                
    7995.       Assignment of payments.                               
    7996.       Equitable relief from ineligibility for loans,
                 payments, or other benefits.                         
    7997.       Tracking of benefits.                                 
    7998.       Estimates of net farm income.                         
    7999.       Availability of incentive payments for certain
                 producers.                                           
    8000.       Renewed availability of market loss assistance and
                 certain emergency assistance to persons that failed
                 to receive assistance under earlier authorities.     
    8001.       Producer retention of erroneously paid loan deficiency
                 payments and marketing loan gains.                   
    8002.       Implementation funding and information management.    

-End-



-CITE-
    7 USC Sec. 7901                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS

-HEAD-
    Sec. 7901. Definitions

-STATUTE-
      In this chapter (other than subchapter III of this chapter):
      (1) Agricultural Act of 1949
        The term "Agricultural Act of 1949" means the Agricultural Act
      of 1949 (7 U.S.C. 1421 et seq.), as in effect prior to the
      suspensions under section 7301 of this title.
      (2) Base acres
        The term "base acres", with respect to a covered commodity on a
      farm, means the number of acres established under section 7911 of
      this title with respect to the covered commodity on the election
      made by the owner of the farm under subsection (a) of such
      section.
      (3) Counter-cyclical payment
        The term "counter-cyclical payment" means a payment made to
      producers on a farm under section 7914 of this title.
      (4) Covered commodity
        The term "covered commodity" means wheat, corn, grain sorghum,
      barley, oats, upland cotton, rice, soybeans, and other oilseeds.
      (5) Direct payment
        The term "direct payment" means a payment made to producers on
      a farm under section 7913 of this title.
      (6) Effective price
        The term "effective price", with respect to a covered commodity
      for a crop year, means the price calculated by the Secretary
      under section 7914 of this title to determine whether counter-
      cyclical payments are required to be made for that crop year.
      (7) Extra long staple cotton
        The term "extra long staple cotton" means cotton that - 
          (A) is produced from pure strain varieties of the Barbadense
        species or any hybrid thereof, or other similar types of extra
        long staple cotton, designated by the Secretary, having
        characteristics needed for various end uses for which United
        States upland cotton is not suitable and grown in irrigated
        cotton-growing regions of the United States designated by the
        Secretary or other areas designated by the Secretary as
        suitable for the production of the varieties or types; and
          (B) is ginned on a roller-type gin or, if authorized by the
        Secretary, ginned on another type gin for experimental
        purposes.
      (8) Loan commodity
        The term "loan commodity" means wheat, corn, grain sorghum,
      barley, oats, upland cotton, extra long staple cotton, rice,
      soybeans, other oilseeds, wool, mohair, honey, dry peas, lentils,
      and small chickpeas.
      (9) Other oilseed
        The term "other oilseed" means a crop of sunflower seed,
      rapeseed, canola, safflower, flaxseed, mustard seed, crambe,
      sesame seed, or, if designated by the Secretary, another oilseed.
      (10) Payment acres
        The term "payment acres" means 85 percent of the base acres of
      a covered commodity on a farm, as established under section 7911
      of this title, on which direct payments and counter-cyclical
      payments are made.
      (11) Payment yield
        (A) In general
          The term "payment yield" means the yield established under
        section 7912 of this title for a farm for a covered commodity.
        (B) Updated payment yield
          The term "updated payment yield" means the payment yield
        elected by the owner of a farm under section 7912(e) of this
        title to be used in calculating the counter-cyclical payments
        for the farm.
      (12) Producer
        The term "producer" means an owner, operator, landlord, tenant,
      or sharecropper that shares in the risk of producing a crop and
      is entitled to share in the crop available for marketing from the
      farm, or would have shared had the crop been produced. In
      determining whether a grower of hybrid seed is a producer, the
      Secretary shall not take into consideration the existence of a
      hybrid seed contract and shall ensure that program requirements
      do not adversely affect the ability of the grower to receive a
      payment under this chapter.
      (13) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (14) State
        The term "State" means each of the several States of the United
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, and any other territory or possession of the United States.
      (15) Target price
        The term "target price" means the price per bushel (or other
      appropriate unit in the case of upland cotton, rice, and other
      oilseeds) of a covered commodity used to determine the payment
      rate for counter-cyclical payments.
      (16) United States
        The term "United States", when used in a geographical sense,
      means all of the States.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1001, May 13, 2002, 116 Stat. 143;
    Pub. L. 108-7, div. A, title VII, Sec. 763(a), Feb. 20, 2003, 117
    Stat. 46.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title", meaning title I of Pub. L. 107-171, May 13, 2002, 116 Stat.
    143, which enacted this chapter and section 1308-3a of this title,
    amended sections 450l, 1301, 1308 to 1308-3, 1308-4, 1308-5, 1314b,
    1359aa to 1359kk, 1361, 1371, 1373, 1378, 1428, 1441, 1637a, 4501
    to 4504, 4507, 6402, 6414, 6998, 7001, 7235, 7272, 7282 to 7284,
    7286, and 7301 of this title, and sections 713a-4 and 714c of Title
    15, Commerce and Trade, repealed sections 1339a, 1357 to 1359a, and
    7271 of this title and section 3830a of Title 16, Conservation, and
    enacted provisions set out as notes under sections 1308 and 7272 of
    this title. For complete classification of title I to the Code, see
    Tables.
      Subchapter III of this chapter, referred to in text, was in the
    original "subtitle C", meaning subtitle C (Secs. 1301-1310) of
    title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 166, which is
    classified principally to subchapter III of this chapter. For
    complete classification of subtitle C to the Code, see References
    in Text note set out under section 7951 of this title and Tables.
      The Agricultural Act of 1949, referred to in par. (1), is act
    Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1421 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Par. (9). Pub. L. 108-7 inserted "crambe, sesame seed,"
    after "mustard seed,".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-7, div. A, title VII, Sec. 763(d), Feb. 20, 2003, 117
    Stat. 47, provided that: "This section [amending this section and
    sections 7932 and 7934 of this title] and the amendments made by
    this section apply beginning with the 2003 crop of other oilseeds
    (as defined in section 1001 of the Farm Security and Rural
    Investment Act of 2002 (7 U.S.C. 7901)), dry peas, lentils, and
    small chickpeas."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-171, title I, Sec. 1001, Feb. 8, 2006, 120 Stat. 4,
    provided that: "This title [amending sections 2009cc-18, 2655,
    7621, 7913, 7937, 7953, 7982, and 8106 of this title and sections
    3838a, 3839aa-2, 3839aa-7, and 3841 of Title 16, Conservation, and
    enacting provisions set out as a note under section 7937 of this
    title] may be cited as the 'Agricultural Reconciliation Act of
    2005'."

                                SHORT TITLE                            
      Pub. L. 107-171, Sec. 1(a), May 13, 2002, 116 Stat. 134, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Farm Security and Rural Investment Act of 2002'."

-End-


-CITE-
    7 USC SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL
           PAYMENTS                                        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
       SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS   

-End-



-CITE-
    7 USC Sec. 7911                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7911. Establishment of base acres and payment acres for a farm

-STATUTE-
    (a) Election by owner of base acres calculation method
      (1) Alternative calculation methods
        For the purpose of making direct payments and counter-cyclical
      payments with respect to a farm, the Secretary shall give an
      owner of the farm an opportunity to elect 1 of the following as
      the method by which the base acres of all covered commodities on
      the farm are to be determined:
          (A) Subject to paragraphs (3) and (4), the 4-year average of
        the following:
            (i) Acreage planted on the farm to covered commodities for
          harvest, grazing, haying, silage, or other similar purposes
          for the 1998 through 2001 crop years.
            (ii) Any acreage on the farm that the producers were
          prevented from planting during the 1998 through 2001 crop
          years to covered commodities because of drought, flood, or
          other natural disaster, or other condition beyond the control
          of the producers, as determined by the Secretary.

          (B) Subject to paragraph (3), the sum of the following:
            (i) The contract acreage (as defined in section 7202 of
          this title) used by the Secretary to calculate the fiscal
          year 2002 payment authorized under section 7214 of this title
          for the covered commodities on the farm.
            (ii) The 4-year average of eligible oilseed acreage on the
          farm for the 1998 through 2001 crop years, as determined by
          the Secretary under paragraph (2).
      (2) Eligible oilseed acreage
        (A) Calculation
          For purposes of paragraph (1)(B)(ii), the eligible acreage
        for each oilseed on a farm during each of the 1998 through 2001
        crop years shall be determined in the manner provided in
        paragraph (1)(A), except that the total acreage for all
        oilseeds on the farm for a crop year may not exceed the
        difference between - 
            (i) the total acreage determined under paragraph (1)(A) for
          all covered commodities for that crop year; and
            (ii) the total contract acreage determined under paragraph
          (1)(B)(i).
        (B) Effect of negative number
          If the subtraction performed under subparagraph (A) results
        in a negative number, the eligible oilseed acreage on the farm
        for that crop year shall be zero for purposes of determining
        the 4-year average.
        (C) Offset of contract acreage
          The owner of a farm may increase the eligible acreage for an
        oilseed on the farm by reducing the contract acreage determined
        under paragraph (1)(B)(i) for 1 or more covered commodities on
        an acre-for-acre basis, except that the total base acreage for
        each oilseed on the farm may not exceed the 4-year average of
        each oilseed determined under paragraph (1)(B)(ii).
      (3) Inclusion of all 4 years in average
        For the purpose of determining a 4-year acreage average under
      this subsection for a farm, the Secretary shall not exclude any
      crop year in which a covered commodity was not planted.
      (4) Treatment of multiple planting or prevented planting
        For the purpose of determining under paragraph (1)(A) the
      acreage on a farm that producers planted or were prevented from
      planting during the 1998 through 2001 crop years to covered
      commodities, if the acreage that was planted or prevented from
      being planted was devoted to another covered commodity in the
      same crop year (other than a covered commodity produced under an
      established practice of double cropping), the owner may elect the
      commodity to be used for that crop year in determining the 4-year
      average, but may not include both the initial commodity and the
      subsequent commodity.
    (b) Single election; time for election
      (1) Notice of election opportunity
        As soon as practicable after May 13, 2002, the Secretary shall
      provide notice to owners of farms regarding their opportunity to
      make the election described in subsection (a) of this section.
      The notice shall include the following:
          (A) Notice that the opportunity of an owner to make the
        election is being provided only once.
          (B) Information regarding the manner in which the election
        must be made and the time periods and manner in which notice of
        the election must be submitted to the Secretary.
      (2) Election deadline
        Within the time period and in the manner prescribed pursuant to
      paragraph (1), the owner of a farm shall submit to the Secretary
      notice of the election made by the owner under subsection (a) of
      this section.
    (c) Effect of failure to make election
      If the owner of a farm fails to make the election under
    subsection (a) of this section or fails to timely notify the
    Secretary of the election made, as required by subsection (b) of
    this section, the owner shall be deemed to have made the election
    described in subsection (a)(1)(B) of this section to determine base
    acres for all covered commodities on the farm.
    (d) Application of election to all covered commodities
      The election made under subparagraph (A) or (B) of subsection
    (a)(1) of this section, or deemed to be made under subsection (c)
    of this section, with respect to a farm shall apply to all of the
    covered commodities on the farm.
    (e) Treatment of conservation reserve contract acreage
      (1) In general
        The Secretary shall provide for an adjustment, as appropriate,
      in the base acres for covered commodities for a farm whenever
      either of the following circumstances occurs:
          (A) A conservation reserve contract entered into under
        section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831)
        with respect to the farm expires or is voluntarily terminated.
          (B) Cropland is released from coverage under a conservation
        reserve contract by the Secretary.
      (2) Special payment rules
        For the crop year in which a base acres adjustment under
      paragraph (1) is first made, the owner of the farm shall elect to
      receive either direct payments and counter-cyclical payments with
      respect to the acreage added to the farm under this subsection or
      a prorated payment under the conservation reserve contract, but
      not both.
    (f) Payment acres
      The payment acres for a covered commodity on a farm shall be
    equal to 85 percent of the base acres for the covered commodity.
    (g) Prevention of excess base acres
      (1) Required reduction
        If the sum of the base acres for a farm, together with the
      acreage described in paragraph (2), exceeds the actual cropland
      acreage of the farm, the Secretary shall reduce the base acres
      for 1 or more covered commodities for the farm or the base acres
      for peanuts for the farm under subchapter III of this chapter so
      that the sum of the base acres and acreage described in paragraph
      (2) does not exceed the actual cropland acreage of the farm.
      (2) Other acreage
        For purposes of paragraph (1), the Secretary shall include the
      following:
          (A) Any base acres for peanuts for the farm under subchapter
        III of this chapter.
          (B) Any acreage on the farm enrolled in the conservation
        reserve program or wetlands reserve program under chapter 1 of
        subtitle D of title XII of the Food Security Act of 1985 (16
        U.S.C. 3830 et seq.).
          (C) Any other acreage on the farm enrolled in a conservation
        program for which payments are made in exchange for not
        producing an agricultural commodity on the acreage.
      (3) Selection of acres
        The Secretary shall give the owner of the farm the opportunity
      to select the base acres or the base acres for peanuts for the
      farm under subchapter III of this chapter against which the
      reduction required by paragraph (1) will be made.
      (4) Exception for double-cropped acreage
        In applying paragraph (1), the Secretary shall make an
      exception in the case of double cropping, as determined by the
      Secretary.
      (5) Coordinated application of requirements
        The Secretary shall take into account section 7952(f) of this
      title when applying the requirements of this subsection.
    (h) Permanent reduction in base acres
      The owner of a farm may reduce, at any time, the base acres for
    any covered commodity for the farm. The reduction shall be
    permanent and made in the manner prescribed by the Secretary.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1101, May 13, 2002, 116 Stat. 144.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter III of this chapter, referred to in subsec. (g)(1),
    (2)(A), (3), was in the original "subtitle C", meaning subtitle C
    (Secs. 1301-1310) of title I of Pub. L. 107-171, May 13, 2002, 116
    Stat. 166, which is classified principally to subchapter III of
    this chapter. For complete classification of subtitle C to the
    Code, see References in Text note set out under section 7951 of
    this title and Tables.
      The Food Security Act of 1985, referred to in subsec. (g)(2)(B),
    is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Chapter 1 of subtitle D of title XII of the Act is classified
    generally to part I (Sec. 3830 et seq.) of subchapter IV of chapter
    58 of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title of 1985 Amendment note set out
    under section 1281 of this title and Tables.


-MISC1-
                              POPCORN ACREAGE                          
      Pub. L. 108-7, div. A, title VII, Sec. 767, Feb. 20, 2003, 117
    Stat. 48, provided that:
      "(a) Notwithstanding any other provision of law, for purposes of
    administering sections 1101 and 1102 of Public Law 107-171 [7
    U.S.C. 7911, 7912], acreage planted to, or prevented from being
    planted to, popcorn shall be considered as acreage planted to, or
    prevented from being planted to, corn: Provided, That if a farm
    program payment yield for corn is otherwise established for a farm
    under such section 1102, the same yield shall be used for the
    acreage on the farm planted to, or prevented from being planted to,
    popcorn: Provided further, That with respect to all other farms,
    the farm program payment yield for such popcorn acreage shall be
    established by the Secretary on a fair and equitable basis to
    reflect the farm program payment yields for corn on similar farms
    in the area.
      "(b) This section shall take effect on October 1, 2003."

-End-



-CITE-
    7 USC Sec. 7912                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7912. Establishment of payment yield

-STATUTE-
    (a) Establishment and purpose
      For the purpose of making direct payments and counter-cyclical
    payments under this subchapter, the Secretary shall provide for the
    establishment of a payment yield for each farm for each covered
    commodity in accordance with this section.
    (b) Use of farm program payment yield
      Except as otherwise provided in this section, the payment yield
    for each of the 2002 through 2007 crops of a covered commodity for
    a farm shall be the farm program payment yield established for the
    1995 crop of the covered commodity under section 1465 of this
    title, as adjusted by the Secretary to account for any additional
    yield payments made with respect to that crop under section
    1465(b)(2) of this title.
    (c) Farms without farm program payment yield
      In the case of a farm for which a farm program payment yield is
    unavailable for a covered commodity (other than soybeans or other
    oilseeds), the Secretary shall establish an appropriate payment
    yield for the covered commodity on the farm taking into
    consideration the farm program payment yields applicable to the
    commodity under subsection (b) of this section for similar farms,
    but before the yields for the similar farms are updated as provided
    in subsection (e) of this section.
    (d) Payment yields for oilseeds
      (1) Determination of average yield
        In the case of soybeans and each other oilseed, the Secretary
      shall determine the average yield per planted acre for the
      oilseed on a farm for the 1998 through 2001 crop years, excluding
      any crop year in which the acreage planted to the oilseed was
      zero.
      (2) Adjustment for payment yield
        The payment yield for a farm for an oilseed shall be equal to
      the product of the following:
          (A) The average yield for the oilseed determined under
        paragraph (1).
          (B) The ratio resulting from dividing the national average
        yield for the oilseed for the 1981 through 1985 crops by the
        national average yield for the oilseed for the 1998 through
        2001 crops.
      (3) Use of partial county average yield
        If the yield per planted acre for a crop of an oilseed for a
      farm for any of the 1998 through 2001 crop years was less than 75
      percent of the county yield for that oilseed, the Secretary shall
      assign a yield for that crop year equal to 75 percent of the
      county yield for the purpose of determining the average under
      paragraph (1).
    (e) Opportunity to partially update yields used to determine
      counter-cyclical payments
      (1) Election to update
        If the owner of a farm elects to use the base acres calculation
      method described in section 7911(a)(1)(A) of this title, the
      owner shall also have a 1-time opportunity to elect to use 1 of
      the methods described in paragraph (3) to partially update the
      payment yields that would otherwise be used in calculating any
      counter-cyclical payments for covered commodities on the farm.
      (2) Time for election
        The election under paragraph (1) shall be made at the same time
      and in the same manner as the Secretary prescribes for the
      election required under section 7911 of this title.
      (3) Methods of updating yields
        If the owner of a farm elects to update yields under this
      subsection, the payment yield for a covered commodity on the
      farm, for the purpose of calculating counter-cyclical payments
      only, shall be equal to the yield determined using either of the
      following:
          (A) The sum of the following:
            (i) The payment yield applicable for direct payments for
          the covered commodity on the farm.
            (ii) 70 percent of the difference between - 
              (I) the average yield per planted acre for the crop of
            the covered commodity on the farm for the 1998 through 2001
            crop years, as determined by the Secretary, excluding any
            crop year in which the acreage planted to the crop of the
            covered commodity was zero; and
              (II) the payment yield applicable for direct payments for
            the covered commodity on the farm.

          (B) 93.5 percent of the average of the yield per planted acre
        for the crop of the covered commodity on the farm for the 1998
        through 2001 crop years, as determined by the Secretary,
        excluding any crop year in which the acreage planted to the
        crop of the covered commodity was zero.
      (4) Use of partial county average yield
        If the yield per planted acre for a crop of the covered
      commodity for a farm for any of the 1998 through 2001 crop years
      was less than 75 percent of the county yield for that commodity,
      the Secretary shall assign a yield for that crop year equal to 75
      percent of the county yield for the purpose of determining the
      average yield under paragraph (3).
      (5) Application of election and method to all covered commodities
        The owner of a farm may not elect the method described in
      paragraph (3)(A) for 1 covered commodity on the farm and the
      method described in paragraph (3)(B) for other covered
      commodities on the farm.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1102, May 13, 2002, 116 Stat. 147.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1465 of this title, referred to in subsec. (b), was
    omitted from the Code.

-End-



-CITE-
    7 USC Sec. 7913                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7913. Availability of direct payments

-STATUTE-
    (a) Payment required
      For each of the 2002 through 2007 crop years of each covered
    commodity, the Secretary shall make direct payments to producers on
    farms for which payment yields and base acres are established.
    (b) Payment rate
      The payment rates used to make direct payments with respect to
    covered commodities for a crop year are as follows:
        (1) Wheat, $0.52 per bushel.
        (2) Corn, $0.28 per bushel.
        (3) Grain sorghum, $0.35 per bushel.
        (4) Barley, $0.24 per bushel.
        (5) Oats, $0.024 per bushel.
        (6) Upland cotton, $0.0667 per pound.
        (7) Rice, $2.35 per hundredweight.
        (8) Soybeans, $0.44 per bushel.
        (9) Other oilseeds, $0.0080 per pound.
    (c) Payment amount
      The amount of the direct payment to be paid to the producers on a
    farm for a covered commodity for a crop year shall be equal to the
    product of the following:
        (1) The payment rate specified in subsection (b) of this
      section.
        (2) The payment acres of the covered commodity on the farm.
        (3) The payment yield for the covered commodity for the farm.
    (d) Time for payment
      (1) In general
        The Secretary shall make direct payments - 
          (A) in the case of the 2002 crop year, as soon as practicable
        after May 13, 2002; and
          (B) in the case of each of the 2003 through 2007 crop years,
        not before October 1 of the calendar year in which the crop of
        the covered commodity is harvested.
      (2) Advance payments
        At the option of the producers on a farm, up to 50 percent of
      the direct payment for a covered commodity for any of the 2003
      through 2005 crop years, up to 40 percent of the direct payment
      for a covered commodity for the 2006 crop year, and up to 22
      percent of the direct payment for a covered commodity for the
      2007 crop year, shall be paid to the producers in advance. The
      producers shall select the month within which the advance payment
      for a crop year will be made. The month selected may be any month
      during the period beginning on December 1 of the calendar year
      before the calendar year in which the crop of the covered
      commodity is harvested through the month within which the direct
      payment would otherwise be made. The producers may change the
      selected month for a subsequent advance payment by providing
      advance notice to the Secretary.
      (3) Repayment of advance payments
        If a producer on a farm that receives an advance direct payment
      for a crop year ceases to be a producer on that farm, or the
      extent to which the producer shares in the risk of producing a
      crop changes, before the date the remainder of the direct payment
      is made, the producer shall be responsible for repaying the
      Secretary the applicable amount of the advance payment, as
      determined by the Secretary.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1103, May 13, 2002, 116 Stat. 149;
    Pub. L. 109-171, title I, Sec. 1102(a), Feb. 8, 2006, 120 Stat. 5.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d)(2). Pub. L. 109-171 substituted "2005 crop
    years, up to 40 percent of the direct payment for a covered
    commodity for the 2006 crop year, and up to 22 percent of the
    direct payment for a covered commodity for the 2007 crop year," for
    "2007 crop years".

-End-



-CITE-
    7 USC Sec. 7914                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7914. Availability of counter-cyclical payments

-STATUTE-
    (a) Payment required
      For each of the 2002 through 2007 crop years for each covered
    commodity, the Secretary shall make counter-cyclical payments to
    producers on farms for which payment yields and base acres are
    established with respect to the covered commodity if the Secretary
    determines that the effective price for the covered commodity is
    less than the target price for the covered commodity.
    (b) Effective price
      For purposes of subsection (a) of this section, the effective
    price for a covered commodity is equal to the sum of the following:
        (1) The higher of the following:
          (A) The national average market price received by producers
        during the 12-month marketing year for the covered commodity,
        as determined by the Secretary.
          (B) The national average loan rate for a marketing assistance
        loan for the covered commodity in effect for the applicable
        period under subchapter II of this chapter.

        (2) The payment rate in effect for the covered commodity under
      section 7913 of this title for the purpose of making direct
      payments with respect to the covered commodity.
    (c) Target price
      (1) 2002 and 2003 crop years
        For purposes of the 2002 and 2003 crop years, the target prices
      for covered commodities shall be as follows:
          (A) Wheat, $3.86 per bushel.
          (B) Corn, $2.60 per bushel.
          (C) Grain sorghum, $2.54 per bushel.
          (D) Barley, $2.21 per bushel.
          (E) Oats, $1.40 per bushel.
          (F) Upland cotton, $0.7240 per pound.
          (G) Rice, $10.50 per hundredweight.
          (H) Soybeans, $5.80 per bushel.
          (I) Other oilseeds, $0.0980 per pound.
      (2) Subsequent crop years
        For purposes of each of the 2004 through 2007 crop years, the
      target prices for covered commodities shall be as follows:
          (A) Wheat, $3.92 per bushel.
          (B) Corn, $2.63 per bushel.
          (C) Grain sorghum, $2.57 per bushel.
          (D) Barley, $2.24 per bushel.
          (E) Oats, $1.44 per bushel.
          (F) Upland cotton, $0.7240 per pound.
          (G) Rice, $10.50 per hundredweight.
          (H) Soybeans, $5.80 per bushel.
          (I) Other oilseeds, $0.1010 per pound.
    (d) Payment rate
      The payment rate used to make counter-cyclical payments with
    respect to a covered commodity for a crop year shall be equal to
    the difference between - 
        (1) the target price for the covered commodity; and
        (2) the effective price determined under subsection (b) of this
      section for the covered commodity.
    (e) Payment amount
      If counter-cyclical payments are required to be paid for any of
    the 2002 through 2007 crop years of a covered commodity, the amount
    of the counter-cyclical payment to be paid to the producers on a
    farm for that crop year shall be equal to the product of the
    following:
        (1) The payment rate specified in subsection (d) of this
      section.
        (2) The payment acres of the covered commodity on the farm.
        (3) The payment yield or updated payment yield for the farm,
      depending on the election of the owner of the farm under section
      7912 of this title.
    (f) Time for payments
      (1) General rule
        If the Secretary determines under subsection (a) of this
      section that counter-cyclical payments are required to be made
      under this section for the crop of a covered commodity, the
      Secretary shall make the counter-cyclical payments for the crop
      as soon as practicable after the end of the 12-month marketing
      year for the covered commodity.
      (2) Availability of partial payments
        If, before the end of the 12-month marketing year for a covered
      commodity, the Secretary estimates that counter-cyclical payments
      will be required for the crop of the covered commodity, the
      Secretary shall give producers on a farm the option to receive
      partial payments of the counter-cyclical payment projected to be
      made for that crop of the covered commodity.
      (3) Time for partial payments
        (A) 2002 through 2006 crop years
          When the Secretary makes partial payments available under
        paragraph (2) for a covered commodity for any of the 2002
        through 2006 crop years - 
            (i) the first partial payment for the crop year shall be
          made not earlier than October 1, and, to the maximum extent
          practicable, not later than October 31, of the calendar year
          in which the crop of the covered commodity is harvested;
            (ii) the second partial payment shall be made not earlier
          than February 1 of the next calendar year; and
            (iii) the final partial payment shall be made as soon as
          practicable after the end of the 12-month marketing year for
          the covered commodity.
        (B) 2007 crop year
          When the Secretary makes partial payments available for a
        covered commodity for the 2007 crop year - 
            (i) the first partial payment shall be made after
          completion of the first 6 months of the marketing year for
          the covered commodity; and
            (ii) the final partial payment shall be made as soon as
          practicable after the end of the 12-month marketing year for
          the covered commodity.
      (4) Amount of partial payments
        (A) 2002 through 2006 crop years
          (i) First partial payment
            For each of the 2002 through 2006 crop years of a covered
          commodity, the first partial payment under paragraph (3) to
          the producers on a farm may not exceed 35 percent of the
          projected counter-cyclical payment for the covered commodity
          for the crop year, as determined by the Secretary.
          (ii) Second partial payment
            The second partial payment for a covered commodity for a
          crop year may not exceed the difference between - 
              (I) 70 percent of the projected counter-cyclical payment
            (including any revision thereof) for the crop of the
            covered commodity; and
              (II) the amount of the payment made under clause (i).
          (iii) Final payment
            The final payment for a covered commodity for a crop year
          shall be equal to the difference between - 
              (I) the actual counter-cyclical payment to be made to the
            producers for the covered commodity for that crop year; and
              (II) the amount of the partial payments made to the
            producers under clauses (i) and (ii) for that crop year.
        (B) 2007 crop year
          (i) First partial payment
            For the 2007 crop year, the first partial payment under
          paragraph (3) to the producers on a farm may not exceed 40
          percent of the projected counter-cyclical payment for the
          covered commodity for the crop year, as determined by the
          Secretary.
          (ii) Final payment
            The final payment for the 2007 crop year shall be equal to
          the difference between - 
              (I) the actual counter-cyclical payment to be made to the
            producers for the covered commodity for that crop year; and
              (II) the amount of the partial payment made to the
            producers under clause (i).
      (5) Repayment
        The producers on a farm that receive a partial payment under
      this subsection for a crop year shall repay to the Secretary the
      amount, if any, by which the total of the partial payments exceed
      the actual counter-cyclical payment to be made for the covered
      commodity for that crop year.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1104, May 13, 2002, 116 Stat. 150.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter II of this chapter, referred to in subsec. (b)(1)(B),
    was in the original "subtitle B", meaning subtitle B (Secs. 1201-
    1209) of title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 155,
    which is classified principally to subchapter II of this chapter.
    For complete classification of subtitle B to the Code, see Tables.

-End-



-CITE-
    7 USC Sec. 7915                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7915. Producer agreement required as condition of provision of
      direct payments and counter-cyclical payments

-STATUTE-
    (a) Compliance with certain requirements
      (1) Requirements
        Before the producers on a farm may receive direct payments or
      counter-cyclical payments with respect to the farm, the producers
      shall agree, during the crop year for which the payments are made
      and in exchange for the payments - 
          (A) to comply with applicable conservation requirements under
        subtitle B of title XII of the Food Security Act of 1985 (16
        U.S.C. 3811 et seq.);
          (B) to comply with applicable wetland protection requirements
        under subtitle C of title XII of the Act (16 U.S.C. 3821 et
        seq.);
          (C) to comply with the planting flexibility requirements of
        section 7916 of this title;
          (D) to use the land on the farm, in a quantity equal to the
        attributable base acres for the farm and any base acres for
        peanuts for the farm under subchapter III of this chapter for
        an agricultural or conserving use, and not for a
        nonagricultural commercial or industrial use, as determined by
        the Secretary; and
          (E) to effectively control noxious weeds and otherwise
        maintain the land in accordance with sound agricultural
        practices, as determined by the Secretary, if the agricultural
        or conserving use involves the noncultivation of any portion of
        the land referred to in subparagraph (D).
      (2) Compliance
        The Secretary may issue such rules as the Secretary considers
      necessary to ensure producer compliance with the requirements of
      paragraph (1).
      (3) Modification
        At the request of the transferee or owner, the Secretary may
      modify the requirements of this subsection if the modifications
      are consistent with the objectives of this subsection, as
      determined by the Secretary.
    (b) Transfer or change of interest in farm
      (1) Termination
        Except as provided in paragraph (2), a transfer of (or change
      in) the interest of the producers on a farm in base acres for
      which direct payments or counter-cyclical payments are made shall
      result in the termination of the payments with respect to the
      base acres, unless the transferee or owner of the acreage agrees
      to assume all obligations under subsection (a) of this section.
      The termination shall take effect on the date determined by the
      Secretary.
      (2) Exception
        If a producer entitled to a direct payment or counter-cyclical
      payment dies, becomes incompetent, or is otherwise unable to
      receive the payment, the Secretary shall make the payment, in
      accordance with rules issued by the Secretary.
    (c) Acreage reports
      As a condition on the receipt of any benefits under this
    subchapter or subchapter II of this chapter, the Secretary shall
    require producers on a farm to submit to the Secretary annual
    acreage reports with respect to all cropland on the farm.
    (d) Tenants and sharecroppers
      In carrying out this subchapter, the Secretary shall provide
    adequate safeguards to protect the interests of tenants and
    sharecroppers.
    (e) Sharing of payments
      The Secretary shall provide for the sharing of direct payments
    and counter-cyclical payments among the producers on a farm on a
    fair and equitable basis.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1105, May 13, 2002, 116 Stat. 152.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Food Security Act of 1985, referred to in subsec. (a)(1)(A),
    (B), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Subtitles B and C of title XII of the Act are classified generally
    to subchapters II (Sec. 3811 et seq.) and III (Sec. 3821 et seq.),
    respectively, of chapter 58 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title of 1985
    Amendment note set out under section 1281 of this title and Tables.
      Subchapter III of this chapter, referred to in subsec. (a)(1)(D),
    was in the original "subtitle C", meaning subtitle C (Secs. 1301-
    1310) of title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 166,
    which is classified principally to subchapter III of this chapter.
    For complete classification of subtitle C to the Code, see
    References in Text note set out under section 7951 of this title
    and Tables.
      Subchapter II of this chapter, referred to in subsec. (c), was in
    the original "subtitle B", meaning subtitle B (Secs. 1201-1209) of
    title I of Pub. L. 107-171, May 13, 2002, 116 Stat, 155, which is
    classified principally to subchapter II of this chapter. For
    complete classification of subtitle B to the Code, see Tables.

-End-



-CITE-
    7 USC Sec. 7916                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7916. Planting flexibility

-STATUTE-
    (a) Permitted crops
      Subject to subsection (b) of this section, any commodity or crop
    may be planted on base acres on a farm.
    (b) Limitations regarding certain commodities
      (1) General limitation
        The planting of an agricultural commodity specified in
      paragraph (3) shall be prohibited on base acres unless the
      commodity, if planted, is destroyed before harvest.
      (2) Treatment of trees and other perennials
        The planting of an agricultural commodity specified in
      paragraph (3) that is produced on a tree or other perennial plant
      shall be prohibited on base acres.
      (3) Covered agricultural commodities
        Paragraphs (1) and (2) apply to the following agricultural
      commodities:
          (A) Fruits.
          (B) Vegetables (other than lentils, mung beans, and dry
        peas).
          (C) Wild rice.
    (c) Exceptions
      Paragraphs (1) and (2) of subsection (b) of this section shall
    not limit the planting of an agricultural commodity specified in
    paragraph (3) of that subsection - 
        (1) in any region in which there is a history of double-
      cropping of covered commodities with agricultural commodities
      specified in subsection (b)(3) of this section, as determined by
      the Secretary, in which case the double-cropping shall be
      permitted;
        (2) on a farm that the Secretary determines has a history of
      planting agricultural commodities specified in subsection (b)(3)
      of this section on base acres, except that direct payments and
      counter-cyclical payments shall be reduced by an acre for each
      acre planted to such an agricultural commodity; or
        (3) by the producers on a farm that the Secretary determines
      has an established planting history of a specific agricultural
      commodity specified in subsection (b)(3) of this section, except
      that - 
          (A) the quantity planted may not exceed the average annual
        planting history of such agricultural commodity by the
        producers on the farm in the 1991 through 1995 or 1998 through
        2001 crop years (excluding any crop year in which no plantings
        were made), as determined by the Secretary; and
          (B) direct payments and counter-cyclical payments shall be
        reduced by an acre for each acre planted to such agricultural
        commodity.
    (d) Special rule for 2002 crop year
      For the 2002 crop year only, if the calculation of base acres
    under section 7911(a) of this title results in total base acres for
    a farm in excess of the contract acreage (as defined in section
    7202 of this title) for the farm used to calculate the fiscal year
    2002 payment authorized under section 7214 of this title,
    paragraphs (1) and (2) of subsection (b) of this section shall not
    limit the harvesting of an agricultural commodity specified in
    paragraph (3) of that subsection on the excess base acres, except
    that direct payments and counter-cyclical payments for the 2002
    crop year shall be reduced by an acre for each acre of the excess
    base acres planted to such an agricultural commodity.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1106, May 13, 2002, 116 Stat. 153.)

-End-



-CITE-
    7 USC Sec. 7917                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7917. Relation to remaining payment authority under production
      flexibility contracts

-STATUTE-
    (a) Termination of superseded payment authority
      Notwithstanding section 7213(a)(7) of this title or any other
    provision of law, the Secretary shall not make payments for fiscal
    year 2002 after May 13, 2002, under a production flexibility
    contract entered into under section 7211 of this title unless
    requested by the producer that is a party to the contract.
    (b) Contract payments made before enactment
      If a producer receives all or any portion of the payment
    authorized for fiscal year 2002 under a production flexibility
    contract, the Secretary shall reduce the amount of the direct
    payment otherwise due the producer for the 2002 crop year under
    section 7913 of this title by the amount of the fiscal year 2002
    payment received by the producer under the production flexibility
    contract.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1107, May 13, 2002, 116 Stat. 154.)

-End-



-CITE-
    7 USC Sec. 7918                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER I - DIRECT PAYMENTS AND COUNTER-CYCLICAL PAYMENTS

-HEAD-
    Sec. 7918. Period of effectiveness

-STATUTE-
      This subchapter shall be effective beginning with the 2002 crop
    year of each covered commodity through the 2007 crop year.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1108, May 13, 2002, 116 Stat. 155.)

-End-


-CITE-
    7 USC SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN
           DEFICIENCY PAYMENTS                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
      SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                                 PAYMENTS

-End-



-CITE-
    7 USC Sec. 7931                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7931. Availability of nonrecourse marketing assistance loans
      for loan commodities

-STATUTE-
    (a) Nonrecourse loans available
      (1) Availability
        For each of the 2002 through 2007 crops of each loan commodity,
      the Secretary shall make available to producers on a farm
      nonrecourse marketing assistance loans for loan commodities
      produced on the farm.
      (2) Terms and conditions
        The marketing assistance loans shall be made under terms and
      conditions that are prescribed by the Secretary and at the loan
      rate established under section 7932 of this title for the loan
      commodity.
    (b) Eligible production
      The producers on a farm shall be eligible for a marketing
    assistance loan under subsection (a) of this section for any
    quantity of a loan commodity produced on the farm.
    (c) Treatment of certain commingled commodities
      In carrying out this subchapter, the Secretary shall make loans
    to producers on a farm that would be eligible to obtain a marketing
    assistance loan, but for the fact the loan commodity owned by the
    producers on the farm commingled with loan commodities of other
    producers in facilities unlicensed for the storage of agricultural
    commodities by the Secretary or a State licensing authority, if the
    producers obtaining the loan agree to immediately redeem the loan
    collateral in accordance with section 166 of the Federal
    Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286).
    (d) Compliance with conservation and wetlands requirements
      As a condition of the receipt of a marketing assistance loan
    under subsection (a) of this section, the producer shall comply
    with applicable conservation requirements under subtitle B of title
    XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and
    applicable wetland protection requirements under subtitle C of
    title XII of the Act (16 U.S.C. 3821 et seq.) during the term of
    the loan.
    (e) Termination of superseded loan authority
      Notwithstanding section 131 of the Federal Agriculture
    Improvement and Reform Act of 1996 (7 U.S.C. 7231), nonrecourse
    marketing assistance loans shall not be made for the 2002 crop of
    loan commodities under subtitle C of title I of such Act [7 U.S.C.
    7231 et seq.].

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1201, May 13, 2002, 116 Stat. 155.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (c), was in the original
    "this subtitle", meaning subtitle B (Secs. 1201-1209) of title I of
    Pub. L. 107-171, May 13, 2002, 116 Stat. 155, which is classified
    principally to this subchapter. For complete classification of
    subtitle B to the Code, see Tables.
      The Food Security Act of 1985, referred to in subsec. (d), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles
    B and C of title XII of the Act are classified generally to
    subchapters II (Sec. 3811 et seq.) and III (Sec. 3821 et seq.),
    respectively, of chapter 58 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title of 1985
    Amendment note set out under section 1281 of this title and Tables.
      The Federal Agriculture Improvement and Reform Act of 1996,
    referred to in subsec. (e), is Pub. L. 104-127, Apr. 4, 1996, 110
    Stat. 888, as amended. Subtitle C of title I of the Act is
    classified generally to subchapter III (Sec. 7231 et seq.) of
    chapter 100 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 7201 of
    this title and Tables.

-End-



-CITE-
    7 USC Sec. 7932                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7932. Loan rates for nonrecourse marketing assistance loans

-STATUTE-
    (a) 2002 and 2003 crop years
      For purposes of the 2002 and 2003 crop years, the loan rate for a
    marketing assistance loan under section 7931 of this title for a
    loan commodity shall be equal to the following:
        (1) In the case of wheat, $2.80 per bushel.
        (2) In the case of corn, $1.98 per bushel.
        (3) In the case of grain sorghum, $1.98 per bushel.
        (4) In the case of barley, $1.88 per bushel.
        (5) In the case of oats, $1.35 per bushel.
        (6) In the case of upland cotton, $0.52 per pound.
        (7) In the case of extra long staple cotton, $0.7977 per pound.
        (8) In the case of rice, $6.50 per hundredweight.
        (9) In the case of soybeans, $5.00 per bushel.
        (10) In the case of other oilseeds, $.0960 per pound for each
      of the following kinds of oilseeds:
          (A) Sunflower seed.
          (B) Rapeseed.
          (C) Canola.
          (D) Safflower.
          (E) Flaxseed.
          (F) Mustard seed.
          (G) Crambe.
          (H) Sesame seed.
          (I) Other oilseeds designated by the Secretary.

        (11) In the case of graded wool, $1.00 per pound.
        (12) In the case of nongraded wool, $0.40 per pound.
        (13) In the case of mohair, $4.20 per pound.
        (14) In the case of honey, $0.60 per pound.
        (15) In the case of dry peas, $6.33 per hundredweight.
        (16) In the case of lentils, $11.94 per hundredweight.
        (17) In the case of small chickpeas, $7.56 per hundredweight.
    (b) 2004 through 2007 crop years
      For purposes of the 2004 through 2007 crop years, the loan rate
    for a marketing assistance loan under section 7931 of this title
    for a loan commodity shall be equal to the following:
        (1) In the case of wheat, $2.75 per bushel.
        (2) In the case of corn, $1.95 per bushel.
        (3) In the case of grain sorghum, $1.95 per bushel.
        (4) In the case of barley, $1.85 per bushel.
        (5) In the case of oats, $1.33 per bushel.
        (6) In the case of upland cotton, $0.52 per pound.
        (7) In the case of extra long staple cotton, $0.7977 per pound.
        (8) In the case of rice, $6.50 per hundredweight.
        (9) In the case of soybeans, $5.00 per bushel.
        (10) In the case of other oilseeds, $.0930 per pound for each
      of the following kinds of oilseeds:
          (A) Sunflower seed.
          (B) Rapeseed.
          (C) Canola.
          (D) Safflower.
          (E) Flaxseed.
          (F) Mustard seed.
          (G) Crambe.
          (H) Sesame seed.
          (I) Other oilseeds designated by the Secretary.

        (11) In the case of graded wool, $1.00 per pound.
        (12) In the case of nongraded wool, $0.40 per pound.
        (13) In the case of mohair, $4.20 per pound.
        (14) In the case of honey, $0.60 per pound.
        (15) In the case of dry peas, $6.22 per hundredweight.
        (16) In the case of lentils, $11.72 per hundredweight.
        (17) In the case of small chickpeas, $7.43 per hundredweight.
    (c) Single county loan rate for other oilseeds
      The Secretary shall establish a single loan rate in each county
    for each kind of other oilseeds described in subsections (a)(10)
    and (b)(10) of this section.
    (d) Quality grades for dry peas, lentils, and small chickpeas
      The loan rate for dry peas, lentils, and small chickpeas shall be
    based on - 
        (1) in the case of dry peas, United States feed peas;
        (2) in the case of lentils, United States number 3 lentils; and
        (3) in the case of small chickpeas, United States number 3
      small chickpeas that drop below a 20/64 screen.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1202, May 13, 2002, 116 Stat. 155;
    Pub. L. 108-7, div. A, title VII, Sec. 763(b), Feb. 20, 2003, 117
    Stat. 46.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(10). Pub. L. 108-7, Sec. 763(b)(1), added par.
    (10) and struck out former par. (10) which read as follows: "In the
    case of other oilseeds, $0.0960 per pound."
      Subsec. (b)(10). Pub. L. 108-7, Sec. 763(b)(2), added par. (10)
    and struck out former par. (10) which read as follows: "In the case
    of other oilseeds, $0.0930 per pound."
      Subsecs. (c), (d). Pub. L. 108-7, Sec. 763(b)(3), added subsecs.
    (c) and (d).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-7 applicable beginning with the 2003
    crop of other oilseeds, dry peas, lentils, and small chickpeas, see
    section 763(d) of Pub. L. 108-7, set out as a note under section
    7901 of this title.

-End-



-CITE-
    7 USC Sec. 7933                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7933. Term of loans

-STATUTE-
    (a) Term of loan
      In the case of each loan commodity, a marketing assistance loan
    under section 7931 of this title shall have a term of 9 months
    beginning on the first day of the first month after the month in
    which the loan is made.
    (b) Extensions prohibited
      The Secretary may not extend the term of a marketing assistance
    loan for any loan commodity.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1203, May 13, 2002, 116 Stat. 156.)

-End-



-CITE-
    7 USC Sec. 7934                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7934. Repayment of loans

-STATUTE-
    (a) General rule
      The Secretary shall permit the producers on a farm to repay a
    marketing assistance loan under section 7931 of this title for a
    loan commodity (other than upland cotton, rice, extra long staple
    cotton, and confectionery and each other kind of sunflower seed
    (other than oil sunflower seed)) at a rate that is the lesser of - 
        (1) the loan rate established for the commodity under section
      7932 of this title, plus interest (determined in accordance with
      section 7283 of this title); or
        (2) a rate that the Secretary determines will - 
          (A) minimize potential loan forfeitures;
          (B) minimize the accumulation of stocks of the commodity by
        the Federal Government;
          (C) minimize the cost incurred by the Federal Government in
        storing the commodity;
          (D) allow the commodity produced in the United States to be
        marketed freely and competitively, both domestically and
        internationally; and
          (E) minimize discrepancies in marketing loan benefits across
        State boundaries and across county boundaries.
    (b) Repayment rates for upland cotton and rice
      The Secretary shall permit producers to repay a marketing
    assistance loan under section 7931 of this title for upland cotton
    and rice at a rate that is the lesser of - 
        (1) the loan rate established for the commodity under section
      7932 of this title, plus interest (determined in accordance with
      section 7283 of this title); or
        (2) the prevailing world market price for the commodity
      (adjusted to United States quality and location), as determined
      by the Secretary.
    (c) Repayment rates for extra long staple cotton
      Repayment of a marketing assistance loan for extra long staple
    cotton shall be at the loan rate established for the commodity
    under section 7932 of this title, plus interest (determined in
    accordance with section 7283 of this title).
    (d) Prevailing world market price
      For purposes of this section and section 7937 of this title, the
    Secretary shall prescribe by regulation - 
        (1) a formula to determine the prevailing world market price
      for upland cotton and rice, adjusted to United States quality and
      location; and
        (2) a mechanism by which the Secretary shall announce
      periodically the prevailing world market price for upland cotton
      and rice.
    (e) Adjustment of prevailing world market price for upland cotton
      (1) In general
        During the period beginning on May 13, 2002, through July 31,
      2008, the prevailing world market price for upland cotton
      (adjusted to United States quality and location) established
      under subsection (d) of this section shall be further adjusted if
      - 
          (A) the adjusted prevailing world market price is less than
        115 percent of the loan rate for upland cotton established
        under section 7932 of this title, as determined by the
        Secretary; and
          (B) the Friday through Thursday average price quotation for
        the lowest-priced United States growth as quoted for Middling
        (M) 1 3/32 -inch cotton delivered C.I.F. Northern Europe is
        greater than the Friday through Thursday average price of the 5
        lowest-priced growths of upland cotton, as quoted for Middling
        (M) 1 3/32 -inch cotton, delivered C.I.F. Northern Europe
        (referred to in this section as the "Northern Europe price").
      (2) Further adjustment
        Except as provided in paragraph (3), the adjusted prevailing
      world market price for upland cotton shall be further adjusted on
      the basis of some or all of the following data, as available:
          (A) The United States share of world exports.
          (B) The current level of cotton export sales and cotton
        export shipments.
          (C) Other data determined by the Secretary to be relevant in
        establishing an accurate prevailing world market price for
        upland cotton (adjusted to United States quality and location).
      (3) Limitation on further adjustment
        The adjustment under paragraph (2) may not exceed the
      difference between - 
          (A) the Friday through Thursday average price for the lowest-
        priced United States growth as quoted for Middling 1 3/32 -
        inch cotton delivered C.I.F. Northern Europe; and
          (B) the Northern Europe price.
    (f) Repayment rates for confectionery and other kinds of sunflower
      seeds
      The Secretary shall permit the producers on a farm to repay a
    marketing assistance loan under section 7931 of this title for
    confectionery and each other kind of sunflower seed (other than oil
    sunflower seed) at a rate that is the lesser of - 
        (1) the loan rate established for the commodity under section
      7932 of this title, plus interest (determined in accordance with
      section 7283 of this title); or
        (2) the repayment rate established for oil sunflower seed.
    (g) Quality grades for dry peas, lentils, and small chickpeas
      The loan repayment rate for dry peas, lentils, and small
    chickpeas shall be based on the quality grades for the applicable
    commodity specified in section 7932(d) of this title.
    (h) Good faith exception to beneficial interest requirement
      For the 2001 crop year only, in the case of the producers on a
    farm that marketed or otherwise lost beneficial interest in a loan
    commodity for which a marketing assistance loan was made under
    section 7231 of this title before repaying the loan, the Secretary
    shall permit the producers to repay the loan at the appropriate
    repayment rate that was in effect for the loan commodity under
    section 7234 of this title on the date that the producers lost
    beneficial interest, as determined by the Secretary, if the
    Secretary determines the producers acted in good faith.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1204, May 13, 2002, 116 Stat. 156;
    Pub. L. 108-7, div. A, title VII, Sec. 763(c), Feb. 20, 2003, 117
    Stat. 47.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-7, Sec. 763(c)(1), substituted
    "extra long staple cotton, and confectionery and each other kind of
    sunflower seed (other than oil sunflower seed)" for "and extra long
    staple cotton".
      Subsecs. (f) to (h). Pub. L. 108-7, Sec. 763(c)(2), (3), added
    subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-7 applicable beginning with the 2003
    crop of other oilseeds, dry peas, lentils, and small chickpeas, see
    section 763(d) of Pub. L. 108-7, set out as a note under section
    7901 of this title.

-End-



-CITE-
    7 USC Sec. 7935                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7935. Loan deficiency payments

-STATUTE-
    (a) Availability of loan deficiency payments
      (1) In general
        Except as provided in subsection (d) of this section, the
      Secretary may make loan deficiency payments available to
      producers on a farm that, although eligible to obtain a marketing
      assistance loan under section 7931 of this title with respect to
      a loan commodity, agree to forgo obtaining the loan for the
      commodity in return for loan deficiency payments under this
      section.
      (2) Unshorn pelts, hay, and silage
        Nongraded wool in the form of unshorn pelts and hay and silage
      derived from a loan commodity are not eligible for a marketing
      assistance loan under section 7931 of this title. However,
      effective for the 2002 through 2007 crop years, the Secretary may
      make loan deficiency payments available under this section to
      producers on a farm that produce unshorn pelts or hay and silage
      derived from a loan commodity.
    (b) Computation
      A loan deficiency payment for a loan commodity or commodity
    referred to in subsection (a)(2) of this section shall be computed
    by multiplying - 
        (1) the payment rate determined under subsection (c) of this
      section for the commodity; by
        (2) the quantity of the commodity produced by the eligible
      producers, excluding any quantity for which the producers obtain
      a marketing assistance loan under section 7931 of this title.
    (c) Payment rate
      (1) In general
        In the case of a loan commodity, the payment rate shall be the
      amount by which - 
          (A) the loan rate established under section 7932 of this
        title for the loan commodity; exceeds
          (B) the rate at which a marketing assistance loan for the
        loan commodity may be repaid under section 7934 of this title.
      (2) Unshorn pelts
        In the case of unshorn pelts, the payment rate shall be the
      amount by which - 
          (A) the loan rate established under section 7932 of this
        title for ungraded wool; exceeds
          (B) the rate at which a marketing assistance loan for
        ungraded wool may be repaid under section 7934 of this title.
      (3) Hay and silage
        In the case of hay or silage derived from a loan commodity, the
      payment rate shall be the amount by which - 
          (A) the loan rate established under section 7932 of this
        title for the loan commodity from which the hay or silage is
        derived; exceeds
          (B) the rate at which a marketing assistance loan for the
        loan commodity may be repaid under section 7934 of this title.
    (d) Exception for extra long staple cotton
      This section shall not apply with respect to extra long staple
    cotton.
    (e) Effective date for payment rate determination
      The Secretary shall determine the amount of the loan deficiency
    payment to be made under this section to the producers on a farm
    with respect to a quantity of a loan commodity or commodity
    referred to in subsection (a)(2) of this section using the payment
    rate in effect under subsection (c) of this section as of the date
    the producers request the payment.
    (f) Special loan deficiency payment rules
      (1) First-time loan commodities
        For the 2002 crop of wool, mohair, honey, dry peas, lentils and
      small chickpeas, in the case of producers of such a crop that
      would be eligible for a loan deficiency payment under this
      section except for the fact that the producers lost beneficial
      interest in the crop prior to the date of publication of the
      regulations implementing this section, the producers shall be
      eligible for a loan deficiency payment as of the date producers
      marketed or otherwise lost beneficial interest in the crop, as
      determined by the Secretary.
      (2) Omitted

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1205, May 13, 2002, 116 Stat. 158.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 1205 of Pub. L. 107-171. Subsec.
    (f)(2) of section 1205 of Pub. L. 107-171 amended section 7235 of
    this title.

-End-



-CITE-
    7 USC Sec. 7936                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7936. Payments in lieu of loan deficiency payments for grazed
      acreage

-STATUTE-
    (a) Eligible producers
      (1) In general
        Effective for the 2002 through 2007 crop years, in the case of
      a producer that would be eligible for a loan deficiency payment
      under section 7935 of this title 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.
      (2) Grazing of triticale acreage
        Effective for the 2002 through 2007 crop years, with respect to
      a producer on a farm that uses acreage planted to triticale 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
      triticale on that acreage.
    (b) Payment amount
      (1) In general
        The amount of a payment made under this section to a producer
      on a farm described in subsection (a)(1) of this section shall be
      equal to the amount determined by multiplying - 
          (A) the loan deficiency payment rate determined under section
        7935(c) of this title in effect, as of the date of the
        agreement, for the county in which the farm is located; by
          (B) the payment quantity determined by multiplying - 
            (i) 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
            (ii) the payment yield in effect for the calculation of
          direct payments under subchapter I of this chapter with
          respect to that loan commodity on the farm or, in the case of
          a farm without a payment yield for that loan commodity, an
          appropriate yield established by the Secretary in a manner
          consistent with section 7912(c) of this title.
      (2) Grazing of triticale acreage
        The amount of a payment made under this section to a producer
      on a farm described in subsection (a)(2) of this section shall be
      equal to the amount determined by multiplying - 
          (A) the loan deficiency payment rate determined under section
        7935(c) of this title in effect for wheat, as of the date of
        the agreement, for the county in which the farm is located; by
          (B) the payment quantity determined by multiplying - 
            (i) the quantity of the grazed acreage on the farm with
          respect to which the producer elects to forgo harvesting of
          triticale; and
            (ii) the payment yield in effect for the calculation of
          direct payments under subchapter I of this chapter with
          respect to wheat on the farm or, in the case of a farm
          without a payment yield for wheat, an appropriate yield
          established by the Secretary in a manner consistent with
          section 7912(c) of this title.
    (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 7935 of this title.
      (2) Availability
        The Secretary shall establish an availability period for the
      payments authorized by this section. In the case of wheat,
      barley, and oats, the availability period shall be consistent
      with the availability period for the commodity established by the
      Secretary for marketing assistance loans authorized by this
      subchapter.
    (d) Prohibition on crop insurance indemnity or noninsured crop
      assistance
      A 2002 through 2007 crop of wheat, barley, oats, or triticale
    planted on acreage that a producer elects, in the agreement
    required by subsection (a) of this section, to use for the grazing
    of livestock in lieu of any other harvesting of the crop shall not
    be eligible for an indemnity under the Federal Crop Insurance Act
    (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section
    7333 of this title.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1206, May 13, 2002, 116 Stat. 159.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (c)(2), was in the
    original "this subtitle", meaning subtitle B (Secs. 1201-1209) of
    title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 155, which is
    classified principally to this subchapter. For complete
    classification of subtitle B to the Code, see Tables.
      The Federal Crop Insurance Act, referred to in subsec. (d), is
    title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended,
    which is classified generally to chapter 36 (Sec. 1501 et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 1501 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7937                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7937. Special marketing loan provisions for upland cotton

-STATUTE-
    (a) Repealed. Pub. L. 109-171, title I, Sec. 1103(a)(1), Feb. 8,
      2006, 120 Stat. 5
    (b) Special import quota
      (1) Establishment
        (A) In general
          The President shall carry out an import quota program during
        the period beginning on May 13, 2002, through July 31, 2008, as
        provided in this subsection.
        (B) Program requirements
          Except as provided in subparagraph (C), whenever the
        Secretary determines and announces that for any consecutive 4-
        week period, the Friday through Thursday average price
        quotation for the lowest-priced United States growth, as quoted
        for Middling (M) 1 3/32 -inch cotton, delivered C.I.F. Northern
        Europe exceeds the Northern Europe price by more than 1.25
        cents per pound, there shall immediately be in effect a special
        import quota.
        (C) Tight domestic supply
          During any month for which the Secretary estimates the season-
        ending United States upland cotton stocks-to-use ratio, as
        determined under subparagraph (D), to be below 16 percent, the
        Secretary, in making the determination under subparagraph (B),
        shall not adjust the Friday through Thursday average price
        quotation for the lowest-priced United States growth, as quoted
        for Middling (M) 1 3/32 -inch cotton, delivered C.I.F. Northern
        Europe.
        (D) Season-ending United States stocks-to-use ratio
          For the purposes of making estimates under subparagraph (C),
        the Secretary shall, on a monthly basis, estimate and report
        the season-ending United States upland cotton stocks-to-use
        ratio, excluding projected raw cotton imports but including the
        quantity of raw cotton that has been imported into the United
        States during the marketing year.
        (E) Delayed application of threshold
          Through July 31, 2006, the Secretary shall make the
        calculation under subparagraph (B) without regard to the 1.25
        cent threshold provided under that subparagraph.
      (2) Quantity
        The quota shall be equal to one week's consumption of upland
      cotton by domestic mills at the seasonally adjusted average rate
      of the most recent three months for which data are available.
      (3) Application
        The quota shall apply to upland cotton purchased not later than
      90 days after the date of the Secretary's announcement under
      paragraph (1) and entered into the United States not later than
      180 days after the date.
      (4) Overlap
        A special quota period may be established that overlaps any
      existing quota period if required by paragraph (1), except that a
      special quota period may not be established under this subsection
      if a quota period has been established under subsection (c) of
      this section.
      (5) Preferential tariff treatment
        The quantity under a special import quota shall be considered
      to be an in-quota quantity for purposes of - 
          (A) section 2703(d) of title 19;
          (B) section 3203 of title 19;
          (C) section 2463(d) of title 19; and
          (D) General Note 3(a)(iv) to the Harmonized Tariff Schedule.
      (6) Definition
        In this subsection, the term "special import quota" means a
      quantity of imports that is not subject to the over-quota tariff
      rate of a tariff-rate quota.
      (7) Limitation
        The quantity of cotton entered into the United States during
      any marketing year under the special import quota established
      under this subsection may not exceed the equivalent of 5 week's
      consumption of upland cotton by domestic mills at the seasonally
      adjusted average rate of the 3 months immediately preceding the
      first special import quota established in any marketing year.
    (c) Limited global import quota for upland cotton
      (1) In general
        The President shall carry out an import quota program that
      provides that whenever the Secretary determines and announces
      that the average price of the base quality of upland cotton, as
      determined by the Secretary, in the designated spot markets for a
      month exceeded 130 percent of the average price of such quality
      of cotton in the markets for the preceding 36 months,
      notwithstanding any other provision of law, there shall
      immediately be in effect a limited global import quota subject to
      the following conditions:
        (A) Quantity
          The quantity of the quota shall be equal to 21 days of
        domestic mill consumption of upland cotton at the seasonally
        adjusted average rate of the most recent 3 months for which
        data are available.
        (B) Quantity if prior quota
          If a quota has been established under this subsection during
        the preceding 12 months, the quantity of the quota next
        established under this subsection shall be the smaller of 21
        days of domestic mill consumption calculated under subparagraph
        (A) or the quantity required to increase the supply to 130
        percent of the demand.
        (C) Preferential tariff treatment
          The quantity under a limited global import quota shall be
        considered to be an in-quota quantity for purposes of - 
            (i) section 2703(d) of title 19;
            (ii) section 3203 of title 19;
            (iii) section 2463(d) of title 19; and
            (iv) General Note 3(a)(iv) to the Harmonized Tariff
          Schedule.
        (D) Definitions
          In this subsection:
          (i) Supply
            The term "supply" means, using the latest official data of
          the Bureau of the Census, the Department of Agriculture, and
          the Department of the Treasury - 
              (I) the carry-over of upland cotton at the beginning of
            the marketing year (adjusted to 480-pound bales) in which
            the quota is established;
              (II) production of the current crop; and
              (III) imports to the latest date available during the
            marketing year.
          (ii) Demand
            The term "demand" means - 
              (I) the average seasonally adjusted annual rate of
            domestic mill consumption during the most recent 3 months
            for which data are available; and
              (II) the larger of - 
                (aa) average exports of upland cotton during the
              preceding 6 marketing years; or
                (bb) cumulative exports of upland cotton plus
              outstanding export sales for the marketing year in which
              the quota is established.
          (iii) Limited global import quota
            The term "limited global import quota" means a quantity of
          imports that is not subject to the over-quota tariff rate of
          a tariff-rate quota.
        (E) Quota entry period
          When a quota is established under this subsection, cotton may
        be entered under the quota during the 90-day period beginning
        on the date the quota is established by the Secretary.
      (2) No overlap
        Notwithstanding paragraph (1), a quota period may not be
      established that overlaps an existing quota period or a special
      quota period established under subsection (b) of this section.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1207, May 13, 2002, 116 Stat. 161;
    Pub. L. 109-171, title I, Sec. 1103(a), Feb. 8, 2006, 120 Stat. 5.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule, referred to in subsecs. (b)(5)(D)
    and (c)(1)(C)(iv), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of Title
    19, Customs Duties.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-171, Sec. 1103(a)(1), struck out
    subsec. (a), which related to cotton user marketing certificates.
      Subsec. (b)(1)(B). Pub. L. 109-171, Sec. 1103(a)(2)(A), struck
    out ", adjusted for the value of any certificate issued under
    subsection (a) of this section," after "C.I.F. Northern Europe".
      Subsec. (b)(1)(C). Pub. L. 109-171, Sec. 1103(a)(2)(B), struck
    out ", for the value of any certificates issued under subsection
    (a) of this section" before period at end.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-171, title I, Sec. 1103(b), Feb. 8, 2006, 120 Stat.
    5, provided that: "The amendments made by this section [amending
    this section] take effect on August 1, 2006."

-End-



-CITE-
    7 USC Sec. 7938                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7938. Special competitive provisions for extra long staple
      cotton

-STATUTE-
    (a) Competitiveness program
      Notwithstanding any other provision of law, during the period
    beginning on May 13, 2002, through July 31, 2008, the Secretary
    shall carry out a program - 
        (1) to maintain and expand the domestic use of extra long
      staple cotton produced in the United States;
        (2) to increase exports of extra long staple cotton produced in
      the United States; and
        (3) to ensure that extra long staple cotton produced in the
      United States remains competitive in world markets.
    (b) Payments under program; trigger
      Under the program, the Secretary shall make payments available
    under this section whenever - 
        (1) for a consecutive 4-week period, the world market price for
      the lowest priced competing growth of extra long staple cotton
      (adjusted to United States quality and location and for other
      factors affecting the competitiveness of such cotton), as
      determined by the Secretary, is below the prevailing United
      States price for a competing growth of extra long staple cotton;
      and
        (2) the lowest priced competing growth of extra long staple
      cotton (adjusted to United States quality and location and for
      other factors affecting the competitiveness of such cotton), as
      determined by the Secretary, is less than 134 percent of the loan
      rate for extra long staple cotton.
    (c) Eligible recipients
      The Secretary shall make payments available under this section to
    domestic users of extra long staple cotton produced in the United
    States and exporters of extra long staple cotton produced in the
    United States that enter into an agreement with the Commodity
    Credit Corporation to participate in the program under this
    section.
    (d) Payment amount
      Payments under this section shall be based on the amount of the
    difference in the prices referred to in subsection (b)(1) of this
    section during the fourth week of the consecutive 4-week period
    multiplied by the amount of documented purchases by domestic users
    and sales for export by exporters made in the week following such a
    consecutive 4-week period.
    (e) Form of payment
      Payments under this section shall be made through the issuance of
    cash or marketing certificates, at the option of eligible
    recipients of the payments.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1208, May 13, 2002, 116 Stat. 164.)

-End-



-CITE-
    7 USC Sec. 7939                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER II - MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
                     PAYMENTS                  

-HEAD-
    Sec. 7939. Availability of recourse loans for high moisture feed
      grains and seed cotton

-STATUTE-
    (a) High moisture feed grains
      (1) Recourse loans available
        For each of the 2002 through 2007 crops of corn and grain
      sorghum, the Secretary shall make available recourse loans, as
      determined by the Secretary, to producers on a farm that - 
          (A) normally harvest all or a portion of their crop of corn
        or grain sorghum in a high moisture state;
          (B) present - 
            (i) certified scale tickets from an inspected, certified
          commercial scale, including a licensed warehouse, feedlot,
          feed mill, distillery, or other similar entity approved by
          the Secretary, pursuant to regulations issued by the
          Secretary; or
            (ii) field or other physical measurements of the standing
          or stored crop in regions of the United States, as determined
          by the Secretary, that do not have certified commercial
          scales from which certified scale tickets may be obtained
          within reasonable proximity of harvest operation;

          (C) certify that they were the owners of the feed grain at
        the time of delivery to, and that the quantity to be placed
        under loan under this subsection was in fact harvested on the
        farm and delivered to, a feedlot, feed mill, or commercial or
        on-farm high-moisture storage facility, or to a facility
        maintained by the users of corn and grain sorghum in a high
        moisture state; and
          (D) comply with deadlines established by the Secretary for
        harvesting the corn or grain sorghum and submit applications
        for loans under this subsection within deadlines established by
        the Secretary.
      (2) Eligibility of acquired feed grains
        A loan under this subsection shall be made on a quantity of
      corn or grain sorghum of the same crop acquired by the producer
      equivalent to a quantity determined by multiplying - 
          (A) the acreage of the corn or grain sorghum in a high
        moisture state harvested on the producer's farm; by
          (B) the lower of the farm program payment yield used to make
        counter-cyclical payments under subchapter I of this chapter or
        the actual yield on a field, as determined by the Secretary,
        that is similar to the field from which the corn or grain
        sorghum was obtained.
      (3) High moisture state defined
        In this subsection, the term "high moisture state" means corn
      or grain sorghum having a moisture content in excess of Commodity
      Credit Corporation standards for marketing assistance loans made
      by the Secretary under section 7931 of this title.
    (b) Recourse loans available for seed cotton
      For each of the 2002 through 2007 crops of upland cotton and
    extra long staple cotton, the Secretary shall make available
    recourse seed cotton loans, as determined by the Secretary, on any
    production.
    (c) Repayment rates
      Repayment of a recourse loan made under this section shall be at
    the loan rate established for the commodity by the Secretary, plus
    interest (determined in accordance with section 7283 of this
    title).
    (d) Termination of superseded loan authority
      Notwithstanding section 7237 of this title, recourse loans shall
    not be made for the 2002 crop of corn, grain sorghum, and seed
    cotton under such section.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1209, May 13, 2002, 116 Stat. 165.)

-End-


-CITE-
    7 USC SUBCHAPTER III - PEANUTS                              01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
                         SUBCHAPTER III - PEANUTS                     

-End-



-CITE-
    7 USC Sec. 7951                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7951. Definitions

-STATUTE-
      In this subchapter:
      (1) Base acres for peanuts
        The term "base acres for peanuts" means the number of acres
      assigned to a farm by historic peanut producers pursuant to
      section 7952(b) of this title.
      (2) Counter-cyclical payment
        The term "counter-cyclical payment" means a payment made under
      section 7954 of this title.
      (3) Effective price
        The term "effective price" means the price calculated by the
      Secretary under section 7954 of this title for peanuts to
      determine whether counter-cyclical payments are required to be
      made under that section for a crop year.
      (4) Direct payment
        The term "direct payment" means a payment made under section
      7953 of this title.
      (5) Historic peanut producer
        The term "historic peanut producer" means a producer on a farm
      in the United States that produced or was prevented from planting
      peanuts during any or all of the 1998 through 2001 crop years.
      (6) Payment acres
        The term "payment acres" means - 
          (A) for the 2002 crop of peanuts, 85 percent of the average
        acreage determined under section 7952(a)(2) of this title for
        an historic peanut producer; and
          (B) for the 2003 through 2007 crops of peanuts, 85 percent of
        the base acres for peanuts assigned to a farm under section
        7952(b) of this title.
      (7) Payment yield
        The term "payment yield" means the yield assigned to a farm by
      historic peanut producers pursuant to section 7952(b) of this
      title.
      (8) Producer
        The term "producer" means an owner, operator, landlord, tenant,
      or sharecropper that shares in the risk of producing a crop on a
      farm and is entitled to share in the crop available for marketing
      from the farm, or would have shared had the crop been produced.
      In determining whether a grower of hybrid seed is a producer, the
      Secretary shall not take into consideration the existence of a
      hybrid seed contract and shall ensure that program requirements
      do not adversely affect the ability of the grower to receive a
      payment under this subchapter.
      (9) Secretary
        The term "Secretary" means the Secretary of Agriculture.
      (10) State
        The term "State" means each of the several States of the United
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, and any other territory or possession of the United States.
      (11) Target price
        The term "target price" means the price per ton of peanuts used
      to determine the payment rate for counter-cyclical payments.
      (12) United States
        The term "United States", when used in a geographical sense,
      means all of the States.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1301, May 13, 2002, 116 Stat. 166.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle C (Secs. 1301-1310) of title I of Pub.
    L. 107-171, May 13, 2002, 116 Stat. 166, which enacted this
    subchapter, amended sections 1361, 1371, 1373, 1378, 1428, and 1441
    of this title, and repealed sections 1357 to 1359a and 7271 of this
    title. For complete classification of subtitle C to the Code, see
    Tables.

-End-



-CITE-
    7 USC Sec. 7952                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7952. Establishment of payment yield and base acres for
      peanuts for a farm

-STATUTE-
    (a) Average yield and acreage average for historic peanut producers
      (1) Determination of average yield
        (A) In general
          The Secretary shall determine, for each historic peanut
        producer, the average yield for peanuts on each farm on which
        the historic peanut producer planted peanuts for harvest for
        the 1998 through 2001 crop years, excluding any crop year in
        which the producer did not plant or was prevented from planting
        peanuts.
        (B) Assigned yields
          For the purposes of determining the 4-year average yield for
        an historic peanut producer under this paragraph, the historic
        peanut producer may elect to substitute for a farm, for not
        more than 3 of the 1998 through 2001 crop years in which the
        producer planted peanuts on the farm, the average yield for
        peanuts produced in the county in which the farm is located for
        the 1990 through 1997 crop years.
      (2) Determination of acreage average
        (A) In general
          The Secretary shall determine, for each historic peanut
        producer, the 4-year average of the following:
            (i) Acreage planted to peanuts on each farm on which the
          historic peanut producer planted peanuts for harvest for the
          1998 through 2001 crop years.
            (ii) Any acreage on each farm that the historic peanut
          producer was prevented from planting to peanuts during the
          1998 through 2001 crop years because of drought, flood, or
          other natural disaster, or other condition beyond the control
          of the historic peanut producer, as determined by the
          Secretary.
        (B) Inclusion of all 4 years in average
          For the purposes of determining the 4-year acreage average
        for an historic peanut producer under this paragraph, the
        Secretary shall not exclude any crop year in which the producer
        did not plant peanuts.
        (C) Proportional shares
          If more than 1 historic peanut producer shared in the risk of
        producing the crop on a farm, the historic peanut producers
        shall receive their proportional share of the number of acres
        planted (or prevented from being planted) to peanuts for
        harvest on the farm based on the sharing arrangement that was
        in effect among the producers for the crop.
      (3) Time for determinations
        The Secretary shall make the determinations required by this
      subsection as soon as practicable after May 13, 2002.
      (4) Special considerations
        In making the determinations required by this subsection, the
      Secretary shall take into account changes in the number,
      identity, or interest of producers sharing in the risk of
      producing a peanut crop since the 1998 crop year, including
      providing a method for the assignment of average acres and
      average yield to a farm - 
          (A) when an historic peanut producer is no longer living;
          (B) when an entity composed of historic peanut producers has
        been dissolved; or
          (C) in other appropriate situations, as determined by the
        Secretary.
    (b) Assignment of average yields and average acreage to farms
      (1) Assignment by historic peanut producers
        The Secretary shall give each historic peanut producer an
      opportunity to assign the average peanut yield and average
      acreage determined under subsection (a) of this section for each
      farm of the historic peanut producer to cropland on that farm or
      another farm in the same State or a contiguous State.
      (2) Limitation on acreage assignment
        Notwithstanding paragraph (1), the average acreage determined
      under subsection (a)(2) of this section for a farm may not be
      assigned to a farm in a contiguous State unless - 
          (A) the historic peanut producer making the assignment
        produced peanuts in that State during at least 1 of the 1998
        through 2001 crop years; or
          (B) as of March 31, 2003, the historic peanut producer is a
        producer on a farm in that State.
      (3) Notice of assignment opportunity
        The Secretary shall provide notice to historic peanut producers
      regarding their opportunity to assign average peanut yields and
      average acreages to farms under paragraph (1). The notice shall
      include the following:
          (A) Notice that the opportunity to make the assignments is
        being provided only once.
          (B) A description of the limitation in paragraph (2) on their
        ability to make the assignments.
          (C) Information regarding the manner in which the assignments
        must be made and the time periods and manner in which notice of
        the assignments must be submitted to the Secretary.
      (4) Assignment deadlines
        Not later than March 31, 2003, an historic peanut producer
      shall submit to the Secretary notice of the assignments made by
      the producer under this subsection. If an historic peanut
      producer fails to submit the notice by that date, the notice
      shall be submitted in such other manner as the Secretary may
      prescribe.
    (c) Payment yield
      The average of all of the yields assigned by historic peanut
    producers under subsection (b) of this section to a farm shall be
    considered to be the payment yield for that farm for the purpose of
    making direct payments and counter-cyclical payments under this
    subchapter.
    (d) Base acres for peanuts
      Subject to subsection (e) of this section, the total number of
    acres assigned by historic peanut producers under subsection (b) of
    this section to a farm shall be considered to be the farm's base
    acres for peanuts for the purpose of making direct payments and
    counter-cyclical payments under this subchapter.
    (e) Treatment of conservation reserve contract acreage
      (1) In general
        The Secretary shall provide for an adjustment, as appropriate,
      in the base acres for peanuts for a farm whenever either of the
      following circumstances occur:
          (A) A conservation reserve contract entered into under
        section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831)
        with respect to the farm expires or is voluntarily terminated.
          (B) Cropland is released from coverage under a conservation
        reserve contract by the Secretary.
      (2) Special payment rules
        For the crop year in which a base acres for peanuts adjustment
      under paragraph (1) is first made, the owner of the farm shall
      elect to receive either direct payments and counter-cyclical
      payments with respect to the acreage added to the farm under this
      subsection or a prorated payment under the conservation reserve
      contract, but not both.
    (f) Prevention of excess base acres for peanuts
      (1) Required reduction
        If the sum of the base acres for peanuts for a farm, together
      with the acreage described in paragraph (2), exceeds the actual
      cropland acreage of the farm, the Secretary shall reduce the base
      acres for peanuts for the farm or the base acres for 1 or more
      covered commodities under subchapter I of this chapter for the
      farm so that the sum of the base acres for peanuts and acreage
      described in paragraph (2) does not exceed the actual cropland
      acreage of the farm.
      (2) Other acreage
        For purposes of paragraph (1), the Secretary shall include the
      following:
          (A) Any base acres for the farm under subchapter I of this
        chapter.
          (B) Any acreage on the farm enrolled in the conservation
        reserve program or wetlands reserve program under chapter 1 of
        subtitle D of title XII of the Food Security Act of 1985 (16
        U.S.C. 3830 et seq.).
          (C) Any other acreage on the farm enrolled in a conservation
        program for which payments are made in exchange for not
        producing an agricultural commodity on the acreage.
      (3) Selection of acres
        The Secretary shall give the owner of the farm the opportunity
      to select the base acres for peanuts or the subchapter I base
      acres against which the reduction required by paragraph (1) will
      be made.
      (4) Exception for double-cropped acreage
        In applying paragraph (1), the Secretary shall make an
      exception in the case of double cropping, as determined by the
      Secretary.
      (5) Coordinated application of requirements
        The Secretary shall take into account section 7911(g) of this
      title when applying the requirements of this subsection.
    (g) Permanent reduction in base acres for peanuts
      The owner of a farm may reduce, at any time, the base acres for
    peanuts assigned to the farm. The reduction shall be permanent and
    made in the manner prescribed by the Secretary.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1302, May 13, 2002, 116 Stat. 167.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (c) and (d), was in the
    original "this subtitle", meaning subtitle C (Secs. 1301-1310) of
    Pub. L. 107-171, title I, May 13, 2002, 116 Stat. 166, which is
    classified principally to this subchapter. For complete
    classification of subtitle C to the Code, see References in Text
    note set out under section 7951 of this title and Tables.
      The Food Security Act of 1985, referred to in subsec. (f)(2)(B),
    is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Chapter 1 of subtitle D of title XII of the Act is classified
    generally to part I (Sec. 3830 et seq.) of subchapter IV of chapter
    58 of Title 16, Conservation. For complete classification of this
    Act to the Code, see Short Title of 1985 Amendment note set out
    under section 1281 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7953                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7953. Availability of direct payments for peanuts

-STATUTE-
    (a) Payment required
      (1) 2002 crop year
        For the 2002 crop year, the Secretary shall make direct
      payments under this section to historic peanut producers.
      (2) Subsequent crop years
        For each of the 2003 through 2007 crop years for peanuts, the
      Secretary shall make direct payments to the producers on a farm
      to which a payment yield and base acres for peanuts are assigned
      under section 7952 of this title.
    (b) Payment rate
      The payment rate used to make direct payments with respect to
    peanuts for a crop year shall be equal to $36 per ton.
    (c) Payment amount for 2002 crop year
      The amount of the direct payment to be paid to an historic peanut
    producer for the 2002 crop of peanuts shall be equal to the product
    of the following:
        (1) The payment rate specified in subsection (b) of this
      section.
        (2) The payment acres of the historic peanut producer.
        (3) The average peanut yield determined under section
      7952(a)(1) of this title for the historic peanut producer.
    (d) Payment amount for subsequent crop years
      The amount of the direct payment to be paid to the producers on a
    farm for the 2003 through 2007 crops of peanuts shall be equal to
    the product of the following:
        (1) The payment rate specified in subsection (b) of this
      section.
        (2) The payment acres on the farm.
        (3) The payment yield for the farm.
    (e) Time for payment
      (1) In general
        The Secretary shall make direct payments - 
          (A) in the case of the 2002 crop year, as soon as practicable
        after May 13, 2002; and
          (B) in the case of each of the 2003 through 2007 crop years,
        not later than September 30 of the calendar year in which the
        crop is harvested.
      (2) Advance payments
        At the option of the producers on a farm, up to 50 percent of
      the direct payment for any of the 2003 through 2005 crop years,
      up to 40 percent of the direct payment for the 2006 crop year,
      and up to 22 percent of the direct payment for the 2007 crop
      year, shall be paid to the producers in advance. The producers
      shall select the month within which the advance payment for a
      crop year will be made. The month selected may be any month
      during the period beginning on December 1 of the calendar year
      before the calendar year in which the crop is harvested through
      the month within which the direct payment would otherwise be
      made. The producers may change the selected month for a
      subsequent advance payment by providing advance notice to the
      Secretary.
      (3) Repayment of advance payments
        If a producer on a farm that receives an advance direct payment
      for a crop year ceases to be a producer on that farm, or the
      extent to which the producer shares in the risk of producing a
      crop changes, before the date the remainder of the direct payment
      is made, the producer shall be responsible for repaying the
      Secretary the applicable amount of the advance payment, as
      determined by the Secretary.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1303, May 13, 2002, 116 Stat. 170;
    Pub. L. 109-171, title I, Sec. 1102(b), Feb. 8, 2006, 120 Stat. 5.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e)(2). Pub. L. 109-171 substituted "2005 crop
    years, up to 40 percent of the direct payment for the 2006 crop
    year, and up to 22 percent of the direct payment for the 2007 crop
    year," for "2007 crop years".

-End-



-CITE-
    7 USC Sec. 7954                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7954. Availability of counter-cyclical payments for peanuts

-STATUTE-
    (a) Payment required
      (1) In general
        During the 2002 through 2007 crop years for peanuts, the
      Secretary shall make counter-cyclical payments under this section
      with respect to peanuts if the Secretary determines that the
      effective price for peanuts is less than the target price for
      peanuts.
      (2) 2002 crop year
        If counter-cyclical payments are required for the 2002 crop
      year, the Secretary shall make the payments to historic peanut
      producers.
      (3) Subsequent crop years
        If counter-cyclical payments are required for any of the 2003
      through 2007 crop years for peanuts, the Secretary shall make the
      payments to the producers on a farm to which a payment yield and
      base acres for peanuts are assigned under section 7952 of this
      title.
    (b) Effective price
      For purposes of subsection (a) of this section, the effective
    price for peanuts is equal to the sum of the following:
        (1) The higher of the following:
          (A) The national average market price for peanuts received by
        producers during the 12-month marketing year for peanuts, as
        determined by the Secretary.
          (B) The national average loan rate for a marketing assistance
        loan for peanuts in effect for the applicable period under this
        subchapter.

        (2) The payment rate in effect under section 7953 of this title
      for the purpose of making direct payments.
    (c) Target price
      For purposes of subsection (a) of this section, the target price
    for peanuts shall be equal to $495 per ton.
    (d) Payment rate
      The payment rate used to make counter-cyclical payments for a
    crop year shall be equal to the difference between - 
        (1) the target price; and
        (2) the effective price determined under subsection (b) of this
      section.
    (e) Payment amount for 2002 crop year
      If counter-cyclical payments are required to be paid for the 2002
    crop of peanuts, the amount of the counter-cyclical payment to be
    paid to an historic peanut producer for that crop year shall be
    equal to the product of the following:
        (1) The payment rate specified in subsection (d) of this
      section.
        (2) The payment acres of the historic peanut producer.
        (3) The average peanut yield determined under section
      7952(a)(1) of this title for the historic peanut producer.
    (f) Payment amount for subsequent crop years
      If counter-cyclical payments are required to be paid for any of
    the 2003 through 2007 crops of peanuts, the amount of the counter-
    cyclical payment to be paid to the producers on a farm for that
    crop year shall be equal to the product of the following:
        (1) The payment rate specified in subsection (d) of this
      section.
        (2) The payment acres on the farm.
        (3) The payment yield for the farm.
    (g) Time for payments
      (1) General rule
        If the Secretary determines under subsection (a) of this
      section that counter-cyclical payments are required to be made
      under this section for a crop year, the Secretary shall make the
      counter-cyclical payments as soon as practicable after the end of
      the 12-month marketing year for the crop.
      (2) Availability of partial payments
        If, before the end of the 12-month marketing year, the
      Secretary estimates that counter-cyclical payments will be
      required under this section for a crop year, the Secretary shall
      give producers on a farm (or, in the case of the 2002 crop year,
      historic peanut producers) the option to receive partial payments
      of the counter-cyclical payment projected to be made for that
      crop.
      (3) Time for partial payments
        (A) 2002 through 2006 crop years
          When the Secretary makes partial payments available under
        paragraph (2) for any of the 2002 through 2006 crop years - 
            (i) the first partial payment for the crop year shall be
          made not earlier than October 1, and, to the maximum extent
          practicable, not later than October 31, of the calendar year
          in which the crop is harvested;
            (ii) the second partial payment shall be made not earlier
          than February 1 of the next calendar year; and
            (iii) the final partial payment shall be made as soon as
          practicable after the end of the 12-month marketing year for
          that crop.
        (B) 2007 crop year
          When the Secretary makes partial payments available for the
        2007 crop year - 
            (i) the first partial payment shall be made after
          completion of the first 6 months of the marketing year for
          that crop; and
            (ii) the final partial payment shall be made as soon as
          practicable after the end of the 12-month marketing year for
          that crop.
      (4) Amount of partial payments
        (A) 2002 crop year
          (i) First partial payment
            In the case of the 2002 crop year, the first partial
          payment under paragraph (3) to an historic peanut producer
          may not exceed 35 percent of the projected counter-cyclical
          payment for the crop year, as determined by the Secretary.
          (ii) Second partial payment
            The second partial payment may not exceed the difference
          between - 
              (I) 70 percent of the projected counter-cyclical payment
            (including any revision thereof) for the 2002 crop year;
            and
              (II) the amount of the payment made under clause (i).
          (iii) Final payment
            The final payment shall be equal to the difference between -
           
              (I) the actual counter-cyclical payment to be made to the
            historic peanut producer; and
              (II) the amount of the partial payments made to the
            historic peanut producer under clauses (i) and (ii).
        (B) 2003 through 2006 crop years
          (i) First partial payment
            For each of the 2003 through 2006 crop years, the first
          partial payment under paragraph (3) to the producers on a
          farm may not exceed 35 percent of the projected counter-
          cyclical payment for the crop year, as determined by the
          Secretary.
          (ii) Second partial payment
            The second partial payment for a crop year may not exceed
          the difference between - 
              (I) 70 percent of the projected counter-cyclical payment
            (including any revision thereof) for the crop year; and
              (II) the amount of the payment made under clause (i).
          (iii) Final payment
            The final payment for a crop year shall be equal to the
          difference between - 
              (I) the actual counter-cyclical payment to be made to the
            producers for that crop year; and
              (II) the amount of the partial payments made to the
            producers under clauses (i) and (ii) for that crop year.
        (C) 2007 crop year
          (i) First partial payment
            For the 2007 crop year, the first partial payment under
          paragraph (3) to the producers on a farm may not exceed 40
          percent of the projected counter-cyclical payment for the
          crop year, as determined by the Secretary.
          (ii) Final payment
            The final payment for the 2007 crop year shall be equal to
          the difference between - 
              (I) the actual counter-cyclical payment to be made to the
            producers for that crop year; and
              (II) the amount of the partial payment made to the
            producers under clause (i).
      (5) Repayment
        The producers on a farm (or, in the case of the 2002 crop year,
      historic peanut producers) that receive a partial payment under
      this subsection for a crop year shall repay to the Secretary the
      amount, if any, by which the total of the partial payments exceed
      the actual counter-cyclical payment to be made for that crop
      year.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1304, May 13, 2002, 116 Stat. 171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (b)(1)(B), was in the
    original "this subtitle", meaning subtitle C (Secs. 1301-1310) of
    Pub. L. 107-171, title I, May 13, 2002, 116 Stat. 166, which is
    classified principally to this subchapter. For complete
    classification of subtitle C to the Code, see References in Text
    note set out under section 7951 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7955                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7955. Producer agreement required as condition on provision of
      direct payments and counter-cyclical payments

-STATUTE-
    (a) Compliance with certain requirements
      (1) Requirements
        Before the producers on a farm may receive direct payments or
      counter-cyclical payments under this subchapter with respect to
      the farm, the producers shall agree, during the crop year for
      which the payments are made and in exchange for the payments - 
          (A) to comply with applicable conservation requirements under
        subtitle B of title XII of the Food Security Act of 1985 (16
        U.S.C. 3811 et seq.);
          (B) to comply with applicable wetland protection requirements
        under subtitle C of title XII of that Act (16 U.S.C. 3821 et
        seq.);
          (C) to comply with the planting flexibility requirements of
        section 7956 of this title;
          (D) to use the land on the farm, in a quantity equal to the
        attributable base acres for peanuts and any base acres for the
        farm under subchapter I of this chapter, for an agricultural or
        conserving use, and not for a nonagricultural commercial or
        industrial use, as determined by the Secretary; and
          (E) to effectively control noxious weeds and otherwise
        maintain the land in accordance with sound agricultural
        practices, as determined by the Secretary, if the agricultural
        or conserving use involves the noncultivation of any portion of
        the land referred to in subparagraph (D).
      (2) Compliance
        The Secretary may issue such rules as the Secretary considers
      necessary to ensure producer compliance with the requirements of
      paragraph (1).
      (3) Modification
        At the request of the transferee or owner, the Secretary may
      modify the requirements of this subsection if the modifications
      are consistent with the objectives of this subsection, as
      determined by the Secretary.
    (b) Transfer or change of interest in farm
      (1) Termination
        Except as provided in paragraph (2), a transfer of (or change
      in) the interest of the producers on a farm in the base acres for
      peanuts for which direct payments or counter-cyclical payments
      are made shall result in the termination of the payments with
      respect to those acres, unless the transferee or owner of the
      acreage agrees to assume all obligations under subsection (a) of
      this section. The termination shall take effect on the date
      determined by the Secretary.
      (2) Exception
        If a producer entitled to a direct payment or counter-cyclical
      payment dies, becomes incompetent, or is otherwise unable to
      receive the payment, the Secretary shall make the payment, in
      accordance with rules issued by the Secretary.
    (c) Acreage reports
      As a condition on the receipt of direct payments, counter-
    cyclical payments, marketing assistance loans, or loan deficiency
    payments under this subchapter, the Secretary shall require the
    producers on a farm to which a payment yield and base acres for
    peanuts are assigned under section 7952 of this title to submit to
    the Secretary annual acreage reports with respect to all cropland
    on the farm.
    (d) Tenants and sharecroppers
      In carrying out this subchapter, the Secretary shall provide
    adequate safeguards to protect the interests of tenants and
    sharecroppers.
    (e) Sharing of payments
      The Secretary shall provide for the sharing of direct payments
    and counter-cyclical payments among the producers on a farm on a
    fair and equitable basis.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1305, May 13, 2002, 116 Stat. 173.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsecs. (a)(1), (c), and (d),
    was in the original "this subtitle", meaning subtitle C (Secs. 1301-
    1310) of Pub. L. 107-171, title I, May 13, 2002, 116 Stat. 166,
    which is classified principally to this subchapter. For complete
    classification of subtitle C to the Code, see References in Text
    note set out under section 7951 of this title and Tables.
      The Food Security Act of 1985, referred to in subsec. (a)(1)(A),
    (B), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Subtitles B and C of title XII of the Act are classified generally
    to subchapters II (Sec. 3811 et seq.) and III (Sec. 3821 et seq.),
    respectively, of chapter 58 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title of 1985
    Amendment note set out under section 1281 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7956                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7956. Planting flexibility

-STATUTE-
    (a) Permitted crops
      Subject to subsection (b) of this section, any commodity or crop
    may be planted on the base acres for peanuts on a farm.
    (b) Limitations regarding certain commodities
      (1) General limitation
        The planting of an agricultural commodity specified in
      paragraph (2) shall be prohibited on base acres for peanuts
      unless the commodity, if planted, is destroyed before harvest.
      (2) Treatment of trees and other perennials
        The planting of an agricultural commodity specified in
      paragraph (3) that is produced on a tree or other perennial plant
      shall be prohibited on base acres for peanuts.
      (3) Covered agricultural commodities
        Paragraphs (1) and (2) apply to the following agricultural
      commodities:
          (A) Fruits.
          (B) Vegetables (other than lentils, mung beans, and dry
        peas).
          (C) Wild rice.
    (c) Exceptions
      Paragraphs (1) and (2) of subsection (b) of this section shall
    not limit the planting of an agricultural commodity specified in
    paragraph (3) of that subsection - 
        (1) in any region in which there is a history of double-
      cropping of peanuts with agricultural commodities specified in
      subsection (b)(3) of this section, as determined by the
      Secretary, in which case the double-cropping shall be permitted;
        (2) on a farm that the Secretary determines has a history of
      planting agricultural commodities specified in subsection (b)(3)
      of this section on the base acres for peanuts, except that direct
      payments and counter-cyclical payments shall be reduced by an
      acre for each acre planted to such an agricultural commodity; or
        (3) by the producers on a farm that the Secretary determines
      has an established planting history of a specific agricultural
      commodity specified in subsection (b)(3) of this section, except
      that - 
          (A) the quantity planted may not exceed the average annual
        planting history of such agricultural commodity by the
        producers on the farm in the 1991 through 1995 or 1998 through
        2001 crop years (excluding any crop year in which no plantings
        were made), as determined by the Secretary; and
          (B) direct payments and counter-cyclical payments shall be
        reduced by an acre for each acre planted to such agricultural
        commodity.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1306, May 13, 2002, 116 Stat. 174.)

-End-



-CITE-
    7 USC Sec. 7957                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7957. Marketing assistance loans and loan deficiency payments
      for peanuts

-STATUTE-
    (a) Nonrecourse loans available
      (1) Availability
        For each of the 2002 through 2007 crops of peanuts, the
      Secretary shall make available to producers on a farm nonrecourse
      marketing assistance loans for peanuts produced on the farm. The
      loans shall be made under terms and conditions that are
      prescribed by the Secretary and at the loan rate established
      under subsection (b) of this section.
      (2) Eligible production
        The producers on a farm shall be eligible for a marketing
      assistance loan under this subsection for any quantity of peanuts
      produced on the farm.
      (3) Treatment of certain commingled commodities
        In carrying out this subsection, the Secretary shall make loans
      to producers on a farm that would be eligible to obtain a
      marketing assistance loan, but for the fact the peanuts owned by
      the producers on the farm are commingled with other peanuts in
      facilities unlicensed for the storage of agricultural commodities
      by the Secretary or a State licensing authority, if the producers
      obtaining the loan agree to immediately redeem the loan
      collateral in accordance with section 7286 of this title.
      (4) Options for obtaining loan
        A marketing assistance loan under this subsection, and loan
      deficiency payments under subsection (e) of this section, may be
      obtained at the option of the producers on a farm through - 
          (A) a designated marketing association or marketing
        cooperative of producers that is approved by the Secretary; or
          (B) the Farm Service Agency.
      (5) Storage of loan peanuts
        As a condition on the Secretary's approval of an individual or
      entity to provide storage for peanuts for which a marketing
      assistance loan is made under this section, the individual or
      entity shall agree - 
          (A) to provide such storage on a nondiscriminatory basis; and
          (B) to comply with such additional requirements as the
        Secretary considers appropriate to accomplish the purposes of
        this section and promote fairness in the administration of the
        benefits of this section.
      (6) Payment of peanut storage costs
        Effective for the 2002 through 2006 crops of peanuts, to ensure
      proper storage of peanuts for which a loan is made under this
      section, the Secretary shall use the funds of the Commodity
      Credit Corporation to pay storage, handling, and other associated
      costs. This authority terminates beginning with the 2007 crop of
      peanuts.
      (7) Marketing
        A marketing association or cooperative may market peanuts for
      which a loan is made under this section in any manner that
      conforms to consumer needs, including the separation of peanuts
      by type and quality.
    (b) Loan rate
      The loan rate for a marketing assistance loan under for peanuts
    subsection (a) of this section shall be equal to $355 per ton.
    (c) Term of loan
      (1) In general
        A marketing assistance loan for peanuts under subsection (a) of
      this section shall have a term of 9 months beginning on the first
      day of the first month after the month in which the loan is made.
      (2) Extensions prohibited
        The Secretary may not extend the term of a marketing assistance
      loan for peanuts under subsection (a) of this section.
    (d) Repayment rate
      (1) In general
        The Secretary shall permit producers on a farm to repay a
      marketing assistance loan for peanuts under subsection (a) of
      this section at a rate that is the lesser of - 
          (A) the loan rate established for peanuts under subsection
        (b) of this section, plus interest (determined in accordance
        with section 7283 of this title); or
          (B) a rate that the Secretary determines will - 
            (i) minimize potential loan forfeitures;
            (ii) minimize the accumulation of stocks of peanuts by the
          Federal Government;
            (iii) minimize the cost incurred by the Federal Government
          in storing peanuts; and
            (iv) allow peanuts produced in the United States to be
          marketed freely and competitively, both domestically and
          internationally.
      (2) Good faith exception to beneficial interest requirement
        For the 2002 crop year only, in the case of the producers on a
      farm that marketed or otherwise lost beneficial interest in the
      peanuts for which a marketing assistance loan was made under this
      section before repaying the loan, the Secretary shall permit the
      producers to repay the loan at the applicable repayment rate that
      was in effect for peanuts under this subsection on the date that
      the producers lost beneficial interest, as determined by the
      Secretary, if the Secretary determines the producers acted in
      good faith.
    (e) Loan deficiency payments
      (1) Availability
        The Secretary may make loan deficiency payments available to
      producers on a farm that, although eligible to obtain a marketing
      assistance loan for peanuts under subsection (a) of this section,
      agree to forgo obtaining the loan for the peanuts in return for
      loan deficiency payments under this subsection.
      (2) Computation
        A loan deficiency payment under this subsection shall be
      computed by multiplying - 
          (A) the payment rate determined under paragraph (3) for
        peanuts; by
          (B) the quantity of the peanuts produced by the producers,
        excluding any quantity for which the producers obtain a
        marketing assistance loan under subsection (a) of this section.
      (3) Payment rate
        For purposes of this subsection, the payment rate shall be the
      amount by which - 
          (A) the loan rate established under subsection (b) of this
        section; exceeds
          (B) the rate at which a loan may be repaid under subsection
        (d) of this section.
      (4) Effective date for payment rate determination
        (A) In general
          The Secretary shall determine the amount of the loan
        deficiency payment to be made under this subsection to the
        producers on a farm with respect to a quantity of peanuts using
        the payment rate in effect under paragraph (3) as of the date
        the producers request the payment.
        (B) Special rule for 2002 crop year
          For the 2002 crop year only, the Secretary shall determine
        the amount of the loan deficiency payment to be made under this
        subsection to the producers on a farm with respect to a
        quantity of peanuts using the payment rate in effect under
        paragraph (3) as of the earlier of the following:
            (i) The date on which the producers marketed or otherwise
          lost beneficial interest in the crop, as determined by the
          Secretary.
            (ii) The date the producers request the payment.
    (f) Compliance with conservation and wetlands requirements
      As a condition of the receipt of a marketing assistance loan
    under subsection (a) of this section, the producer shall comply
    with applicable conservation requirements under subtitle B of title
    XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and
    applicable wetland protection requirements under subtitle C of
    title XII of that Act (16 U.S.C. 3821 et seq.) during the term of
    the loan.
    (g) Reimbursable agreements and payment of administrative expenses
      The Secretary may implement any reimbursable agreements or
    provide for the payment of administrative expenses under this
    subchapter only in a manner that is consistent with such activities
    in regard to other commodities.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1307, May 13, 2002, 116 Stat. 175.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Food Security Act of 1985, referred to in subsec. (f), is
    Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Subtitles
    B and C of title XII of the Act are classified generally to
    subchapters II (Sec. 3811 et seq.) and III (Sec. 3821 et seq.),
    respectively, of chapter 58 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title of 1985
    Amendment note set out under section 1281 of this title and Tables.
      This subchapter, referred to in subsec. (g), was in the original
    "this subtitle", meaning subtitle C (Secs. 1301-1310) of Pub. L.
    107-171, title I, May 13, 2002, 116 Stat. 166, which is classified
    principally to this subchapter. For complete classification of
    subtitle C to the Code, see References in Text note set out under
    section 7951 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7958                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7958. Miscellaneous provisions

-STATUTE-
    (a) Mandatory inspection
      All peanuts marketed in the United States shall be officially
    inspected and graded by Federal or Federal-State inspectors.
    (b) Termination of Peanut Administrative Committee
      The Peanut Administrative Committee established under Marketing
    Agreement No. 146 issued pursuant to the Agricultural Adjustment
    Act (7 U.S.C. 601 et seq.), reenacted with amendments by the
    Agricultural Marketing Agreement Act of 1937, is terminated.
    (c) Peanut Standards Board
      (1) Establishment and purpose
        The Secretary shall establish a Peanut Standards Board for the
      purpose of advising the Secretary regarding the establishment of
      quality and handling standards for domestically produced and
      imported peanuts.
      (2) Membership and appointment
        (A) Total members
          The Board shall consist of 18 members, with representation
        equally divided between peanut producers and peanut industry
        representatives.
        (B) Appointment process for producers
          The Secretary shall appoint - 
            (i) 3 producers from the Southeast (Alabama, Georgia, and
          Florida) peanut producing region;
            (ii) 3 producers from the Southwest (Texas, Oklahoma, and
          New Mexico) peanut producing region; and
            (iii) 3 producers from the Virginia/Carolina (Virginia and
          North Carolina) peanut producing region.
        (C) Appointment process for industry representatives
          The Secretary shall appoint 3 peanut industry representatives
        from each of the 3 peanut producing regions in the United
        States.
      (3) Terms
        (A) In general
          A member of the Board shall serve a 3-year term.
        (B) Initial appointment
          In making the initial appointments to the Board, the
        Secretary shall stagger the terms of the members so that - 
            (i) 1 producer member and peanut industry member from each
          peanut producing region serves a 1-year term;
            (ii) 1 producer member and peanut industry member from each
          peanut producing region serves a 2-year term; and
            (iii) 1 producer member and peanut industry member from
          each peanut producing region serves a 3-year term.
      (4) Consultation required
        The Secretary shall consult with the Board in advance whenever
      the Secretary establishes or changes, or considers the
      establishment of or a change to, quality and handling standards
      for peanuts.
      (5) Federal Advisory Committee Act
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not
      apply to the Board.
    (d) Priority
      The Secretary shall make identifying and combating the presence
    of all quality concerns related to peanuts a priority in the
    development of quality and handling standards for peanuts and in
    the inspection of domestically produced and imported peanuts. The
    Secretary shall consult with appropriate Federal and State agencies
    to provide adequate safeguards against all quality concerns related
    to peanuts.
    (e) Consistent standards
      Imported peanuts shall be subject to the same quality and
    handling standards as apply to domestically produced peanuts.
    (f) Authorization of appropriations
      (1) In general
        In addition to other funds that are available to carry out this
      section, there is authorized to be appropriated such sums as are
      necessary to carry out this section.
      (2) Treatment of Board expenses
        The expenses of the Peanut Standards Board shall not be counted
      toward any general limitation on the expenses of advisory
      committees, panels, commissions, and task forces of the
      Department of Agriculture, whether enacted before, on, or after
      May 13, 2002, unless the limitation specifically refers to this
      paragraph and specifically includes the Peanut Standards Board
      within the general limitation.
    (g) Transition rule
      (1) Temporary designation of Peanut Administrative Committee
        members
        Notwithstanding the appointment process specified in subsection
      (c) of this section for the Peanut Standards Board, during the
      transition period, the Secretary may designate persons serving as
      members of the Peanut Administrative Committee on the day before
      May 13, 2002, to serve as members of the Peanut Standards Board
      for the purpose of carrying out the duties of the Board described
      in this section.
      (2) Funds
        The Secretary may transfer any funds available to carry out the
      activities of the Peanut Administrative Committee to the Peanut
      Standards Board to carry out the duties of the Board described in
      this section.
      (3) Transition period
        In paragraph (1), the term "transition period" means the period
      beginning on May 13, 2002, and ending on the earlier of - 
          (A) the date the Secretary appoints the members of the Peanut
        Standards Board pursuant to subsection (c) of this section; or
          (B) 180 days after May 13, 2002.
    (h) Effective date
      This section shall take effect with the 2002 crop of peanuts.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1308, May 13, 2002, 116 Stat. 178.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act, as reenacted with amendments by
    the Agricultural Marketing Agreement Act of 1937, referred to in
    subsec. (b), is title I of act May 12, 1933, ch. 25, 48 Stat. 31,
    as amended, which is classified generally to chapter 26 (Sec. 601
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 601 of this
    title and Tables.
      The Federal Advisory Committee Act, referred to in subsec.
    (c)(5), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    7 USC Sec. 7959                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7959. Termination of marketing quota programs for peanuts and
      compensation to peanut quota holders for loss of quota asset
      value

-STATUTE-
    (a) Repeal of marketing quota
      (1) Omitted
      (2) Treatment of 2001 crop
        Part VI of subtitle B of title III of the Agricultural
      Adjustment Act of 1938 (7 U.S.C. 1357-1359a), as in effect on the
      day before May 13, 2002, shall continue to apply with respect to
      the 2001 crop of peanuts notwithstanding the amendment made by
      paragraph (1). Section 7958(g)(2) of this title shall also apply
      to the 2001 crop of peanuts.
    (b) Compensation contract required
      (1) In general
        The Secretary shall offer to enter into a contract with each
      person that the Secretary determines is an eligible peanut quota
      holder under subsection (f) of this section for the purpose of
      providing compensation for the lost value of the quota on account
      of the repeal of the marketing quota program for peanuts under
      subsection (a) of this section.
      (2) Payment period
        The Secretary shall make payments under the contracts during
      fiscal years 2002 through 2006.
    (c) Time for payment
      (1) Payment in installments
        The payments required under the contracts shall be provided in
      5 equal installments not later than September 30 of each of
      fiscal years 2002 through 2006.
      (2) Single payment
        At the request of an eligible peanut quota holder entitled to
      payments under a contract, the Secretary shall provide the entire
      payment amount determined under subsection (d) of this section
      with respect to the eligible peanut quota holder for the 5 fiscal
      years in a single lump sum during the fiscal year specified by
      the eligible peanut quota holder.
    (d) Payment amount
      The amount of the payment for a fiscal year to an eligible peanut
    quota holder under a contract shall be equal to the product
    obtained by multiplying - 
        (1) $0.11 per pound; by
        (2) the number of pounds of quota with respect to which the
      person qualifies as a peanut quota holder under subsection (f) of
      this section.
    (e) Assignment of payments
      The provisions of section 590h(g) of title 16, relating to
    assignment of payments, shall apply to the payments made under the
    contracts. A person making an assignment of the payment, or the
    assignee, shall provide the Secretary with notice, in such manner
    as the Secretary may require, of any assignment made under this
    subsection.
    (f) Eligible peanut quota holder
      (1) In general
        Except as otherwise provided in this subsection, the Secretary
      shall consider a person to be an eligible peanut quota holder for
      the purposes of this section if the person, as of May 13, 2002,
      owned a farm that, also as of that date, was eligible for a
      permanent peanut quota under section 358-1(b) of the Agricultural
      Adjustment Act of 1938 (7 U.S.C. 1358-1(b)), irrespective of
      temporary leases, transfers of quotas for seed, or quotas for
      experimental purposes.
      (2) Effect of purchase contract
        If there was a written contract for the purchase of all or a
      portion of a farm described in paragraph (1) as of May 13, 2002,
      and the parties to the sale are unable to agree to the
      disposition of eligibility for payments under this section, the
      Secretary, taking into account any incomplete permanent transfer
      of quota that has otherwise been agreed to, shall provide for the
      equitable division of the payments among the parties by adjusting
      the determination of who is the eligible peanut quota holder with
      respect to particular pounds of the quota.
      (3) Effect of agreement for permanent quota transfer
        If the Secretary determines that there was in existence, as of
      May 13, 2002, an agreement for the permanent transfer of quota,
      but that the transfer was not completed by that date, the
      Secretary shall consider the peanut quota holder to be the party
      to the agreement who, as of that date, was the owner of the farm
      to which the quota was to be transferred.
      (4) Protected bases
        A person that owns a farm with a peanut poundage quota which is
      protected under a conservation reserve program contract entered
      into under section 3831 of title 16 shall be considered to be an
      eligible quota holder with respect to the protected poundage.
      (5) Secretarial discretion
        Notwithstanding the preceding paragraphs, the Secretary may
      declare a person to be the eligible peanut quota holder with
      respect to certain pounds of quota or otherwise for purposes of
      this section if the Secretary considers the declaration is needed
      to insure a fair and equitable administration of the payments
      provided for in this section, so long as the Secretary does not,
      in exercising this authority, effectively increase the total
      quota in excess of the quota that was available to all producers
      for the 2001 crop year for other than seed or experimental use.
      (6) Limitation on quantity of quota held
        A person shall be considered an eligible peanut quota holder
      for purposes of this section only with respect to that number of
      permanent pounds that qualifies the person as a peanut quota
      holder under one of the preceding paragraphs. The determination
      of the peanut poundage amount for which the person qualifies
      shall be made based on the 2001 crop quota levels and shall take
      into account sales of the farm that occurred before May 13, 2002,
      and any permanent transfers of quota that took place before that
      date, consistent with the preceding paragraphs. The Secretary
      shall not take into account, or allow eligibility for, quotas for
      seed, granted as experimental quotas, or obtained by temporary
      lease or transfer.
    (g) Successions in payment eligibility and attachment of
      eligibility to persons
      (1) Eligibility attaches to persons
        Once a person is eligible for payments under this section, as
      determined under subsection (f) of this section, the continued
      eligibility of the person for the payments does not run with a
      farm, but shall remain with the person for the term of this
      section irrespective of whether the person sells, or continues to
      have an interest in, the farm that had the quota that qualified
      the person as an eligible peanut quota holder under subsection
      (f) of this section and irrespective of whether the person has a
      continuing interest in the production of peanuts.
      (2) Succession
        If a person eligible for payments under this section dies, in
      the case of an individual, or ceases to exist, in the case of
      other persons, the payment eligibility of the person shall pass
      to the person's personal or organizational successor, as
      determined by the Secretary.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1309, May 13, 2002, 116 Stat. 179.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act of 1938, referred to in subsecs.
    (a)(2) and (f)(1), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as
    amended. Part VI of subtitle B of title III of the Act was
    classified generally to subpart VI (Sec. 1357 et seq.) of part B of
    subchapter II of chapter 35 of this title prior to repeal by
    subsec. (a)(1) of this section. For complete classification of this
    Act to the Code, see section 1281 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 1309 of Pub. L. 107-171. Subsec.
    (a)(1) of section 1309 of Pub. L. 107-171 repealed sections 1357 to
    1359a of this title. Subsec. (h) of section 1309 amended sections
    1361, 1371, 1373, and 1378 of this title.

-End-



-CITE-
    7 USC Sec. 7960                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER III - PEANUTS

-HEAD-
    Sec. 7960. Repeal of superseded price support authority and effect
      of repeal

-STATUTE-
    (a) Omitted
    (b) Disposal
      Notwithstanding any other provision of law or previous
    declaration made by the Secretary, the Secretary shall ensure that
    the disposal of all peanuts for which a loan for the 2001 crop of
    peanuts was made under section 7271 of this title before May 13,
    2002, is carried out in a manner that prevents price disruptions in
    the domestic and international markets for peanuts.
    (c) Treatment of crop insurance policies for 2002 crop year
      (1) Applicability
        This subsection shall apply for the 2002 crop year only
      notwithstanding any other provision of law or crop insurance
      policy.
      (2) Price election
        The nonquota price election for segregation I, II, and III
      peanuts shall be 17.75 cents per pound and shall be used for all
      aspects of the policy relating to the calculations of premium,
      liability, and indemnities.
      (3) Quality adjustment
        For the purposes of quality adjustment only, the average
      support price per pound of peanuts shall be a price equal to
      17.75 cents per pound. Quality under the crop insurance policy
      for peanuts shall be adjusted under procedures issued by the
      Federal Crop Insurance Corporation.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1310, May 13, 2002, 116 Stat. 182.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 1310 of Pub. L. 107-171. Subsec.
    (a) of section 1310 of Pub. L. 107-171 amended sections 1428 and
    1441 of this title and repealed 7271 of this title.

-End-


-CITE-
    7 USC SUBCHAPTER IV - SUGAR                                 01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER IV - SUGAR

-HEAD-
                           SUBCHAPTER IV - SUGAR                       

-End-



-CITE-
    7 USC Sec. 7971                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER IV - SUGAR

-HEAD-
    Sec. 7971. Storage facility loans

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law and as soon as
    practicable after May 13, 2002, the Commodity Credit Corporation
    shall amend part 1436 of title 7, Code of Federal Regulations, to
    establish a sugar storage facility loan program to provide
    financing for processors of domestically-produced sugarcane and
    sugar beets to construct or upgrade storage and handling facilities
    for raw sugars and refined sugars.
    (b) Eligible processors
      A storage facility loan described in subsection (a) of this
    section shall be made available to any processor of domestically
    produced sugarcane or sugar beets that (as determined by the
    Secretary) - 
        (1) has a satisfactory credit history;
        (2) has a need for increased storage capacity, taking into
      account the effects of marketing allotments; and
        (3) demonstrates an ability to repay the loan.
    (c) Term of loans
      A storage facility loan described in subsection (a) of this
    section shall - 
        (1) have a minimum term of 7 years; and
        (2) be in such amounts and on such terms and conditions
      (including terms and conditions relating to downpayments,
      collateral, and eligible facilities) as are normal, customary,
      and appropriate for the size and commercial nature of the
      borrower.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1402, May 13, 2002, 116 Stat. 187.)

-End-


-CITE-
    7 USC SUBCHAPTER V - DAIRY                                  01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER V - DAIRY

-HEAD-
                           SUBCHAPTER V - DAIRY                       

-End-



-CITE-
    7 USC Sec. 7981                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER V - DAIRY

-HEAD-
    Sec. 7981. Milk price support program

-STATUTE-
    (a) Support activities
      During the period beginning on June 1, 2002, and ending on
    December 31, 2007, the Secretary of Agriculture shall support the
    price of milk produced in the 48 contiguous States through the
    purchase of cheese, butter, and nonfat dry milk produced from the
    milk.
    (b) Rate
      During the period specified in subsection (a) of this section,
    the price of milk shall be supported at a rate equal to $9.90 per
    hundredweight for milk containing 3.67 percent butterfat.
    (c) Purchase prices
      (1) Uniform prices
        The support purchase prices under this section for each of the
      products of milk (butter, cheese, and nonfat dry milk) announced
      by the Secretary shall be the same for all of that product sold
      by persons offering to sell the product to the Secretary.
      (2) Sufficient prices
        The purchase prices shall be sufficient to enable plants of
      average efficiency to pay producers, on average, a price that is
      not less than the rate of price support for milk in effect under
      subsection (b) of this section.
    (d) Special rule for butter and nonfat dry milk purchase prices
      (1) Allocation of purchase prices
        The Secretary may allocate the rate of price support between
      the purchase prices for nonfat dry milk and butter in a manner
      that will result in the lowest level of expenditures by the
      Commodity Credit Corporation or achieve such other objectives as
      the Secretary considers appropriate. Not later than 10 days after
      making or changing an allocation, the Secretary shall notify the
      Committee on Agriculture of the House of Representatives and the
      Committee on Agriculture, Nutrition, and Forestry of the Senate
      of the allocation. Section 553 of title 5 shall not apply with
      respect to the implementation of this section.
      (2) Timing of purchase price adjustments
        The Secretary may make any such adjustments in the purchase
      prices for nonfat dry milk and butter the Secretary considers to
      be necessary not more than twice in each calendar year.
    (e) Commodity Credit Corporation
      The Secretary shall carry out the program authorized by this
    section through the Commodity Credit Corporation.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1501, May 13, 2002, 116 Stat. 205.)

-End-



-CITE-
    7 USC Sec. 7982                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER V - DAIRY

-HEAD-
    Sec. 7982. National dairy market loss payments

-STATUTE-
    (a) Definitions
      In this section:
      (1) Class I milk
        The term "Class I milk" means milk (including milk components)
      classified as Class I milk under a Federal milk marketing order.
      (2) Eligible production
        The term "eligible production" means milk produced by a
      producer in a participating State.
      (3) Federal milk marketing order
        The term "Federal milk marketing order" means an order issued
      under section 608c of this title.
      (4) Participating State
        The term "participating State" means each State.
      (5) Producer
        The term "producer" means an individual or entity that directly
      or indirectly (as determined by the Secretary) - 
          (A) shares in the risk of producing milk; and
          (B) makes contributions (including land, labor, management,
        equipment, or capital) to the dairy farming operation of the
        individual or entity that are at least commensurate with the
        share of the individual or entity of the proceeds of the
        operation.
    (b) Payments
      The Secretary shall offer to enter into contracts with producers
    on a dairy farm located in a participating State under which the
    producers receive payments on eligible production.
    (c) Amount
      Payments to a producer under this section shall be calculated by
    multiplying (as determined by the Secretary) - 
        (1) the payment quantity for the producer during the applicable
      month established under subsection (d) of this section;
        (2) the amount equal to - 
          (A) $16.94 per hundredweight; less
          (B) the Class I milk price per hundredweight in Boston under
        the applicable Federal milk marketing order; by

        (3)(A) during the period beginning on the first day of the
      month the producers on a dairy farm enter into a contract under
      this section and ending on September 30, 2005, 45 percent;
        (B) during the period beginning on October 1, 2005, and ending
      on August 31, 2007, 34 percent; and
        (C) during the period beginning on September 1, 2007, 0
      percent.
    (d) Payment quantity
      (1) In general
        Subject to paragraph (2), the payment quantity for a producer
      during the applicable month under this section shall be equal to
      the quantity of eligible production marketed by the producer
      during the month.
      (2) Limitation
        The payment quantity for all producers on a single dairy
      operation during the months of the applicable fiscal year for
      which the producers receive payments under subsection (b) of this
      section shall not exceed 2,400,000 pounds. For purposes of
      determining whether producers are producers on separate dairy
      operations or a single dairy operation, the Secretary shall apply
      the same standards as were applied in implementing the dairy
      program under section 805 of the Agriculture, Rural Development,
      Food and Drug Administration, and Related Agencies Appropriations
      Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat.
      1549A-50).
      (3) Reconstitution
        The Secretary shall promulgate regulations to ensure that a
      producer does not reconstitute a dairy operation for the sole
      purpose of receiving additional payments under this section.
    (e) Payments
      A payment under a contract under this section shall be made on a
    monthly basis not later than 60 days after the last day of the
    month for which the payment is made.
    (f) Signup
      The Secretary shall offer to enter into contracts under this
    section during the period beginning on the date that is 60 days
    after May 13, 2002, and ending on September 30, 2007.
    (g) Duration of contract
      (1) In general
        Except as provided in paragraph (2), any contract entered into
      by producers on a dairy farm under this section shall cover
      eligible production marketed by the producers on the dairy farm
      during the period starting with the first day of month the
      producers on the dairy farm enter into the contract and ending on
      September 30, 2007.
      (2) Violations
        If a producer violates the contract, the Secretary may - 
          (A) terminate the contract and allow the producer to retain
        any payments received under the contract; or
          (B) allow the contract to remain in effect and require the
        producer to repay a portion of the payments received under the
        contract based on the severity of the violation.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1502, May 13, 2002, 116 Stat. 205;
    Pub. L. 109-171, title I, Sec. 1101, Feb. 8, 2006, 120 Stat. 4.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 805 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2001,
    referred to in subsec. (d)(2), is section 805 of Pub. L. 106-387,
    Sec. 1(a) [title VIII], Oct. 28, 2000, 114 Stat. 1549, 1549A-50,
    which is not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(3). Pub. L. 109-171, Sec. 1101(a), added par.
    (3) and struck out former par. (3) which read as follows: "45
    percent."
      Subsec. (f). Pub. L. 109-171, Sec. 1101(b), substituted "2007"
    for "2005".
      Subsec. (g)(1). Pub. L. 109-171, Sec. 1101(b), (c)(1), struck out
    "and subsection (h) of this section" after "paragraph (2)" and
    substituted "2007" for "2005".
      Subsec. (h). Pub. L. 109-171, Sec. 1101(c)(2), struck out subsec.
    (h), which related to transition rule.

-End-



-CITE-
    7 USC Sec. 7983                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER V - DAIRY

-HEAD-
    Sec. 7983. Study of national dairy policy

-STATUTE-
    (a) Study required
      The Secretary of Agriculture shall conduct a comprehensive
    economic evaluation of the potential direct and indirect effects of
    the various elements of the national dairy policy, including an
    examination of the effect of the national dairy policy on - 
        (1) farm price stability, farm profitability and viability, and
      local rural economies in the United States;
        (2) child, senior, and low-income nutrition programs, including
      impacts on schools and institutions participating in the
      programs, on program recipients, and other factors; and
        (3) the wholesale and retail cost of fluid milk, dairy farms,
      and milk utilization.
    (b) Report
      Not later than 1 year after May 13, 2002, the Secretary 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 describing the results of the study
    required by this section.
    (c) National dairy policy defined
      In this section, the term "national dairy policy" means the dairy
    policy of the United States as evidenced by the following policies
    and programs:
        (1) Federal milk marketing orders issued under section 608c of
      this title.
        (2) Interstate dairy compacts (including proposed compacts
      described in H.R. 1827 and S. 1157, as introduced in the 107th
      Congress).
        (3) Over-order premiums and State pricing programs.
        (4) Direct payments to milk producers.
        (5) Federal milk price support program established under
      section 7981 of this title.(!1)

        (6) Export programs regarding milk and dairy products, such as
      the dairy export incentive program established under section 713a-
      14 of title 15.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1507, May 13, 2002, 116 Stat. 210.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      H.R. 1827, referred to in subsec. (c)(2), which would have
    granted consent to the Northeast Interstate Dairy Compact, the
    Southern Dairy Compact, the Pacific Northwest Dairy Compact, and
    the Intermountain Dairy Compact, was not enacted into law during
    the 107th Congress.
      S. 1157, referred to in subsec. (c)(2), which would have granted
    consent to the Northeast Interstate Dairy Compact, the Southern
    Dairy Compact, the Pacific Northwest Dairy Compact, and the
    Intermountain Dairy Compact, was not enacted into law during the
    107th Congress.
      Section 7981 of this title, referred to in subsec. (c)(5), was in
    the original "section 1401", and was translated as reading "section
    1501", meaning section 1501 of Pub. L. 107-171 to reflect the
    probable intent of Congress, because section 1501 of Pub. L. 107-
    171 relates to Federal milk price support program. Section 1401 of
    Pub. L. 107-171 amended sections 7272 and 7283 of this title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    7 USC Sec. 7984                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER V - DAIRY

-HEAD-
    Sec. 7984. Studies of effects of changes in approach to national
      dairy policy and fluid milk identity standards

-STATUTE-
    (a) Federal dairy policy changes
      The Secretary of Agriculture shall conduct a study of the effects
    of - 
        (1) terminating all Federal programs relating to price support
      and supply management for milk; and
        (2) granting the consent of Congress to cooperative efforts by
      States to manage milk prices and supply.
    (b) Fluid milk identity standards
      The Secretary shall conduct a study of the effects of including
    in the standard of identity for fluid milk a required minimum
    protein content that is commensurate with the average nonfat solids
    content of bovine milk produced in the United States.
    (c) Reports
      Not later than 1 year after May 13, 2002, the Secretary 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 describing the results of the
    studies required by this section.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1508, May 13, 2002, 116 Stat. 211.)

-End-


-CITE-
    7 USC SUBCHAPTER VI - ADMINISTRATION                        01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
                      SUBCHAPTER VI - ADMINISTRATION                  

-End-



-CITE-
    7 USC Sec. 7991                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7991. Administration generally

-STATUTE-
    (a) Use of Commodity Credit Corporation
      The Secretary shall use the funds, facilities, and authorities of
    the Commodity Credit Corporation to carry out this chapter.
    (b) Determinations by Secretary
      A determination made by the Secretary under this chapter shall be
    final and conclusive.
    (c) Regulations
      (1) In general
        Not later than 90 days after May 13, 2002, the Secretary and
      the Commodity Credit Corporation, as appropriate, shall
      promulgate such regulations as are necessary to implement this
      chapter.
      (2) Procedure
        The promulgation of the regulations and administration of this
      chapter shall be made without regard to - 
          (A) chapter 35 of title 44 (commonly know (!1) as the
        "Paperwork Reduction Act");

          (B) 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
          (C) the notice and comment provisions of section 553 of title
        5.
      (3) Congressional review of agency rulemaking
        In carrying out this subsection, the Secretary shall use the
      authority provided under section 808 of title 5.
    (d) Treatment of advance payment option
      The protection that was afforded producers that had an option to
    elect to accelerate the receipt of any payment under a production
    flexibility contract payable under the Federal Agriculture
    Improvement and Reform Act of 1996, as provided by section 525 of
    Public (!2) 106-170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall
    also apply to the option to receive - 

        (1) the advance payment of direct payments and counter-cyclical
      payments under subchapter I and subchapter III of this chapter;
      and
        (2) the single payment of compensation for eligible peanut
      quota holders under section 7960 of this title.
    (e) Adjustment authority related to Uruguay Round compliance
      (1) Required determination; adjustment
        If the Secretary determines that expenditures under subchapters
      I through V of this chapter that are subject to the total
      allowable domestic support levels under the Uruguay Round
      Agreements (as defined in section 3501 of title 19), as in effect
      on May 13, 2002, will exceed such allowable levels for any
      applicable reporting period, the Secretary shall, to the maximum
      extent practicable, make adjustments in the amount of such
      expenditures during that period to ensure that such expenditures
      do not exceed such allowable levels.
      (2) Congressional notification
        Before making any adjustment under paragraph (1), the Secretary
      shall submit to the Committee on Agriculture, Nutrition, and
      Forestry of the Senate and the Committee on Agriculture of the
      House of Representatives a report describing the determination
      made under that paragraph and the extent of the adjustment to be
      made.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1601, May 13, 2002, 116 Stat. 211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of "this chapter", referred to in subsecs. (a) to
    (c), see References in Text note set out under section 7901 of this
    title.
      The Federal Agriculture Improvement and Reform Act of 1996,
    referred to in subsec. (d), is Pub. L. 104-127, Apr. 4, 1996, 110
    Stat. 888, as amended. For complete classification of this Act to
    the Code, see Short Title note set out under section 7201 of this
    title and Tables.
      Subchapter III of this chapter, referred to in subsecs. (d)(1),
    was in the original "subtitle C", meaning subtitle C (Secs. 1301-
    1310) of title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 166,
    which is classified principally to subchapter III of this chapter.
    For complete classification of subtitle C to the Code, see
    References in Text note set out under section 7951 of this title
    and Tables.
      Subchapter V of this chapter, referred to in subsec. (e)(1), was
    in the original "subtitle E", meaning subtitle E (Secs. 1501-1508)
    of title I of Pub. L. 107-171, May 13, 2002, 116 Stat. 205, which
    enacted subchapter V of this chapter and amended sections 450l,
    1637a, 4501-4504, 4507, 6402, and 6414 of this title and section
    713a-4 of Title 15, Commerce and Trade. For complete classification
    of subtitle E to the Code, see Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "known".

    (!2) So in original. Probably should be followed by "Law".


-End-



-CITE-
    7 USC Sec. 7992                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7992. Suspension of permanent price support authority

-STATUTE-
    (a) Agricultural Adjustment Act of 1938
      The following provisions of the Agricultural Adjustment Act of
    1938 [7 U.S.C. 1281 et seq.] shall not be applicable to the 2002
    through 2007 crops of covered commodities, peanuts, and sugar and
    shall not be applicable to milk during the period beginning on May
    13, 2002, through December 31, 2007:
        (1) Parts II through V of subtitle B of title III (7 U.S.C.
      1326-1351) [7 U.S.C. 1321 et seq., 1331 et seq., 1341 et seq.,
      1351].
        (2) In the case of upland cotton, section 377 (7 U.S.C. 1377).
        (3) Subtitle D of title III (7 U.S.C. 1379a-1379j).
        (4) Title IV (7 U.S.C. 1401-1407).
    (b) Agricultural Act of 1949
      The following provisions of the Agricultural Act of 1949 [7
    U.S.C. 1421 et seq.] shall not be applicable to the 2002 through
    2007 crops of covered commodities, peanuts, and sugar and shall not
    be applicable to milk during the period beginning on May 13, 2002,
    and through December 31, 2007:
        (1) Section 101 (7 U.S.C. 1441).
        (2) Section 103(a) (7 U.S.C. 1444(a)).
        (3) Section 105 (7 U.S.C. 1444b).
        (4) Section 107 (7 U.S.C. 1445a).
        (5) Section 110 (7 U.S.C. 1445e).
        (6) Section 112 (7 U.S.C. 1445g).
        (7) Section 115 (7 U.S.C. 1445k).
        (8) Section 201 (7 U.S.C. 1446).
        (9) Title III (7 U.S.C. 1447-1449).
        (10) Title IV (7 U.S.C. 1421-1433d), other than sections 404,
      412, and 416 (7 U.S.C. 1424, 1429, and 1431).
        (11) Title V (7 U.S.C. 1461-1469).
        (12) Title VI (7 U.S.C. 1471-1471j).
    (c) Suspension of certain quota provisions
      The joint resolution entitled "A joint resolution relating to
    corn and wheat marketing quotas under the Agricultural Adjustment
    Act of 1938, as amended", approved May 26, 1941 (7 U.S.C. 1330 and
    1340), shall not be applicable to the crops of wheat planted for
    harvest in the calendar years 2002 through 2007.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1602, May 13, 2002, 116 Stat. 212.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act of 1938, referred to in subsecs.
    (a) and (c), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,
    which is classified principally to chapter 35 (Sec. 1281 et seq.)
    of this title. Parts II through V of subtitle B of title III of the
    Act are classified generally to subparts II (Sec. 1321 et seq.),
    III (Sec. 1331 et seq.), IV (Sec. 1341 et seq.), and V (Sec. 1351,
    which was omitted from the Code), respectively, of part B of
    subchapter II of chapter 35 of this title. Subtitle D of title III
    of the Act is classified generally to part D (Sec. 1379a et seq.)
    of subchapter II of chapter 35 of this title. Title IV of the Act
    was classified generally to subchapter III (Sec. 1401 et seq.) of
    chapter 35 of this title, and was omitted from the Code. For
    complete classification of this Act to the Code, see section 1281
    of this title and Tables.
      The Agricultural Act of 1949, referred to in subsec. (b), is act
    Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
    classified principally to chapter 35A (Sec. 1421 et seq.) of this
    title. Title III of the Act is classified generally to sections
    1447 to 1449 of this title. Title IV of the Act is classified
    principally to subchapter I (Sec. 1421 et seq.) of chapter 35A of
    this title. Title V of the Act, which was classified generally to
    subchapter IV (Sec. 1461 et seq.) of chapter 35A of this title, was
    omitted from the Code. Title VI of the Act is classified generally
    to subchapter V (Sec. 1471 et seq.) of chapter 35A of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 1421 of this title and Tables.
      The joint resolution relating to corn and wheat marketing quotas
    under the Agricultural Adjustment Act of 1938, as amended, referred
    to in subsec. (c), is act May 26, 1941, ch. 133, 55 Stat. 203,
    which enacted sections 1330 and 1340 of this title.

-COD-
                               CODIFICATION                           
      Section is comprised of section 1602 of Pub. L. 107-171. Subsec.
    (d) of section 1602 of Pub. L. 107-171 amended section 7301 of this
    title.

-End-



-CITE-
    7 USC Sec. 7993                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7993. Commission on application of payment limitations

-STATUTE-
    (a) Establishment
      There is established a commission to be known as the "Commission
    on the Application of Payment Limitations for Agriculture"
    (referred to in this section as the "Commission").
    (b) Duties
      The Commission shall conduct a study on the potential impacts of
    further payment limitations on the receipt of direct payments,
    counter-cyclical payments, and marketing loan gains and loan
    deficiency payments on - 
        (1) farm income;
        (2) land values;
        (3) rural communities;
        (4) agribusiness infrastructure;
        (5) planting decisions of producers affected; and
        (6) supply and prices of covered commodities, loan commodities,
      specialty crops (including fruits and vegetables), and other
      agricultural commodities.
    (c) Membership
      (1) Composition
        The Commission shall be composed of 10 members as follows:
          (A) 3 members appointed by the Secretary.
          (B) 3 members appointed by the Committee on Agriculture,
        Nutrition, and Forestry of the Senate.
          (C) 3 members appointed by the Committee on Agriculture of
        the House of Representatives.
          (D) The Chief Economist of the Department of Agriculture.
      (2) Federal Government employment
        The membership of the Commission may include 1 or more
      employees of the Department of Agriculture or other Federal
      agencies.
      (3) Date of appointments
        The appointment of a member of the Commission shall be made not
      later than 60 days after May 13, 2002.
      (4) Term; vacancies
        (A) Term
          A member shall be appointed for the life of the Commission.
        (B) Vacancies
          A vacancy on the Commission - 
            (i) shall not affect the powers of the Commission; and
            (ii) shall be filled in the same manner as the original
          appointment was made.
      (5) Initial meeting
        Not later than 30 days after the date on which all members of
      the Commission have been appointed, the Commission shall hold the
      initial meeting of the Commission.
    (d) Quorum
      A majority of the members of the Commission shall constitute a
    quorum for the transaction of business, but a lesser number of
    members may hold hearings.
    (e) Chairperson
      The Secretary shall appoint 1 of the members of the Commission to
    serve as Chairperson of the Commission.
    (f) Report
      Not later than 1 year after May 13, 2002, the Commission shall
    submit to the President, the Committee on Agriculture of the House
    of Representatives, and the Committee on Agriculture, Nutrition,
    and Forestry of the Senate a report containing the results of the
    study required by subsection (b) of this section, including such
    recommendations as the Commission considers appropriate.
    (g) Hearings
      The Commission may hold such hearings, meet and act at such times
    and places, take such testimony, and receive such evidence as the
    Commission considers advisable to carry out this section.
    (h) Information from Federal agencies
      The Commission may secure directly from a Federal agency such
    information as the Commission considers necessary to carry out this
    section. On request of the Chairperson of the Commission, the head
    of the agency shall provide the information to the Commission.
    (i) Postal services
      The Commission may use the United States mails in the same manner
    and under the same conditions as other agencies of the Federal
    Government.
    (j) Assistance from Secretary
      The Secretary may provide to the Commission appropriate office
    space and such reasonable administrative and support services as
    the Commission may request.
    (k) Compensation of members
      (1) Non-Federal employees
        A member of the Commission who is not an officer or employee of
      the Federal Government shall be compensated at a rate equal to
      the daily equivalent of the annual rate of basic pay prescribed
      for level IV of the Executive Schedule under section 5315 of
      title 5 for each day (including travel time) during which the
      member is engaged in the performance of the duties of the
      Commission.
      (2) Federal employees
        A member of the Commission who is an officer or employee of the
      Federal Government shall serve without compensation in addition
      to the compensation received for the services of the member as an
      officer or employee of the Federal Government.
      (3) Travel expenses
        A member of the Commission shall be allowed travel expenses,
      including per diem in lieu of subsistence, at rates authorized
      for an employee of an agency under subchapter I of chapter 57 of
      title 5, while away from the home or regular place of business of
      the member in the performance of the duties of the Commission.
    (l) Federal Advisory Committee Act
      The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the Commission or any proceeding of the Commission.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1605, May 13, 2002, 116 Stat. 216.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in (l), is Pub.
    L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    7 USC Sec. 7994                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7994. Study

-STATUTE-
    (1) In general
      The Secretary shall conduct a study on the effects on the
    limitation on producers to move quota to a farm other than the farm
    to which the quota was initially assigned under part I of subtitle
    B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C.
    1311 et seq.).
    (2) Report
      Not later than 90 days after May 13, 2002, the Secretary 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 on the results of the study.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1611(b), May 13, 2002, 116 Stat.
    219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Adjustment Act of 1938, referred to in par. (1),
    is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended. Part I of
    subtitle B of title III of the Act was classified generally to
    subpart I (Sec. 1311 et seq.) of part B of subchapter II of chapter
    35 of this title prior to repeal by Pub. L. 108-357, title VI, Sec.
    611(a), Oct. 22, 2004, 118 Stat. 1522. For complete classification
    of this Act to the Code, see section 1281 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 7995                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7995. Assignment of payments

-STATUTE-
      The provisions of section 590h(g) of title 16, relating to
    assignment of payments, shall apply to payments made under the
    authority of this Act. The producer making the assignment, or the
    assignee, shall provide the Secretary with notice, in such manner
    as the Secretary may require, of any assignment made under this
    section.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1612, May 13, 2002, 116 Stat. 219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 107-171, May 13, 2002,
    116 Stat. 134, known as the Farm Security and Rural Investment Act
    of 2002. For complete classification of this Act to the Code, see
    Short Title note set out under section 7901 of this title and
    Tables.

-End-



-CITE-
    7 USC Sec. 7996                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7996. Equitable relief from ineligibility for loans, payments,
      or other benefits

-STATUTE-
    (a) Definitions
      In this section:
      (1) Agricultural commodity
        The term "agricultural commodity" means any agricultural
      commodity, food, feed, fiber, or livestock that is subject to a
      covered program.
      (2) Covered program
        (A) In general
          The term "covered program" means - 
            (i) a program administered by the Secretary under which
          price or income support, or production or market loss
          assistance, is provided to producers of agricultural
          commodities; and
            (ii) a conservation program administered by the Secretary.
        (B) Exclusions
          The term "covered program" does not include - 
            (i) an agricultural credit program carried out under the
          Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
          seq.); or
            (ii) the crop insurance program carried out under the
          Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
      (3) Participant
        The term "participant" means a participant in a covered
      program.
      (4) State Conservationist
        The term "State Conservationist" means the State
      Conservationist with respect to a program administered by the
      Natural Resources Conservation Service.
      (5) State Director
        The term "State Director" means the State Executive Director of
      the Farm Service Agency with respect to a program administered by
      the Farm Service Agency.
    (b) Equitable relief
      The Secretary may provide relief to any participant that is
    determined to be not in compliance with the requirements of a
    covered program, and therefore ineligible for a loan, payment, or
    other benefit under the covered program, if the participant - 
        (1) acting in good faith, relied on the action or advice of the
      Secretary (including any authorized representative of the
      Secretary) to the detriment of the participant; or
        (2) failed to comply fully with the requirements of the covered
      program, but made a good faith effort to comply with the
      requirements.
    (c) Forms of relief
      The Secretary may authorize a participant in a covered program to
    - 
        (1) retain loans, payments, or other benefits received under
      the covered program;
        (2) continue to receive loans, payments, and other benefits
      under the covered program;
        (3) continue to participate, in whole or in part, under any
      contract executed under the covered program;
        (4) in the case of a conservation program, reenroll all or part
      of the land covered by the program; and
        (5) receive such other equitable relief as the Secretary
      determines to be appropriate.
    (d) Remedial action
      As a condition of receiving relief under this section, the
    Secretary may require the participant to take actions designed to
    remedy any failure to comply with the covered program.
    (e) Equitable relief by State Directors and State Conservationists
      (1) In general
        A State Director, in the case of programs administered by the
      State Director, and the State Conservationist, in the case of
      programs administered by the State Conservationist, may grant
      relief to a participant in accordance with subsections (b)
      through (d) of this section if - 
          (A) the amount of loans, payments, and benefits for which
        relief will be provided to the participant under this
        subsection is less than $20,000;
          (B) the total amount of loans, payments, and benefits for
        which relief has been previously provided to the participant
        under this subsection is not more than $5,000; and
          (C) the total amount of loans, payments, and benefits for
        which relief is provided to similarly situated participants
        under this subsection is not more than $1,000,000, as
        determined by the Secretary.
      (2) Consultation, approval, and reversal
        The decision by a State Director or State Conservationist to
      grant relief under this subsection - 
          (A) shall not require prior approval by the Administrator of
        the Farm Service Agency, the Chief of the Natural Resources
        Conservation Service, or any other officer or employee of the
        Agency or Service;
          (B) shall be made only after consultation with, and the
        approval of, the Office of General Counsel of the Department of
        Agriculture; and
          (C) is subject to reversal only by the Secretary (who may not
        delegate the reversal authority).
      (3) Nonapplicability
        The authority of a State Director or State Conservationist
      under this subsection does not apply to the administration of - 
          (A) payment limitations under - 
            (i) sections 1001 through 1001F of the Food Security Act of
          1985 (7 U.S.C. 1308 et seq.); or
            (ii) a conservation program administered by the Secretary.

          (B) highly erodible land and wetland conservation
        requirements under subtitle B or C of title XII of the Food
        Security Act of 1985 (16 U.S.C. 3811 et seq.).
      (4) Other authority
        The authority provided to a State Director and State
      Conservationist under this subsection is in addition to any other
      applicable authority and does not limit other authority provided
      by law or the Secretary.
    (f) Judicial review
      A discretionary decision by the Secretary, the State Director, or
    the State Conservationist under this section shall be final, and
    shall not be subject to review under chapter 7 of title 5.
    (g) Reports
      Not later than February 1 of each year, the Secretary 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 describes for the previous
    calendar year - 
        (1) the number of requests for equitable relief under
      subsections (b) and (e) of this section and the disposition of
      the requests; and
        (2) the number of requests for equitable relief under section
      6998(d) of this title and the disposition of the requests.
    (h) Relationship to other law
      The authority provided in this section is in addition to any
    other authority provided in this or any other Act.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1613, May 13, 2002, 116 Stat. 219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Consolidated Farm and Rural Development Act, referred to in
    subsec. (a)(2)(B)(i), is title III of Pub. L. 87-128, Aug. 8, 1961,
    75 Stat. 307, as amended, which is classified principally to
    chapter 50 (Sec. 1921 et seq.) of this title. For complete
    classification of the Act to the Code, see Short Title note set out
    under section 1921 of this title and Tables.
      The Federal Crop Insurance Act, referred to in subsec.
    (a)(2)(B)(ii), is title V of act Feb. 16, 1938, ch. 30, 52 Stat.
    72, as amended, which is classified generally to chapter 36 (Sec.
    1501 et seq.) of this title. For complete classification of this
    Act to the Code, see section 1501 of this title and Tables.
      The Food Security Act of 1985, referred to in subsec. (e)(3)(B),
    is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended.
    Subtitles B and C of title XII of the Act are classified generally
    to subchapters II (Sec. 3811 et seq.) and III (Sec. 3821 et seq.),
    respectively, of chapter 58 of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title of 1985
    Amendment note set out under section 1281 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 1613 of Pub. L. 107-171. Subsec.
    (i) of section 1613 of Pub. L. 107-171 amended section 7001 of this
    title. Subsec. (j) of section 1613 amended section 6998 of this
    title and repealed sections 1339a of this title and section 3830a
    of Title 16, Conservation.

-End-



-CITE-
    7 USC Sec. 7997                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7997. Tracking of benefits

-STATUTE-
      As soon as practicable after May 13, 2002, the Secretary shall
    establish procedures to track the benefits provided, directly or
    indirectly, to individuals and entities under titles I and II and
    the amendments made by those titles.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1614, May 13, 2002, 116 Stat. 222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Titles I and II, referred to in text, mean titles I and II of
    Pub. L. 107-171, May 13, 2002, 116 Stat. 143. For complete
    classification of titles I and II of Pub. L. 107-171 to the Code,
    see Tables.

-End-



-CITE-
    7 USC Sec. 7998                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7998. Estimates of net farm income

-STATUTE-
      In each issuance of projections of net farm income, the Secretary
    shall include (as determined by the Secretary) - 
        (1) an estimate of the net farm income earned by commercial
      producers in the United States; and
        (2) an estimate of the net farm income attributable to
      commercial producers of each of the following:
          (A) Livestock.
          (B) Loan commodities.
          (C) Agricultural commodities other than loan commodities.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1615, May 13, 2002, 116 Stat. 222.)

-End-



-CITE-
    7 USC Sec. 7999                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 7999. Availability of incentive payments for certain producers

-STATUTE-
    (a) Incentive payments required
      Subject to subsection (b) of this section, the Secretary shall
    make available a total of $20,000,000 of funds of the Commodity
    Credit Corporation during the 2003 through 2005 crop years to
    provide incentive payments to producers of hard white wheat.
    (b) Conditions on implementation
      The Secretary shall implement subsection (a) of this section - 
        (1) only with regard to production that meets minimum quality
      criteria; and
        (2) on not more than 2,000,000 acres or the equivalent volume
      of production.
    (c) Demand for wheat
      To be eligible to obtain an incentive payment under subsection
    (a) of this section, a producer shall demonstrate to the
    satisfaction of the Secretary that buyers and end-users are
    available for the wheat to be covered by the incentive payment.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1616, May 13, 2002, 116 Stat. 222.)

-End-



-CITE-
    7 USC Sec. 8000                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 8000. Renewed availability of market loss assistance and
      certain emergency assistance to persons that failed to receive
      assistance under earlier authorities

-STATUTE-
    (a) Authority to provide assistance
      The Secretary of Agriculture may use such funds of the Commodity
    Credit Corporation as are necessary to provide market loss
    assistance and other emergency assistance under a provision of law
    specified in subsection (c) of this section to persons that, as
    determined by the Secretary) - 
        (1) were eligible to receive the assistance under the provision
      of law; but
        (2) did not receive the assistance before October 1, 2001.
    (b) Limitation
      The amount of assistance provided under a provision of law
    specified in subsection (c) of this section and this section to a
    person shall not exceed the amount of assistance the person would
    have been eligible to receive under the provision had the claim of
    the producer under the provision been timely resolved.
    (c) Covered market loss assistance authorities
      The following provisions of law are covered by this section:
        (1) Sections 1, 2, 3, 4, and 5 of Public Law 107-25 (115 Stat.
      201).
        (2) Sections 805, 806, and 814 of the Agriculture, Rural
      Development, Food and Drug Administration, and Related Agencies
      Appropriations Act, 2001 (as enacted into law by Public Law 106-
      387; 114 Stat. 1549).
        (3) Sections 201, 202, 204(a), 204(d), 257, and 259 of the
      Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
      U.S.C. 1421 note).
        (4) Sections 802, 803(a), 804, and 805 of the Agriculture,
      Rural Development, Food and Drug Administration, and Related
      Agencies Appropriations Act, 2000 (Public Law 106-78; 113 Stat.
      1135).
        (5) The livestock indemnity program under the heading
      "Commodity Credit Corporation Fund" in chapter 1 of title I of
      the 1999 Emergency Supplemental Appropriations Act (Public (!1)
      106-31; 113 Stat. 59).

        (6) Section 1111(a) 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; 112 Stat. 2681-44).

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1617, May 13, 2002, 116 Stat. 222.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1, 2, 3, 4, and 5 of Pub. L. 107-25, referred to subsec.
    (c)(1), are sections 1 to 5 of Pub. L. 107-25, Aug. 13, 2001, 115
    Stat. 201, 202, which are not classified to the Code.
      Sections 805, 806, and 814 of the Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations
    Act, 2001, referred to in subsec. (c)(2), mean section 1(a) [title
    VIII, Secs. 805, 806, 814] of Pub. L. 106-387, Oct. 28, 2000, 114
    Stat. 1549, 1549A-50, 1549A-51, 1549A-55, which are not classified
    to the Code.
      Sections 201, 202, 204(a), 204(d), 257, and 259 of the
    Agricultural Risk Protection Act of 2000, referred to in subsec.
    (c)(3), are sections 201, 202, 204(a), (d), 257, and 259 of title
    II of Pub. L. 106-224, June 20, 2000, 114 Stat. 398, 401, 404, 424,
    426, which were formerly set out as notes under section 1421 of
    this title.
      Sections 802, 803(a), 804, and 805 of the Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2000, referred to in subsec. (c)(4), are
    sections 802, 803(a), 804, and 805 of title VIII of Pub. L. 106-78,
    Oct. 22, 1999, 113 Stat. 1176, 1178, 1179, which was formerly set
    out as a note under section 1421 of this title.
      Section 1111(a) of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 1999,
    referred to in subsec. (c)(6), is section 101(a) [title XI, Sec.
    1111(a)] of Pub. L. 105-277, div. A, Oct. 21, 1998, 112 Stat. 2681,
    2681A-44, which was formerly set out as a note under section 1421
    of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "Law".


-End-



-CITE-
    7 USC Sec. 8001                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 8001. Producer retention of erroneously paid loan deficiency
      payments and marketing loan gains

-STATUTE-
      Notwithstanding any other provision of law, the Secretary and the
    Commodity Credit Corporation shall not require producers in Erie
    County, Pennsylvania, to repay loan deficiency payments and
    marketing loan gains erroneously paid or determined to have been
    earned by the Commodity Credit Corporation for certain 1998 and
    1999 crops under subtitle C of title I of the Federal Agriculture
    Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.). In the
    case of a producer who has already made the repayment on or before
    May 13, 2002, the Commodity Credit Corporation shall reimburse the
    producer for the full amount of the repayment.

-SOURCE-
    (Pub. L. 107-171, title I, Sec. 1618, May 13, 2002, 116 Stat. 223.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Federal Agriculture Improvement and Reform Act of 1996, referred
    to in text, is Pub. L. 104-127, Apr. 4, 1996, 110 Stat. 888, as
    amended. Subtitle C of title I of the Act is classified generally
    to subchapter III (Sec. 7231 et seq.) of chapter 100 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 7201 of this title and Tables.

-End-



-CITE-
    7 USC Sec. 8002                                             01/03/2007

-EXPCITE-
    TITLE 7 - AGRICULTURE
    CHAPTER 106 - COMMODITY PROGRAMS
    SUBCHAPTER VI - ADMINISTRATION

-HEAD-
    Sec. 8002. Implementation funding and information management

-STATUTE-
    (a) Additional funds for administrative costs
      (1) In general
        The Secretary of Agriculture, acting through the Farm Service
      Agency, may use not more than $55,000,000 of funds of the
      Commodity Credit Corporation to cover administrative costs
      associated with the implementation of title I and the amendments
      made by that title.
      (2) Availability
        The funds referred to in paragraph (1) shall remain available
      to the Secretary until expended.
      (3) Set-aside
        Of the amount specified in paragraph (1), the Secretary shall
      use not less than $5,000,000, but not more than $8,000,000, to
      carry out subsection (b) of this section.
    (b) Information management
      (1) Development of system
        The Secretary of Agriculture shall develop a comprehensive
      information management system, using appropriate technologies, to
      be used in implementing the programs administered by the Federal
      Crop Insurance Corporation and the Farm Service Agency.
      (2) Elements
        The information management system developed under this
      subsection shall be designed to - 
          (A) improve access by agricultural producers to programs
        described in paragraph (1);
          (B) improve and protect the integrity of the information
        collected;
          (C) meet the needs of the agencies that require the data in
        the administration of their programs;
          (D) improve the timeliness of the collection of the
        information;
          (E) contribute to the elimination of duplication of
        information collection;
          (F) lower the overall cost to the Department of Agriculture
        for information collection; and
          (G) achieve such other goals as the Secretary considers
        appropriate.
      (3) Reconciliation of current information management
        The Secretary shall ensure that all current information of the
      Federal Crop Insurance Corporation and the Farm Service Agency is
      combined, reconciled, redefined, and reformatted in such a manner
      so that the agencies can use the common information management
      system developed under this subsection.
      (4) Assistance for development of system
        The Secretary shall enter into an agreement or contract with a
      non-Federal entity to assist the Secretary in the development of
      the information management system. The Secretary shall give
      preference in entering into an agreement or contract to entities
      that have - 
          (A) prior experience with the information and management
        systems of the Federal Crop Insurance Corporation; and
          (B) collaborated with the Corporation in the development of
        the identification procedures required by section 1515(f) of
        this title.
      (5) Use
        The information collected using the information management
      system developed under this subsection may be made available to -
      
          (A) any Federal agency that requires the information to carry
        out the functions of the agency; and
          (B) any approved insurance provider, as defined in section
        1502(b) of this title, with respect to producers insured by the
        approved insurance provider.
      (6) Relation to other activities
        This subsection shall not interfere with, or delay, existing
      agreements or requests for proposals of the Federal Crop
      Insurance Corporation or the Farm Service Agency regarding the
      information management activities known as data mining or data
      warehousing.
    (c) Authorization of appropriations
      In addition to amounts made available under subsection (a)(3) of
    this section, there are authorized to be appropriated such sums as
    are necessary to carry out subsection (b) of this section for each
    of fiscal years 2003 through 2008.

-SOURCE-
    (Pub. L. 107-171, title X, Sec. 10706, May 13, 2002, 116 Stat.
    519.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title I and the amendments made by that title, referred to in
    subsec. (a)(1), is title I of Pub. L. 107-171, May 13, 2002, 116
    Stat. 143, which is classified principally to this chapter. For
    complete classification of title I to the Code, see References in
    Text note set out under section 7901 of this title and Tables.

-End-