H. R. 2419—18 
(ii) is likely to be returned to the previous agricul-
tural use. 
(B) REQUIREMENT.—The Secretary shall establish 
procedures to identify land described in subparagraph (A). 
(3) REVIEW
AND
REPORT.—Each year, to ensure, to the 
maximum extent practicable, that payments are received only 
by producers, the Secretary shall submit to Congress a report 
that describes the results of the actions taken under paragraph 
(2). 
(d) TREATMENT OF FARMS WITH LIMITED BASE ACRES.— 
(1) PROHIBITION
ON
PAYMENTS.—Except as provided in 
paragraph (2) and notwithstanding any other provision of this 
title, a producer on a farm may not receive direct payments, 
counter-cyclical payments, or average crop revenue election pay-
ments if the sum of the base acres of the farm is 10 acres 
or less, as determined by the Secretary. 
(2) EXCEPTIONS.—Paragraph (1) shall not apply to a farm 
owned by— 
(A) a socially disadvantaged farmer or rancher (as 
defined in section 355(e) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2003(e)); or 
(B) a limited resource farmer or rancher, as defined 
by the Secretary. 
(3) DATA
COLLECTION
AND
PUBLICATION.—The Secretary 
shall— 
(A) collect and publish segregated data and survey 
information about the farm profiles, utilization of land, 
and crop production; and 
(B) perform an evaluation on the supply and price 
of fruits and vegetables based on the effects of suspension 
of base acres under this section. 
SEC. 1102. PAYMENT YIELDS. 
(a) ESTABLISHMENT AND PURPOSE.—For the purpose of making 
direct payments and counter-cyclical payments under this subtitle, 
the Secretary shall provide for the establishment of a yield for 
each farm for any designated oilseed or eligible pulse crop for 
which a payment yield was not established under section 1102 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
7912) in accordance with this section. 
(b) PAYMENT YIELDS FOR DESIGNATED OILSEEDS AND ELIGIBLE 
PULSE CROPS.— 
(1) DETERMINATION OF AVERAGE YIELD.—In the case of des-
ignated oilseeds and eligible pulse crops, the Secretary shall 
determine the average yield per planted acre for the designated 
oilseed or pulse crop on a farm for the 1998 through 2001 
crop years, excluding any crop year in which the acreage 
planted to the designated oilseed or pulse crop was zero. 
(2) ADJUSTMENT FOR PAYMENT YIELD.— 
(A) IN GENERAL.—The payment yield for a farm for 
a designated oilseed or eligible pulse crop shall be equal 
to the product of the following: 
(i) The average yield for the designated oilseed 
or pulse crop determined under paragraph (1). 
(ii) The ratio resulting from dividing the national 
average yield for the designated oilseed or pulse crop
H. R. 2419—19 
for the 1981 through 1985 crops by the national aver-
age yield for the designated oilseed or pulse crop for 
the 1998 through 2001 crops. 
(B) NO NATIONAL AVERAGE YIELD INFORMATION AVAIL-
ABLE.—To the extent that national average yield informa-
tion for a designated oilseed or pulse crop is not available, 
the Secretary shall use such information as the Secretary 
determines to be fair and equitable to establish a national 
average yield under this section. 
(3) USE OF PARTIAL COUNTY AVERAGE YIELD.—If the yield 
per planted acre for a crop of a designated oilseed or pulse 
crop for a farm for any of the 1998 through 2001 crop years 
was less than 75 percent of the county yield for that designated 
oilseed or pulse crop, 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). 
(4) NO HISTORIC YIELD DATA AVAILABLE.—In the case of 
establishing yields for designated oilseeds and eligible pulse 
crops, if historic yield data is not available, the Secretary shall 
use the ratio for dry peas calculated under paragraph (2)(A)(ii) 
in determining the yields for designated oilseeds and eligible 
pulse crops, as determined to be fair and equitable by the 
Secretary. 
SEC. 1103. AVAILABILITY OF DIRECT PAYMENTS. 
(a) PAYMENT REQUIRED.—For each of the 2008 through 2012 
crop years of each covered commodity (other than pulse crops), 
the Secretary shall make direct payments to producers on farms 
for which base acres and payment yields are established. 
(b) PAYMENT RATE.—Except as provided in section 1105, the 
payment rates used to make direct payments with respect to covered 
commodities for a crop year shall be 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) Long grain rice, $2.35 per hundredweight. 
(8) Medium grain rice, $2.35 per hundredweight. 
(9) Soybeans, $0.44 per bushel. 
(10) Other oilseeds, $0.80 per hundredweight. 
(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). 
(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.—Except as provided in paragraph (2), in 
the case of each of the 2008 through 2012 crop years, the 
Secretary may not make direct payments before October 1 
of the calendar year in which the crop of the covered commodity 
is harvested. 
(2) ADVANCE PAYMENTS.—
H. R. 2419—20 
(A) OPTION.— 
(i) IN GENERAL.—At the option of the producers 
on a farm, the Secretary shall pay in advance up 
to 22 percent of the direct payment for a covered com-
modity for any of the 2008 through 2011 crop years 
to the producers on a farm. 
(ii) 2008 CROP YEAR.—If the producers on a farm 
elect to receive advance direct payments under clause 
(i) for a covered commodity for the 2008 crop year, 
as soon as practicable after the election, the Secretary 
shall make the advance direct payment to the pro-
ducers on the farm. 
(B) MONTH.— 
(i) SELECTION.—Subject to clauses (ii) and (iii), 
the producers on a farm shall select the month during 
which the advance payment for a crop year will be 
made. 
(ii) OPTIONS.—The month selected may be any 
month during the period— 
(I) beginning on December 1 of the calendar 
year before the calendar year in which the crop 
of the covered commodity is harvested; and 
(II) ending during the month within which 
the direct payment would otherwise be made. 
(iii) CHANGE.—The producers on a farm 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. 
SEC. 1104. AVAILABILITY OF COUNTER-CYCLICAL PAYMENTS. 
(a) PAYMENT REQUIRED.—Except as provided in section 1105, 
for each of the 2008 through 2012 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.— 
(1) COVERED COMMODITIES OTHER THAN RICE.—Except as 
provided in paragraph (2), for purposes of subsection (a), the 
effective price for a covered commodity is equal to the sum 
of the following: 
(A) The higher of the following: 
(i) The national average market price received by 
producers during the 12-month marketing year for the 
covered commodity, as determined by the Secretary. 
(ii) The national average loan rate for a marketing 
assistance loan for the covered commodity in effect 
for the applicable period under subtitle B.
H. R. 2419—21 
(B) The payment rate in effect for the covered com-
modity under section 1103 for the purpose of making direct 
payments with respect to the covered commodity. 
(2) RICE.—In the case of long grain rice and medium grain 
rice, for purposes of subsection (a), the effective price for each 
type or class of rice is equal to the sum of the following: 
(A) The higher of the following: 
(i) The national average market price received by 
producers during the 12-month marketing year for the 
type or class of rice, as determined by the Secretary. 
(ii) The national average loan rate for a marketing 
assistance loan for the type or class of rice in effect 
for the applicable period under subtitle B. 
(B) The payment rate in effect for the type or class 
of rice under section 1103 for the purpose of making direct 
payments with respect to the type or class of rice. 
(c) TARGET PRICE.— 
(1) 2008 CROP YEAR.—For purposes of the 2008 crop year, 
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, $0.7125 per pound. 
(G) Long grain rice, $10.50 per hundredweight. 
(H) Medium grain rice, $10.50 per hundredweight. 
(I) Soybeans, $5.80 per bushel. 
(J) Other oilseeds, $10.10 per hundredweight. 
(2) 2009 CROP YEAR.—For purposes of the 2009 crop year, 
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, $0.7125 per pound. 
(G) Long grain rice, $10.50 per hundredweight. 
(H) Medium grain rice, $10.50 per hundredweight. 
(I) Soybeans, $5.80 per bushel. 
(J) Other oilseeds, $10.10 per hundredweight. 
(K) Dry peas, $8.32 per hundredweight. 
(L) Lentils, $12.81 per hundredweight. 
(M) Small chickpeas, $10.36 per hundredweight. 
(N) Large chickpeas, $12.81 per hundredweight. 
(3) SUBSEQUENT CROP YEARS.—For purposes of each of the 
2010 through 2012 crop years, the target prices for covered 
commodities shall be as follows: 
(A) Wheat, $4.17 per bushel. 
(B) Corn, $2.63 per bushel. 
(C) Grain sorghum, $2.63 per bushel. 
(D) Barley, $2.63 per bushel. 
(E) Oats, $1.79 per bushel. 
(F) Upland cotton, $0.7125 per pound. 
(G) Long grain rice, $10.50 per hundredweight. 
(H) Medium grain rice, $10.50 per hundredweight. 
(I) Soybeans, $6.00 per bushel.
H. R. 2419—22 
(J) Other oilseeds, $12.68 per hundredweight. 
(K) Dry peas, $8.32 per hundredweight. 
(L) Lentils, $12.81 per hundredweight. 
(M) Small chickpeas, $10.36 per hundredweight. 
(N) Large chickpeas, $12.81 per hundredweight. 
(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) for 
the covered commodity. 
(e) PAYMENT
AMOUNT.—If counter-cyclical payments are 
required to be paid under this section for any of the 2008 through 
2012 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). 
(2) The payment acres of the covered commodity on the 
farm. 
(3) The payment yield for the covered commodity for the 
farm. 
(f) TIME FOR PAYMENTS.— 
(1) GENERAL RULE.—Except as provided in paragraph (2), 
if the Secretary determines under subsection (a) that counter- 
cyclical payments are required to be made under this section 
for the crop of a covered commodity, beginning October 1, 
or as soon as practicable thereafter, after the end of the mar-
keting year for the covered commodity, the Secretary shall 
make the counter-cyclical payments for the crop. 
(2) AVAILABILITY OF PARTIAL PAYMENTS.— 
(A) IN GENERAL.—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. 
(B) ELECTION.— 
(i) IN GENERAL.—The Secretary shall allow pro-
ducers on a farm to make an election to receive partial 
payments for a covered commodity under subparagraph 
(A) at any time but not later than 60 days prior to 
the end of the marketing year for that covered com-
modity. 
(ii) DATE OF ISSUANCE.—The Secretary shall issue 
the partial payment after the date of an announcement 
by the Secretary but not later than 30 days prior 
to the end of the marketing year. 
(3) TIME
FOR
PARTIAL
PAYMENTS.—When the Secretary 
makes partial payments for a covered commodity for any of 
the 2008 through 2010 crop years— 
(A) the first partial payment shall be made after 
completion of the first 180 days of the marketing year 
for the covered commodity; and 
(B) the final partial payment shall be made beginning 
October 1, or as soon as practicable thereafter, after the