dreamproit/uscode huggingface dataset:
7 U.S.C. § 9035 (AGRICULTURE)
§ 9035. Loan deficiency payments
(a) Availability of loan deficiency payments
(1) In general
Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 9031 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
(A) Marketing assistance loans
Subject to subparagraph (B), 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 9031 of this title.
(B) Loan deficiency payment
Effective for each of the 2014 through 2018 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) shall be equal to the product obtained by multiplying—
(1) the payment rate determined under subsection (c) 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 9031 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 9032 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 9034 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 9032 of this title for ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 9034 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 9032 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 9034 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) using the payment rate in effect under subsection (c) as of the date the producers request the payment.
(Pub. L. 113–79, title I, § 1205, Feb. 7, 2014, 128 Stat. 679.)
7 U.S.C. § 9038 (AGRICULTURE)
§ 9038. Special competitive provisions for extra long staple cotton
(a) Competitiveness program
Notwithstanding any other provision of law, during the period beginning on February 7, 2014, through July 31, 2019, 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) 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.
(Pub. L. 113–79, title I, § 1208, Feb. 7, 2014, 128 Stat. 684.)
7 U.S.C. § 9051 (AGRICULTURE)
§ 9051. Definitions
In this part and part B:
(1) Actual dairy production margin
The term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 9052 of this title.
(2) All-milk price
The term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary.
(3) Average feed cost
The term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 9052 of this title using the sum of the following:
(A) The product determined by multiplying 1.0728 by the price of corn per bushel.
(B) The product determined by multiplying 0.00735 by the price of soybean meal per ton.
(C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton.
(4) Consecutive 2-month period
The term “consecutive 2-month period” refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.
(5) Dairy operation
(A) In general
The term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—
(i) shares in the risk of producing milk; and
(ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation.
(B) Additional ownership structures
The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.
(6) Margin protection program
The term “margin protection program” means the margin protection program required by section 9053 of this title.
(7) Margin protection program payment
The term “margin protection program payment” means a payment made to a participating dairy operation under the margin protection program pursuant to section 9056 of this title.
(8) Participating dairy operation
The term “participating dairy operation” means a dairy operation that registers under section 9054 of this title to participate in the margin protection program.
(9) Production history
The term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 9055 of this title when the participating dairy operation first registers to participate in the margin protection program.
(10) Secretary
The term “Secretary” means the Secretary of Agriculture.
(11) United States
The term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.
(Pub. L. 113–79, title I, § 1401, Feb. 7, 2014, 128 Stat. 688.)
7 U.S.C. § 9052 (AGRICULTURE)
§ 9052. Calculation of average feed cost and actual dairy production margins
(a) Calculation of average feed cost
The Secretary shall calculate the national average feed cost for each month using the following data:
(1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary.
(2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary.
(3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary.
(b) Calculation of actual dairy production margin
(1) In general
For use in the margin protection program, the Secretary shall calculate the actual dairy production margin for each consecutive 2-month period by subtracting—
(A) the average feed cost for that consecutive 2-month period, determined in accordance with subsection (a); from
(B) the all-milk price for that consecutive 2-month period.
(2) Time for calculation
The calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.
(Pub. L. 113–79, title I, § 1402, Feb. 7, 2014, 128 Stat. 689.)
7 U.S.C. § 9053 (AGRICULTURE)
§ 9053. Establishment of margin protection program for dairy producers
Not later than September 1, 2014, the Secretary shall establish and administer a margin protection program for dairy producers under which participating dairy operations are paid a margin protection payment when actual dairy production margins are less than the threshold levels for a margin protection payment.
(Pub. L. 113–79, title I, § 1403, Feb. 7, 2014, 128 Stat. 689.)
7 U.S.C. § 9054 (AGRICULTURE)
§ 9054. Participation of dairy operations in margin protection program
(a) Eligibility
All dairy operations in the United States shall be eligible to participate in the margin protection program to receive margin protection payments.
(b) Registration process
(1) In general
The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the margin protection program.
(2) Treatment of multiproducer dairy operations
If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of participating in the margin protection program.
(3) Treatment of producers with multiple dairy operations
If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in the margin protection program.
(c) Annual administrative fee
(1) Administrative fee required
Each participating dairy operation shall—
(A) pay an administrative fee to register to participate in the margin protection program; and
(B) pay the administrative fee annually through the duration of the margin protection program specified in section 9059 of this title.
(2) Amount of fee
The administrative fee for a participating dairy operation shall be $100.
(3) Use of fees
The Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out the margin protection program.
(d) Relation to livestock gross margin for dairy program
A dairy operation may participate in the margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not both.
(Pub. L. 113–79, title I, § 1404, Feb. 7, 2014, 128 Stat. 690.)
heading: References in Text
text: The Federal Crop Insurance Act, referred to in subsec. (d), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see section 1501 of this title and Tables.
7 U.S.C. § 9055 (AGRICULTURE)
§ 9055. Production history of participating dairy operations
(a) Production history
(1) In general
Except as provided in subsection (b), when a dairy operation first registers to participate in the margin protection program, the production history of the dairy operation for the margin protection program is equal to the highest annual milk marketings of the participating dairy operation during any one of the 2011, 2012, or 2013 calendar years.
(2) Adjustment
In subsequent years, the Secretary shall adjust the production history of a participating dairy operation determined under paragraph (1) to reflect any increase in the national average milk production.
(b) Election by new dairy operations
In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation:
(1) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount.
(2) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary.
(c) Required information
A participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in the margin protection program.
(Pub. L. 113–79, title I, § 1405, Feb. 7, 2014, 128 Stat. 690.)
7 U.S.C. § 9056 (AGRICULTURE)
§ 9056. Margin protection payments
(a) Coverage level threshold and coverage percentage
For purposes of receiving margin protection payments for a consecutive 2-month period, a participating dairy operation shall annually elect—
(1) a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00; and
(2) a percentage of coverage, in 5-percent increments, beginning with 25 percent and not exceeding 90 percent of the production history of the participating dairy operation.
(b) Payment threshold
A participating dairy operation shall receive a margin protection payment whenever the average actual dairy production margin for a consecutive 2-month period is less than the coverage level threshold selected by the participating dairy operation.
(c) Amount of margin protection payment
The margin protection payment for the participating dairy operation shall be determined as follows:
(1) The Secretary shall calculate the amount by which the coverage level threshold selected by the participating dairy operation exceeds the average actual dairy production margin for the consecutive 2-month period.
(2) The amount determined under paragraph (1) shall be multiplied by—
(A) the coverage percentage selected by the participating dairy operation; and
(B) the production history of the participating dairy operation divided by 6.
(Pub. L. 113–79, title I, § 1406, Feb. 7, 2014, 128 Stat. 691.)
7 U.S.C. § 9057 (AGRICULTURE)
§ 9057. Premiums for margin protection program
(a) Calculation of premiums
For purposes of participating in the margin protection program, a participating dairy operation shall pay an annual premium equal to the product obtained by multiplying—
(1) the coverage percentage elected by the participating dairy operation under section 9056(a)(2) of this title;
(2) the production history of the participating dairy operation; and
(3) the premium per hundredweight of milk imposed by this section for the coverage level selected.
(b) Premium per hundredweight for first 4 million pounds of production
(1) In general
For the first 4,000,000 pounds of milk marketings included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).
(2) Producer premiums
Except as provided in paragraph (3), the following annual premiums apply:
Coverage Level
Premium per Cwt.
$4.00
None
$4.50
$0.010
$5.00
$0.025
$5.50
$0.040
$6.00
$0.055
$6.50
$0.090
$7.00
$0.217
$7.50
$0.300
$8.00
$0.475
(3) Special rule
The premium per hundredweight specified in the table contained in paragraph (2) for each coverage level (except the $8.00 coverage level) shall be reduced by 25 percent for each of calendar years 2014 and 2015.
(c) Premium per hundredweight for production in excess of 4 million pounds
(1) In general
For milk marketings in excess of 4,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2).
(2) Producer premiums
The following annual premiums apply:
Coverage Level
Premium per Cwt.
$4.00
None
$4.50
$0.020
$5.00
$0.040
$5.50
$0.100
$6.00
$0.155
$6.50
$0.290
$7.00
$0.830
$7.50
$1.060
$8.00
$1.360
(d) Time for payment of premium
The Secretary shall provide more than 1 method by which a participating dairy operation may pay the premium required under this section in any manner that maximizes participating dairy operation payment flexibility and program integrity.
(e) Premium obligations
(1) Pro-ration of premium for new participants
In the case of a participating dairy operation that first registers to participate in the margin protection program for a calendar year after the start of the calendar year, the participating dairy operation shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage.
(2) Legal obligation
A participating dairy operation in the margin protection program for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of the program.
(Pub. L. 113–79, title I, § 1407, Feb. 7, 2014, 128 Stat. 691.)
7 U.S.C. § 9058 (AGRICULTURE)
§ 9058. Effect of failure to pay administrative fees or premiums
(a) Loss of benefits
A participating dairy operation that fails to pay the required annual administrative fee under section 9054 of this title or is in arrears on premium payments under section 9057 of this title—
(1) remains legally obligated to pay the administrative fee or premiums, as the case may be; and
(2) may not receive margin protection payments until the fees or premiums are fully paid.
(b) Enforcement
The Secretary may take such action as necessary to collect administrative fees and premium payments for participation in the margin protection program.
(Pub. L. 113–79, title I, § 1408, Feb. 7, 2014, 128 Stat. 693.)
7 U.S.C. § 9060 (AGRICULTURE)
§ 9060. Administration and enforcement
(a) In general
The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out the margin protection program.
(b) Reconstitution
The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving margin protection payments.
(c) Administrative appeals
Using authorities under section 1308(h) of this title and subtitle H of the Department of Agriculture Reorganization Act (7 U.S.C. 6991 et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of the margin protection program.
(Pub. L. 113–79, title I, § 1410, Feb. 7, 2014, 128 Stat. 693.)
heading: References in Text
text: The Department of Agriculture Reorganization Act, referred to in subsec. (c), probably means The Department of Agriculture Reorganization Act of 1994 which is title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209. Subtitle H of the Act is classified principally to subchapter VIII (§ 6991 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section is comprised of section 1410 of Pub. L. 113–79. Subsec. (d) of section 1410 of Pub. L. 113–79 amended section 7253 of this title.
7 U.S.C. § 9091 (AGRICULTURE)
§ 9091. Administration generally
(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
Except as otherwise provided in this subsection, not later than 90 days after February 7, 2014, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.
(2) Procedure
The promulgation of the regulations and administration of this chapter and the amendments made by this chapter and sections 11003 and 11017 shall be made without regard to—
(A) the notice and comment provisions of section 553 of title 5;
(B) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”); and
(C) 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.
(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) Adjustment authority related to trade agreements compliance
(1) Required determination; adjustment
If the Secretary determines that expenditures under 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) 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 the allowable levels.
(2) Congressional notification
Before making any adjustment under paragraph (1), 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 determination made under that paragraph and the extent of the adjustment to be made.
(Pub. L. 113–79, title I, § 1601, Feb. 7, 2014, 128 Stat. 704.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 658, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
Sections 11003 and 11017, referred to in subsec. (c)(2), mean sections 11003 and 11017 of Pub. L. 113–79, which enacted section 1508b of this title, amended section 1508 of this title and enacted provisions set out as a note under section 1508 of this title.