PUBLIC LAW 107–25—AUG. 13, 2001 115 STAT. 201

Public Law 107–25

107th Congress

An Act

To respond to the continuing economic crisis adversely affecting American agricultural producers.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. MARKET LOSS ASSISTANCE.

(a) ASSISTANCE AUTHORIZED.—The Secretary of Agriculture

(referred to in this Act as the ‘‘Secretary’’) shall, to the maximum

extent practicable, use $4,622,240,000 of funds of the Commodity

Credit Corporation to make a market loss assistance payment to

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

for fiscal year 2001 under a production flexibility contract for the

farm under the Agriculture Market Transition Act (7 U.S.C. 7201

et seq.).

(b) AMOUNT.—The amount of assistance made available to

owners and producers on a farm under this section shall be proportionate to the amount of the total contract payments received by

the owners and producers for fiscal year 2001 under a production

flexibility contract for the farm under the Agricultural Market

Transition Act.

SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT.

The Secretary shall use $423,510,000 of funds of the Commodity

Credit Corporation to make a supplemental payment under section

202 of the Agricultural Risk Protection Act of 2000 (Public Law

106–224; 7 U.S.C. 1421 note) to producers of the 2000 crop of

oilseeds that previously received a payment under such section.

SEC. 3. SUPPLEMENTAL PEANUT PAYMENT.

The Secretary shall use $54,210,000 of funds of the Commodity

Credit Corporation to provide a supplemental payment under section 204(a) of the Agricultural Risk Protection Act of 2000 (Public

Law 106–224; 7 U.S.C. 1421 note) to producers of quota peanuts

or additional peanuts for the 2000 crop year that previously received

a payment under such section. The Secretary shall adjust the payment rate specified in such section to reflect the amount made

available for payments under this section.

SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT.

(a) SUPPLEMENTAL PAYMENT.—The Secretary shall use

$129,000,000 of funds of the Commodity Credit Corporation to

provide a supplemental payment under section 204(b) of the Agricultural Risk Protection Act of 2000 (Public Law 106–224; 7 U.S.C.

1421 note) to eligible persons (as defined in such section) that

previously received a payment under such section.

Aug. 13, 2001

[H.R. 2213]

115 STAT. 202 PUBLIC LAW 107–25—AUG. 13, 2001

(b) SPECIAL RULE FOR GEORGIA.—The Secretary may make

payments under this section to eligible persons in Georgia only

if the State of Georgia agrees to use the sum of $13,000,000 to

make payments at the same time, or subsequently, to the same

persons in the same manner as provided for the Federal payments

under this section, as required by section 204(b)(6) of the Agricultural Risk Protection Act of 2000.

SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAYMENT.

The Secretary shall use $16,940,000 of funds of the Commodity

Credit Corporation to provide a supplemental payment under section 814 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2001 (as

enacted by Public Law 106–387), to producers of wool, and producers

of mohair, for the 2000 marketing year that previously received

a payment under such section. The Secretary shall adjust the payment rate specified in such section to reflect the amount made

available for payments under this section.

SEC. 6. SUPPLEMENTAL COTTONSEED ASSISTANCE.

The Secretary shall use $84,700,000 of funds of the Commodity

Credit Corporation to provide supplemental assistance under section

204(e) of the Agricultural Risk Protection Act of 2000 (Public Law

106–224; 7 U.S.C. 1421 note) to producers and first-handlers of

the 2000 crop of cottonseed that previously received assistance

under such section.

SEC. 7. SPECIALTY CROPS.

(a) BASE STATE GRANTS.—The Secretary shall use $26,000,000

of funds of the Commodity Credit Corporation to make grants

to the several States and the Commonwealth of Puerto Rico to

be used to support activities that promote agriculture. The amount

of the grant shall be—

(1) $500,000 to each of the several States; and

(2) $1,000,000 to the Commonwealth of Puerto Rico.

(b) GRANTS FOR VALUE OF PRODUCTION.—The Secretary shall

use $133,400,000 of funds of the Commodity Credit Corporation

to make a grant to each of the several States in an amount that

represents the proportion of the value of specialty crop production

in the State in relation to the national value of specialty crop

production, as follows:

(1) California, $63,320,000.

(2) Florida, $16,860,000.

(3) Washington, $9,610,000.

(4) Idaho, $3,670,000.

(5) Arizona, $3,430,000.

(6) Michigan, $3,250,000.

(7) Oregon, $3,220,000.

(8) Georgia, $2,730,000.

(9) Texas, $2,660,000.

(10) New York, $2,660,000.

(11) Wisconsin, $2,570,000.

(12) North Carolina, $1,540,000.

(13) Colorado, $1,510,000.

(14) North Dakota, $1,380,000.

(15) Minnesota, $1,320,000.

(16) Hawaii, $1,150,000.

(17) New Jersey, $1,100,000.

PUBLIC LAW 107–25—AUG. 13, 2001 115 STAT. 203

(18) Pennsylvania, $980,000.

(19) New Mexico, $900,000.

(20) Maine, $880,000.

(21) Ohio, $800,000.

(22) Indiana, $660,000.

(23) Nebraska, $640,000.

(24) Massachusetts,$640,000.

(25) Virginia, $620,000.

(26) Maryland, $500,000.

(27) Louisiana, $460,000.

(28) South Carolina, $440,000.

(29) Tennessee, $400,000.

(30) Illinois, $400,000.

(31) Oklahoma, $390,000.

(32) Alabama, $300,000.

(33) Delaware, $290,000.

(34) Mississippi, $250,000.

(35) Kansas, $210,000.

(36) Arkansas, $210,000.

(37) Missouri, $210,000.

(38) Connecticut, $180,000.

(39) Utah, $140,000.

(40) Montana, $140,000.

(41) New Hampshire, $120,000.

(42) Nevada, $120,000.

(43) Vermont, $120,000.

(44) Iowa, $100,000.

(45) West Virginia, $90,000.

(46) Wyoming, $70,000.

(47) Kentucky, $60,000.

(48) South Dakota, $40,000.

(49) Rhode Island, $40,000.

(50) Alaska, $20,000.

(c) SPECIALTY CROP PRIORITY.—As a condition on the receipt

of a grant under this section, a State shall agree to give priority

to the support of specialty crops in the use of the grant funds.

(d) SPECIALTY CROP DEFINED.—In this section, the term ‘‘specialty crop’’ means any agricultural crop, except wheat, feed grains,

oilseeds, cotton, rice, peanuts, and tobacco.

SEC. 8. COMMODITY ASSISTANCE PROGRAM.

The Secretary shall use $10,000,000 of funds of the Commodity

Credit Corporation to make a grant to each of the several States

to be used by the States to cover direct and indirect costs related

to the processing, transportation, and distribution of commodities

to eligible recipient agencies. The grants shall be allocated to States

in the manner provided under section 204(a) of the Emergency

Food Assistance Act of 1983 (7 U.S.C. 7508(a)).

SEC. 9. TECHNICAL CORRECTION REGARDING INDEMNITY PAYMENTS

FOR COTTON PRODUCERS.

(a) CONDITIONS ON PAYMENT TO STATE.—Subsection (b) of section 1121 of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 1999 (as

contained in section 101(a) of division A of Public Law 105–277

(7 U.S.C. 1421 note)), and as amended by section 754 of the Agriculture, Rural Development, Food and Drug Administration, and

Georgia.

Grants.

115 STAT. 204 PUBLIC LAW 107–25—AUG. 13, 2001

Related Agencies Appropriations Act, 2001 (as enacted by Public

Law 106–387; 114 Stat. 1549A–42), is amended to read as follows:

‘‘(b) CONDITIONS ON PAYMENT TO STATE.—The Secretary of Agriculture shall make the payment to the State of Georgia under

subsection (a) only if the State—

‘‘(1) contributes $5,000,000 to the indemnity fund and

agrees to expend all amounts in the indemnity fund by not

later than January 1, 2002 (or as soon as administratively

practical thereafter), to provide compensation to cotton producers as provided in such subsection;

‘‘(2) requires the recipient of a payment from the indemnity

fund to repay the State, for deposit in the indemnity fund,

the amount of any duplicate payment the recipient otherwise

recovers for such loss of cotton, or the loss of proceeds from

the sale of cotton, up to the amount of the payment from

the indemnity fund; and

‘‘(3) agrees to deposit in the indemnity fund the proceeds

of any bond collected by the State for the benefit of recipients

of payments from the indemnity fund, to the extent of such

payments.’’.

(b) ADDITIONAL DISBURSEMENTS FROM THE INDEMNITY FUND.—

Subsection (d) of such section is amended to read as follows:

‘‘(d) ADDITIONAL DISBURSEMENT TO COTTON GINNERS.—The

State of Georgia shall use funds remaining in the indemnity fund,

after the provision of compensation to cotton producers in Georgia

under subsection (a) (including cotton producers who file a contingent claim, as defined and provided in section 5.1 of chapter 19

of title 2 of the Official Code of Georgia), to compensate cotton

ginners (as defined and provided in such section) that—

‘‘(1) incurred a loss as the result of—

‘‘(A) the business failure of any cotton buyer doing

business in Georgia; or

‘‘(B) the failure or refusal of any such cotton buyer

to pay the contracted price that had been agreed upon

by the ginner and the buyer for cotton grown in Georgia

on or after January 1, 1997, and had been purchased

or contracted by the ginner from cotton producers in

Georgia;

‘‘(2) paid cotton producers the amount which the cotton

ginner had agreed to pay for such cotton received from such

cotton producers in Georgia; and

‘‘(3) satisfy the procedural requirements and deadlines

specified in chapter 19 of title 2 of the Official Code of Georgia

applicable to cotton ginner claims.’’.

(c) CONFORMING AMENDMENT.—Subsection (c) of such section

is amended by striking ‘‘Upon the establishment of the indemnity

fund, and not later than October 1, 1999, the’’ and inserting ‘‘The’’.

SEC. 10. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS.

Notwithstanding section 1001(2) of the Food Security Act of

1985 (7 U.S.C. 1308(1)), the total amount of the payments specified

in section 1001(3) of that Act that a person shall be entitled to

receive for one or more contract commodities and oilseeds under

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

during the 2001 crop year may not exceed $150,000.

7 USC 1421 note.

PUBLIC LAW 107–25—AUG. 13, 2001 115 STAT. 205

LEGISLATIVE HISTORY—H.R. 2213 (S. 1246):

HOUSE REPORTS: No. 107–111 (Comm. on Agriculture).

CONGRESSIONAL RECORD, Vol. 147 (2001):

June 26, considered and passed House.

Aug. 3, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Aug. 13, Presidential statement.

Æ

SEC. 11. TIMING OF, AND LIMITATION ON, EXPENDITURES.

(a) DEADLINE FOR EXPENDITURES.—All expenditures required

by this Act shall be made not later than September 30, 2001.

Any funds made available by this Act and remaining unexpended

by October 1, 2001, shall be deemed to be unexpendable, and

the authority provided by this Act to expend such funds is rescinded

effective on that date.

(b) TOTAL AMOUNT OF EXPENDITURES.—The total amount

expended under this Act may not exceed $5,500,000,000. If the

payments required by this Act would result in expenditures in

excess of such amount, the Secretary shall reduce such payments

on a pro rata basis as necessary to ensure that such expenditures

do not exceed such amount.

SEC. 12. REGULATIONS.

(a) PROMULGATION.—As soon as practicable after the date of

the enactment of this Act, the Secretary and the Commodity Credit

Corporation, as appropriate, shall promulgate such regulations as

are necessary to implement this Act and the amendments made

by this Act. The promulgation of the regulations and administration

of this Act shall be made without regard to—

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

title 5, United States Code;

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

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

of proposed rulemaking and public participation in rulemaking;

and

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

known as the ‘‘Paperwork Reduction Act’’).

(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided

under section 808 of title 5, United States Code.

Approved August 13, 2001.