§ 1421. — Price support.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1421]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1421. Price support
(a) Source
The Secretary shall provide the price support authorized or required
herein through the Commodity Credit Corporation and other means
available to him.
(b) Authority of Secretary; factors considered
Except as otherwise provided in this Act, the amounts, terms, and
conditions of price support operations and the extent to which such
operations are carried out, shall be determined or approved by the
Secretary. The following factors shall be taken into consideration in
determining, in the case of any commodity for which price support is
discretionary, whether a price-support operation shall be undertaken and
the level of such support and, in the case of any commodity for which
price support is mandatory, the level of support in excess of the
minimum level prescribed for such commodity: (1) the supply of the
commodity in relation to the demand therefor, (2) the price levels at
which other commodities are being supported and, in the case of feed
grains, the feed values of such grains in relation to corn, (3) the
availability of funds, (4) the perishability of the commodity, (5) the
importance of the commodity to agriculture and the national economy, (6)
the ability to dispose of stocks acquired through a price-support
operation, (7) the need for offsetting temporary losses of export
markets, (8) the ability and willingness of producers to keep supplies
in line with demand and (9), in the case of upland cotton, changes in
the cost of producing such cotton.
(c) Compliance by producer; program for diverted acres
Compliance by the producer with acreage allotments, production goals
and marketing practices (including marketing quotas when authorized by
law), prescribed by the Secretary, may be required as a condition of
eligibility for price support. In administering any program for diverted
acres the Secretary may make his regulations applicable on an
appropriate geographical basis. Such regulations shall be administered
(1) in semiarid or other areas where good husbandry requires maintenance
of a prudent feed reserve in such manner as to permit, to the extent so
required by good husbandry, the production of forage crops for storage
and subsequent use either on the farm or in feeding operations of the
farm operator, and (2) in areas declared to be disaster areas by the
President under the Disaster Relief and Emergency Assistance Act [42
U.S.C. 5121 et seq.], in such manner as will most quickly restore the
normal pattern of their agriculture.
(d) Time of determining levels
The level of price support for any commodity shall be determined
upon the basis of its parity price as of the beginning of the marketing
year or season in the case of any commodity marketed on a marketing year
or season basis and as of January 1 in the case of any other commodity.
(e) Processors' assurances; payment if assurances inadequate
(1) Whenever any price support or surplus removal operation for any
agricultural commodity is carried out through purchases from or loans or
payments to processors, the Secretary shall, to the extent practicable,
obtain from the processors such assurances as he deems adequate that the
producers of the agricultural commodity involved have received or will
receive maximum benefits from the price support or surplus removal
operation.
(2)(A) If the assurances under paragraph (1) are not adequate to
cause the producers of sugar beets and sugarcane, because of the
bankruptcy or other insolvency of the processor, to receive maximum
benefits from the price support program within 30 days after the final
settlement date provided for in the contract between such producers and
processor, the Secretary, on demand made by such producers and on such
assurances as to nonpayment as the Secretary shall require, shall pay
such producers such maximum benefits less benefits previously received
by such producers.
(B) On such payment, the Secretary shall--
(i) be subrogated to all claims of such producers against the
processor and other persons responsible for nonpayment; and
(ii) have authority to pursue such claims as necessary to
recover the benefits not paid to the producers.
(C) The Secretary shall carry out this paragraph through the
Commodity Credit Corporation.
(Oct. 31, 1949, ch. 792, title IV, Sec. 401, 63 Stat. 1054; Aug. 28,
1954, ch. 1041, title II, Secs. 206, 207, 68 Stat. 901; Pub. L. 88-297,
title I, Sec. 103(c), Apr. 11, 1964, 78 Stat. 175; Pub. L. 99-198, title
IX, Sec. 903(a), Dec. 23, 1985, 99 Stat. 1444; Pub. L. 100-707, title I,
109(a)(1), Nov. 23, 1988, 102 Stat. 4708.)
References in Text
This Act, referred to in subsec. (b), is act Oct. 31, 1949, ch. 792,
63 Stat. 1051, as amended, known as the Agricultural Act of 1949, which
is classified principally to this chapter (Sec. 1421 et seq.). For
complete classification of this Act to the Code, see Short Title note
below and Tables.
The Disaster Relief and Emergency Assistance Act, referred to in
subsec. (c), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended,
known as the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, which is classified principally to chapter 68 (Sec. 5121 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 5121
of Title 42 and Tables.
Amendments
1988--Subsec. (c). Pub. L. 100-707, substituted ``the Disaster
Relief and Emergency Assistance Act'' for ``Public Law 875, Eighty-first
Congress''.
1985--Subsec. (e). Pub. L. 99-198 designated existing provisions as
par. (1) and added par. (2).
1964--Subsec. (b)(9). Pub. L. 88-297 added cl. (9).
1954--Subsec. (c). Act Aug. 28, 1954, Sec. 206, provided a program
for diverted acres.
Subsec. (e). Act Aug. 28, 1954, Sec. 207, added subsec. (e).
Effective Date of 1996 Amendment
Pub. L. 104-127, title II, Sec. 263(c), Apr. 4, 1996, 110 Stat. 974,
provided that: ``The amendments made by this section [repealing
provisions set out as notes under this section and section 1446 of this
title] shall be effective beginning with the 1996 crops of wheat, feed
grains, upland cotton, and rice.''
Effective Date of 1991 Amendment
Pub. L. 102-237, title XI, Sec. 1101, Dec. 13, 1991, 105 Stat. 1906,
provided that:
``(a) In General.--Except as otherwise provided in this Act, this
Act and the amendments made by this Act [see Tables for classification]
shall take effect on the date of enactment of this Act [Dec. 13, 1991].
``(b) Inclusion in Food, Agriculture, Conservation, and Trade Act of
1990.--The amendments made by the following provisions of this Act shall
take effect as if included in the provision of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624) to which the
amendment relates:
``(1) Section 201 [amending sections 5403, 5503, 5505, 5506, and
5822 of this title and provisions set out as a note under section
4201 of this title] (other than section 201(h) [enacting section
3125c of this title]).
``(2) Section 307 [amending section 1736bb-6 of this title].
``(3) Subsections (a) through (c), (e), (h), and (i) of section
501 [amending sections 1924, 1942, 1981, 1983, 2001, and 2006e of
this title].
``(4) Subsections (a), (b), (f) through (i), and (l) of section
502 [amending sections 2019, 2071, 2129, 2214, 2252, 2271, and
2278a-2 of Title 12, Banks and Banking].
``(5) Section 602(c) [amending provisions set out as a note
below].
``(6) Section 701 [amending sections 1926, 1926c, 1932, 1981,
1994, 2000, 2006f, 2008, 2008a, and 2008b of this title] (except as
provided in subsection (c) of this section).
``(7) Section 702 [amending sections 950aaa-1, 1926-1, 1991,
1994, 2007a, and 2007c to 2007e of this title and provisions set out
as a note under section 2006f of this title].
``(8) Section 703(c) [amending section 950aa of this title].
``(c) Miscellaneous Amendments to Consolidated Farm and Rural
Development Act.--The amendments made by section 701(h) of this Act
[amending sections 1926, 1932, 1981, 1994, and 2000 of this title] to
any provision specified therein shall take effect as if such amendments
had been included in the Act that added the provision so specified at
the time such Act became law.
``(d) Food and Nutrition Programs.--
``(1) In general.--Except as otherwise provided in this
subsection, title IX of this Act [amending sections 1431e, 2012,
2014, 2015, 2017, 2018, 2020, 2025, 2026, 2028, 2029, and 2031 of
this title, enacting provisions set out as notes under sections
2015, 2016, 2026, and 5930 of this title, and amending provisions
set out as notes under sections 612c and 2012 of this title], and
the amendments made by title IX of this Act, shall take effect and
be implemented no later than February 1, 1992.
``(2) PASS accounts exclusion.--
``(A) In general.--The amendment made by section 903(3) of
this Act [amending section 2014 of this title] shall take effect
on the earlier of--
``(i) the date of enactment of this Act [Dec. 13, 1991];
``(ii) October 1, 1990, for food stamp households for
which the State agency knew, or had notice, that a member of
the household had a plan for achieving self-support as
provided under section 1612(b)(4)(B)(iv) of the Social
Security Act (42 U.S.C. 1382a(b)(4)(B)(iv)); or
``(iii) beginning on the date that a fair hearing was
requested under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) contesting the denial of an exclusion for food stamp
purposes for amounts necessary for the fulfillment of such a
plan for achieving self-support.
``(B) Limitation on application of section.--Notwithstanding
section 11(b) of the Food Stamp Act of 1977 [section 2020(b) of
this title] (as redesignated by section 941(6) of this Act), no
State agency shall be required to search its files for cases to
which the amendment made by section 903(3) of this Act [amending
section 2014 of this title] applies, except where the
excludability of amounts described in section 5(d)(16) of the
Food Stamp Act of 1977 [section 2014(d)(16) of this title] (as
added by section 903(3) of this Act) was raised with the State
agency prior to the date of enactment of the Act [Dec. 13,
1991].
``(3) Performance standards for employment and training
programs.--The amendments made by section 908 [907, amending section
2015 of this title] of this Act shall take effect on September 30,
1991.
``(4) Recovery of claims caused by nonfraudulent household
errors.--The amendment made by section 911 of this Act [amending
section 2022 of this title] shall take effect on the date of
enactment of this Act [Dec. 13, 1991].
``(5) Definition of retail food store.--The amendment made by
section 913 of this Act [amending provisions set out as a note under
section 2012 of this title] shall take effect on October 1, 1990,
and shall not apply with respect to any period occurring before such
date.''
Effective Date of 1990 Amendment
Pub. L. 101-624, title XI, Sec. 1171, Nov. 28, 1990, 104 Stat. 3521,
provided that:
``(a) In General.--Except as otherwise specifically provided in
title I through this title [see Tables for classification], such titles
and the amendments made by such titles shall become effective beginning
with the 1991 crop of an agricultural commodity.
``(b) Prior Crops.--Except as otherwise specifically provided and
notwithstanding any other provision of law, title I through this title,
and the amendments made by such titles, shall not affect the authority
of the Secretary of Agriculture to carry out a price support or
production adjustment program for any of the 1986 through 1990 crops of
an agricultural commodity established under a provision of law in effect
immediately before the effective date prescribed by subsection (a).''
Effective Date of 1985 Amendment
Section 903(b) of Pub. L. 99-198 provided that: ``The amendments
made by this section [amending this section] shall apply to nonpayments
occurring after January 1, 1985.''
Short Title of 1993 Amendment
Pub. L. 103-66, title I, Sec. 1001(a), Aug. 10, 1993, 107 Stat. 312,
provided that: ``This title [enacting sections 936c and 1314i of this
title and section 460l-6c of Title 16, Conservation, amending sections
511r, 608b, 1308, 1308-3, 1314c, 1314e, 1358-1, 1359a, 1359bb, 1441-2,
1444-2, 1444f, 1445, 1445-1, 1445-2, 1445b-3a, 1445c-3, 1445j, 1446e,
1446f, 1446g, 1446h, 1463, 1465, 1469, 1506, 1508, 1508a, 1782, 1783,
1785, 5623, and 5641 of this title and sections 3830, 3831, and 3837 of
Title 16, enacting provisions set out as notes under sections 936c,
1446e, 1506, and 5623 of this title, and amending provisions set out as
notes under this section and sections 608c and 1445b-3a of this title]
may be cited as the `Agricultural Reconciliation Act of 1993'.''
Short Title of 1991 Amendment
Pub. L. 102-237, Sec. 1, Dec. 13, 1991, 105 Stat. 1818, provided
that: ``This Act [see Tables for classification] may be cited as the
`Food, Agriculture, Conservation, and Trade Act Amendments of 1991'.''
Short Title of 1990 Amendments
Pub. L. 101-624, Sec. 1(a), Nov. 28, 1990, 104 Stat. 3359, provided
that: ``This Act [see Tables for classification] may be cited as the
`Food, Agriculture, Conservation, and Trade Act of 1990'.''
Pub. L. 101-508, title I, Sec. 1001(a), Nov. 5, 1990, 104 Stat.
1388, provided that: ``This title [enacting section 940d of this title,
amending sections 511r, 1441-2, 1444-2, 1444f, 1445, 1445b-3a, 1445c-3,
1445j, 1446e, 1446f to 1446h, 1722, 1736, 1736a, 1783, 1994, 1999, and
5822 of this title and section 136a of Title 21, Food and Drugs,
enacting provisions set out as notes under this section and sections
136w, 511r, and 1445b-3a of this title, and amending provisions set out
as a note under this section] may be cited as the `Agricultural
Reconciliation Act of 1990'.''
Short Title of 1989 Amendments
Pub. L. 101-239, title I, Sec. 1001(a), Dec. 19, 1989, 103 Stat.
2106, provided that: ``This title [enacting section 1433d of this title,
amending sections 1444e, 1445b-2, 1446, 1464, and 1736s of this title,
enacting provisions set out as notes under sections 1433d, 1444e, 1445b-
2, 1446, and 1464 of this title and section 2278b-9 of Title 12, Banks
and Banking, and amending provisions set out as a note under this
section] may be cited as the `Agricultural Reconciliation Act of
1989'.''
Pub. L. 101-82, Sec. 1(a), Aug. 14, 1989, 103 Stat. 564, provided
that: ``This Act [enacting sections 1508a and 1926a of this title and
section 493 of Title 25, Indians, amending sections 1359, 1464, 1471d,
and 1471e of this title and section 2202 of Title 16, Conservation,
enacting provisions set out as notes under this section and sections
1359, 1464, 1926a, 1929a, 1941, and 1961 of this title and sections 2202
and 2203 of Title 16, and amending provisions set out as a note under
this section] may be cited as the `Disaster Assistance Act of 1989'.''
Short Title of 1988 Amendments
Pub. L. 100-418, title II, Sec. 2221, Aug. 23, 1988, 102 Stat. 1336,
provided that: ``This part [part II (Secs. 2221-2227) of subtitle B of
title II of Pub. L. 100-418, which amended section 1431 of this title
and enacted provisions set out as notes under section 1431 of this
title] may be cited as the `American Aid to Poland Act of 1988'.''
Pub. L. 100-387, Sec. 1, Aug. 11, 1988, 102 Stat. 924, provided:
``That this Act [see Tables for classification] may be cited as the
`Disaster Assistance Act of 1988'.''
Section 601 of title VI of act Oct. 31, 1949, ch. 792, as added Aug.
11, 1988, Pub. L. 100-387, title I, Sec. 101(a), 102 Stat. 925, provided
that: ``This title [enacting sections 1471 to 1471j of this title] may
be cited as the `Emergency Livestock Feed Assistance Act of 1988'.''
Short Title of 1987 Amendments
Pub. L. 100-203, title I, Sec. 1001(a), Dec. 22, 1987, 101 Stat.
1330, provided that: ``This title [enacting sections 940b, 940c, 944a,
1308-1 to 1308-3, and 2030 of this title, amending sections 608c, 946,
948, 1308, 1308-1, 1314b, 1314c, 1423, 1431, 1441-1, 1444, 1444-1,
1444e, 1445, 1445b-2, 1445b-3, 1445c-2, 1446, 1466, 1782, 1932, and 2371
of this title and section 713a-11 of Title 15, Commerce and Trade,
enacting provisions set out as notes under sections 936a, 948, 1308 to
1308-3, 1441-1, 1444, 1444-1, 1444e, 1445, 1445b-2, 1445b-3, 1445c-2,
1446, 1466, and 1508 of this title, sections 713a-11 and 714b of Title
15, and section 7545 of Title 42, The Public Health and Welfare, and
amending provisions set out as a note under this section] may be cited
as the `Agricultural Reconciliation Act of 1987'.''
Pub. L. 100-45, Sec. 1, May 27, 1987, 101 Stat. 318, provided:
``That this Act [amending sections 1441-1, 1444-1, 1444e, 1445b-3, and
1446 of this title and section 701n of Title 33, Navigation and
Navigable Waters, and enacting provisions set out as notes under
sections 1441-1, 1444-1, 1444e, 1445b-3, and 1446 of this title and
section 3835 of Title 16, Conservation] may be cited as the `Farm
Disaster Assistance Act of 1987'.''
Short Title of 1984 Amendment
Pub. L. 98-258, Sec. 1, Apr. 10, 1984, 98 Stat. 130, provided:
``That this Act [enacting section 1981b of this title, amending sections
1431, 1441, 1444, 1444d, 1445b-1, 1943, 1946, 1961, 1964, 1986, and 1994
of this title, enacting provisions set out as notes under sections 1921,
1961, and 1981 of this title, and amending provisions set out as a note
preceding section 1961 of this title] may be cited as the `Agricultural
Programs Adjustment Act of 1984'.''
Short Title of 1983 Amendments
Pub. L. 98-180, Sec. 1, Nov. 29, 1983, 97 Stat. 1128, provided:
``That this Act [enacting sections 511r, 4501 to 4514, and 4531 to 4538
of this title, amending section 608c, 1314b, 1314b-1, 1314b-2, 1314c,
1314d, 1314e, 1379, 1445, 1445-1, 1445-2, and 1446 of this title, and
enacting provisions set out as notes under this section and sections
1314b, 1314c, 1314e, 1427, 1445, 1446, and 1727g of this title] may be
cited as the `Dairy and Tobacco Adjustment Act of 1983'.''
Pub. L. 98-180, title I, Sec. 101, Nov. 29, 1983, 97 Stat. 1128,
provided that: ``This title [enacting sections 4501 to 4513 of this
title, amending section 1446 of this title, and enacting provisions set
out as notes under section 1446 of this title] may be cited as the
`Dairy Production Stabilization Act of 1983'.''
Pub. L. 98-180, title II, Sec. 201, Nov. 29, 1983, 97 Stat. 1143,
provided that: ``This title [enacting section 511r of this title,
amending sections 1314b, 1314b-1, 1314b-2, 1314c, 1314d, 1314e, 1379,
1445, 1445-1, and 1445-2 of this title, and enacting provisions set out
as notes under sections 1314b, 1314c, 1314e, and 1445 of this title] may
be cited as the `Tobacco Adjustment Act of 1983'.''
Pub. L. 98-88, Sec. 1, Aug. 26, 1983, 97 Stat. 494, provided: ``That
this Act [amending sections 1308, 1427, 1441, and 1444 of this title,
repealing section 1347 of this title, and enacting provisions set out as
notes under sections 1342, 1347, and 1444 of this title] may be cited as
the `Extra Long Staple Cotton Act of 1983'.''
Short Title of 1982 Amendment
Pub. L. 97-358, Sec. 1, Oct. 21, 1982, 96 Stat. 1714, provided:
``That this Act [enacting section 1433b of this title] may be cited as
the `Surplus Agricultural Commodities Disposal Act of 1982'.''
Short Title of 1980 Amendment
Pub. L. 96-213, Sec. 1, Mar. 18, 1980, 94 Stat. 119, provided:
``That this Act [amending sections 1308, 1309, 1441, 1444, 1444c, and
1445b of this title, and enacting provisions set out as notes under
sections 1308 and 1309 of this title] may be cited as the `Agricultural
Adjustment Act of 1980'.''
Short Title
Section 1 of act Oct. 31, 1949, provided that: ``This Act [enacting
this section and sections 1422 to 1431, 1432, 1433, 1441, 1443 to 1445a,
1446, 1446a, 1446d, 1447 to 1449, and 1461 to 1468 of this title,
amending sections 612c, 1301, 1322, 1328, 1343, 1344, 1345, and 1353 to
1356 of this title, and repealing section 1302 of this title; amending
sections 1134c and 1134j of Title 12, Banks and Banking, section 713a-4
of Title 15, Commerce and Trade, section 410 of Title 42, The Public
Health and Welfare] may be cited as the `Agricultural Act of 1949'.''
Repeals
Section 414 of act Oct. 31, 1949, provided in part that: ``any
provision of law in conflict with the provisions of this Act [see Short
Title note set out above] are hereby repealed.''
Regulations
Pub. L. 106-224, title II, Sec. 263, June 20, 2000, 114 Stat. 427,
provided that:
``(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act [June 20, 2000], the Secretary and the Commodity
Credit Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement this title and the amendments made by this
title [see Tables for classification]. The promulgation of the
regulations and administration of this title shall be made without
regard to--
``(1) the notice and comment provisions of section 553 of title
5, United States Code;
``(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of
proposed rulemaking and public participation in rulemaking; and
``(3) chapter 35 of title 44, United States Code (commonly known
as the `Paperwork Reduction Act').
``(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.''
Separability Provision for Pub. L. 101-624
Pub. L. 101-624, title XXV, Sec. 2518, formerly Sec. 2519, Nov. 28,
1990, 104 Stat. 4078; renumbered Sec. 2518 by Pub. L. 104-66, title I,
Sec. 1101(h), Dec. 21, 1995, 109 Stat. 710, provided that: ``If any
provision of this Act [see Short Title of 1990 Amendment note above] or
the application thereof to any person or circumstance is held invalid,
the invalidity shall not affect other provisions or applications of this
Act which can be given effect without regard to the invalid provision or
application, and to this end the provisions of this Act are severable.''
Separability Provision for Pub. L. 98-180
Pub. L. 98-180, title III, Sec. 305, Nov. 29, 1983, 97 Stat. 1152,
provided that: ``Except as otherwise provided in this Act [see Short
Title of 1983 Amendment note above], if any provision of this Act or the
application thereof to any person or circumstances is held invalid, the
validity of the remainder of this Act and of the application of such
provision to other persons and circumstances shall not be affected
thereby.''
Exceptions From Transfer of Functions
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of Commodity
Credit Corporation; and Farm Credit Administration or any agency,
officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set
out as a note under section 2201 of this title.
Inapplicability of Section
Section inapplicable to 2002 through 2007 crops of covered
commodities, peanuts, and sugar and inapplicable to milk during period
beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10)
of this title.
Section inapplicable to 1996 through 2002 crops of loan commodities,
peanuts, and sugar and inapplicable to milk during period beginning Apr.
4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this
title.
Crop and Pasture Flood Compensation Program
Pub. L. 106-224, title II, Sec. 257(a)-(d), June 20, 2000, 114 Stat.
424, 425, provided that:
``(a) Definition of Covered Land.--In this section:
``(1) In general.--The term `covered land' means land that--
``(A) was unusable for agricultural production during the
2000 crop year as the result of flooding;
``(B) was used for agricultural production during at least
one of the 1992 through 1999 crop years;
``(C) is a contiguous parcel of land of at least 1 acre; and
``(D) is located in a county in which producers were
eligible for assistance under the 1998 Flood Compensation
Program established under part 1439 of title 7, Code of Federal
Regulations.
``(2) Exclusions.--The term `covered land' excludes any land for
which a producer is insured, enrolled, or assisted during the 2000
crop year under--
``(A) a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
``(B) the noninsured crop assistance program operated under
section 196 of the Agricultural Market Transition Act (7 U.S.C.
7333);
``(C) any crop disaster program established for the 2000
crop year;
``(D) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.);
``(E) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D of the Food Security Act
of 1985 (16 U.S.C. 3837 et seq.);
``(F) any emergency watershed protection program or Federal
easement program that prohibits crop production or grazing; or
``(G) any other Federal or State water storage program, as
determined by the Secretary.
``(b) Compensation.--The Secretary shall use not more than
$24,000,000 of funds of the Commodity Credit Corporation to compensate
producers with covered land described with respect to losses from long-
term flooding.
``(c) Payment Rate.--The payment rate for compensation provided to a
producer under this section shall equal the average county cash rental
rate per acre established by the National Agricultural Statistics
Service for the 2000 crop year.
``(d) Payment Limitation.--The total amount of payments made to a
person (as defined in section 1001(5) of the Food Security Act (7 U.S.C.
1308(5) [now 1308(e)])) under this section may not exceed $40,000.''
Restoration of Eligibility for Crop Loss Assistance
Pub. L. 106-224, title II, Sec. 259, June 20, 2000, 114 Stat. 426,
as amended by Pub. L. 106-472, title III, Sec. 315, Nov. 9, 2000, 114
Stat. 2081, provided that:
``(a) Effect of Change in Legal Structure.--In the case of an
individual or entity that was not eligible for a payment pursuant to
subsection (c) of section 1102 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
1999 (as contained in section 101(a) of division A of Public Law 105-
277; 7 U.S.C. 1421 note), solely because the individual or entity
changed the legal structure of the individual's or entity's farming
operation, the individual or entity shall be eligible for the payment
the individual or entity would have received pursuant to that subsection
had the individual or entity not changed the legal structure, less the
amount of any payment received by the individual or entity pursuant to
subsection (b) of that section.
``(b) Multiple Farming Operations.--
``(1) Eligible individuals.--In the case of an individual not
described in subsection (a) that farmed acreage as a producer as a
part of more than one farming operation, none of which received a
payment pursuant to subsection (c) of section 1102 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, the individual shall be
eligible for a payment pursuant to that subsection for losses that
the Secretary determines would have been eligible for compensation
with respect to that acreage based on the individual's interest in
the production from that acreage.
``(2) Reduction.--A payment made pursuant to paragraph (1) to an
individual shall be reduced by the amount of a payment made pursuant
to subsection (b) of that section 1102 attributed directly or
indirectly to the individual with respect to the acreage described
in paragraph (1).
``(c) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this section.''
Emergency and Disaster Assistance for Producers
Pub. L. 106-224, title II, subtitle A, June 20, 2000, 114 Stat. 398,
as amended by Pub. L. 106-387, Sec. 1(a) [title VIII, Sec. 816], Oct.
28, 2000, 114 Stat. 1549, 1549A-57, provided that:
``SEC. 201. MARKET LOSS ASSISTANCE.
``(a) In General.--The Secretary of Agriculture (referred to in this
title [see Tables for classification] as the `Secretary') shall use
funds of the Commodity Credit Corporation to provide assistance in the
form of a market loss assistance payment to owners and producers on a
farm that are eligible for a final payment for fiscal year 2000 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.).
``(b) Amount and Manner.--In providing payments under this section,
the Secretary shall--
``(1) use the same contract payment rates as are used under
section 802(b) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2000 (7
U.S.C. 1421 note; Public Law 106-78); and
``(2) provide the payments in a manner that is consistent with
section 802(c) of that Act.
``(c) Timing.--The Secretary shall make the payments required by
this section not earlier than September 1, 2000, and not later than
September 30, 2000.
``SEC. 202. OILSEEDS.
``(a) In General.--The Secretary shall use $500,000,000 of funds of
the Commodity Credit Corporation to make payments to producers of the
2000 crop of oilseeds that are eligible to obtain a marketing assistance
loan under section 131 of the Agricultural Market Transition Act (7
U.S.C. 7231).
``(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
``(1) a payment rate determined by the Secretary;
``(2) the acreage of the producers on the farm for the oilseed,
as determined under subsection (c); and
``(3) the yield of the producers on the farm for the oilseed, as
determined under subsection (d).
``(c) Acreage.--
``(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under subsection
(b)(2) shall be equal to the number of acres planted to the oilseed
by the producers on the farm during the 1997, 1998, or 1999 crop
year, whichever is greatest, as reported by the producers on the
farm to the Secretary (including any acreage reports that are filed
late).
``(2) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 2000 crop year but not the
1997, 1998, or 1999 crop year, the acreage of the producers for the
oilseed under subsection (b)(2) shall be equal to the number of
acres planted to the oilseed by the producers on the farm during the
2000 crop year, as reported by the producers on the farm to the
Secretary (including any acreage reports that are filed late).
``(d) Yield.--
``(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greatest of--
``(A) the average county yield per harvested acre for each
of the 1995 through 1999 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre; or
``(B) the actual yield of the producers on the farm for the
1997, 1998, or 1999 crop year.
``(2) Other oilseeds.--Except as provided in paragraph (3), in
the case of oilseeds other than soybeans, the yield of the producers
on a farm under subsection (b)(3) shall be equal to the greatest
of--
``(A) the average national yield per harvested acre for each
of the 1995 through 1999 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre; or
``(B) the actual yield of the producers on the farm for the
1997, 1998, or 1999 crop year.
``(3) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 2000 crop year but not the
1997, 1998, or 1999 crop year, the yield of the producers on a farm
under subsection (b)(3) shall be equal to the greater of--
``(A) the average county yield per harvested acre for each
of the 1995 through 1999 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre; or
``(B) the actual yield of the producers on the farm for the
2000 crop.
``(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
``SEC. 203. SPECIALTY CROPS.
``(a) Replenishment of Perishable Agricultural Commodities Act
Fund.--Of the amount made available under section 261(a)(2) [114 Stat.
427], $30,450,000 shall--
``(1) be deposited in the Perishable Agricultural Commodities
Act Fund established by section 3(b)(5) of the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499c(b)(5));
``(2) be merged with other amounts in the Perishable
Agricultural Commodities Act Fund; and
``(3) be available for the same purposes and for the same time
period as other amounts in the Perishable Agricultural Commodities
Act Fund.
``(b) Replenishment of Trust Funds for Services under Agricultural
Marketing Act of 1946.--Of the amount made available under section
261(a)(2) [114 Stat. 427], $29,000,000 shall--
``(1) be deposited in the trust fund account established to
cover the cost of inspection, certification, and identification
services provided under section 203(h) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1622(h));
``(2) be merged with other amounts in the trust fund account;
and
``(3) be available for the same purposes and for the same time
period as other amounts in the trust fund account.
``(c) Inspection Services Improvements.--Of the amount made
available under section 261(a)(2) [114 Stat. 427], $11,550,000 shall be
used by the Secretary to improve the infrastructure and system used for
inspecting fruits and vegetables, including improving--
``(1) the program used to train inspectors, including the
establishment of an inspector training center;
``(2) the technological resources used by inspectors;
``(3) the use of digital imaging by inspectors; and
``(4) the office space and grading tables used by inspectors.
``(d) Surplus Crop Purchases.--
``(1) Purchases.--Of the amount made available under section
261(a)(2) [114 Stat. 427], $200,000,000 shall be used by the
Secretary to purchase specialty crops that have experienced low
prices during the 1998 or 1999 crop years, including apples, black-
eyed peas, cherries, citrus, cranberries or cranberry products
(including cranberry juice concentrate and frozen cranberry fruit),
onions, melons, peaches, and potatoes.
``(2) Displacement.--The Secretary shall ensure that purchases
of specialty crops under this subsection will not displace purchases
by the Secretary under any other law.
``(e) Grower Compensation.--
``(1) Compensation.--Of the amount made available under section
261(a)(2) [114 Stat. 427], $25,000,000 shall be used by the
Secretary to compensate--
``(A) growers covered by the Secretary's Declaration of
Extraordinary Emergency published on March 2, 2000 (65 Fed. Reg.
11280), regarding the plum pox virus;
``(B) growers for losses due to Pierce's disease; and
``(C) commercial producers for losses due to citrus canker.
``(2) Report.--Not later than July 19, 2000, the Secretary, in
coordination with the Inspector General of the Department of
Agriculture, shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that analyzes--
``(A) the economic losses to the produce industry as a
result of allegations of false inspection certificates prepared
by graders of the Department of Agriculture at Hunts Point
Terminal Market, Bronx, New York; and
``(B) the restitution by the Secretary for persons damaged
as a result of losses described in subparagraph (A).
``(f) Apple Loans.--
``(1) Requirement.--The Secretary, acting through the Farm
Service Agency, shall use funds of the Commodity Credit Corporation
to make loans to producers of apples that are suffering economic
loss as the result of low prices for apples.
``(2) Term.--The term of a loan made under this subsection shall
be not more than 3 years.
``(3) Interest rate.--The interest rate for a loan made under
this subsection shall be at a rate equal to the then current cost of
money to the Government of the United States for loans of similar
maturity.
``(4) Security.--The Secretary may require a loan made under
this subsection to be secured by real property or such other
collateral as the Secretary considers appropriate and protects the
interests of the Federal Government.
``(5) Limitation.--The cost of all loans made under this
subsection shall not exceed $5,000,000.
``SEC. 204. OTHER COMMODITIES.
``(a) Peanuts.--
``(1) In general.--The Secretary shall use funds of the
Commodity Credit Corporation to provide payments to producers of
quota peanuts or additional peanuts to partially compensate the
producers for continuing low commodity prices, and increasing costs
of production, for the 2000 crop year.
``(2) Amount.--The amount of a payment made to producers on a
farm of quota peanuts or additional peanuts under paragraph (1)
shall be equal to the product obtained by multiplying--
``(A) the quantity of quota peanuts or additional peanuts
produced or considered produced by the producers; and
``(B) a payment rate equal to--
``(i) in the case of quota peanuts, $30.50 per ton; and
``(ii) in the case of additional peanuts, $16.00 per
ton.
``(b) Tobacco.--
``(1) Definitions.--In this subsection:
``(A) Eligible person.--The term `eligible person' means a
person that owns or operates, or produces eligible tobacco on, a
farm--
``(i) for which the quantity of quota of eligible
tobacco allotted to the farm under part I of subtitle B of
title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.) was reduced from the 1999 crop year to
the 2000 crop year; and
``(ii) that is used for the production of eligible
tobacco during the 2000 crop year.
``(B) Eligible tobacco.--The term `eligible tobacco' means
each of the following kinds of tobacco:
``(i) Flue-cured tobacco, comprising types 11, 12, 13,
and 14.
``(ii) Fire-cured tobacco, comprising type 21.
``(iii) Burley tobacco, comprising type 31.
``(iv) Cigar-filler and cigar-binder tobacco, comprising
types 42, 43, 44, 54, and 55.
``(2) Payments.--Effective beginning October 1, 2000, the
Secretary shall use $340,000,000 of funds of the Commodity Credit
Corporation to make payments to eligible persons.
``(3) Allocation of funds among states.--The funds made
available for eligible persons under paragraph (2) shall be
allocated among States in the following dollar amounts:
Alabama............................................ $100,000
Arkansas........................................... $1,000
Florida............................................ $2,500,000
Georgia............................................ $13,000,000
Indiana............................................ $5,400,000
Kansas............................................. $23,000
Kentucky........................................... $140,000,000
Missouri........................................... $2,000,000
North Carolina..................................... $100,000,000
Ohio............................................... $6,000,000
Oklahoma........................................... $1,000
South Carolina..................................... $15,000,000
Tennessee.......................................... $35,000,000
Virginia........................................... $19,000,000
Wisconsin.......................................... $675,000
West Virginia...................................... $1,300,000.
``(4) Allocation of funds among farms in a state.--The Secretary
shall divide the amount allocated to a State under paragraph (3)
among farms in the State based on the quota of eligible tobacco
available to each farm of an eligible person for the 2000 crop year.
``(5) Division of farm payments among eligible persons in a
state.--Not later than October 20, 2000, the Secretary shall divide
amounts made available to farms in a State under paragraph (4) among
eligible persons who are quota owners, quota lessees, and tobacco
producers on farms in the State, and make payments to the eligible
persons, on the basis of--
``(A) in the case of a State that is a party to the National
Tobacco Grower Settlement Trust, the formula in the Trust used
to allocate funds among quota owners, quota lessees, and tobacco
producers on farms in the State, with such adjustments as the
Secretary determines are necessary to enable the payments to be
made by October 20, 2000; or
``(B) in the case of a State that is not a party to the
National Tobacco Grower Settlement Trust, a formula established
by the Secretary.
``(6) Payments to eligible persons in georgia.--The Secretary
shall use the amount allocated to the State of Georgia under
paragraph (3) to make payments to eligible persons in Georgia only
if the State of Georgia agrees to use an equal amount (not to exceed
$13,000,000) to make payments at the same time, or subsequently, to
the same eligible persons in the same manner as provided for the
Federal payment under paragraphs (4) and (5).
``(7) Use for administrative costs.--None of the funds made
available under paragraphs (1) through (7) may be used to pay
administrative costs incurred in carrying out those paragraphs.
``(8) Transfer of allotments.--[Amended section 1314d of this
title.]
``(9) Burley tobacco inventories of producer associations.--
[Amended section 1314e of this title.]
``(10) Limitations on burley tobacco quota adjustments.--
[Amended section 1314e of this title.]
``(11) Lease and transfer of burley tobacco quota.--[Amended
section 1314e of this title.]
``(12) Recordkeeping and sale of burley tobacco quota and
acreage.--[Amended section 1314e of this title.]
``(c) Honey.--
``(1) In general.--The Secretary shall use funds of the
Commodity Credit Corporation to make available recourse loans to
producers of the 2000 crop of honey on fair and reasonable terms and
conditions, as determined by the Secretary.
``(2) Loan rate.--The loan rate for a loan under paragraph (1)
shall be equal to 85 percent of the average price of honey during
the 5-crop year period preceding the 2000 crop year, excluding the
crop year in which the average price of honey was the highest and
the crop year in which the average price of honey was the lowest in
the period.
``(d) Wool and Mohair.--
``(1) In general.--The Secretary shall use funds of the
Commodity Credit Corporation to make payments to producers of wool,
and producers of mohair, for the 1999 marketing year.
``(2) Payment rate.--The payment rate for payments made to
producers under paragraph (1) shall be equal to--
``(A) in the case of wool, 20 cents per pound; and
``(B) in the case of mohair, 40 cents per pound.
``(e) Cottonseed.--The Secretary shall use $100,000,000 of funds of
the Commodity Credit Corporation to provide assistance to producers and
first-handlers of the 2000 crop of cottonseed.
``SEC. 205. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS.
``(a) Eligible Producers.--Effective for the 2001 crop year, in the
case of a producer that would be eligible for a loan deficiency payment
under section 135 of the Agricultural Market Transition Act (7 U.S.C.
7235) for wheat, barley, or oats, but that elects to use acreage planted
to the wheat, barley, or oats for the grazing of livestock, the
Secretary shall make a payment to the producer under this section if the
producer enters into an agreement with the Secretary to forgo any other
harvesting of the wheat, barley, or oats on that acreage.
``(b) Payment Amount.--The amount of a payment made to a producer on
a farm under this section shall be equal to the amount determined by
multiplying--
``(1) the loan deficiency payment rate determined under section
135(c) of the Agricultural Market Transition Act (7 U.S.C. 7235(c))
in effect, as of the date of the agreement, for the county in which
the farm is located; by
``(2) the payment quantity determined by multiplying--
``(A) the quantity of the grazed acreage on the farm with
respect to which the producer elects to forgo harvesting of
wheat, barley, or oats; and
``(B) the greater of--
``(i) the established yield for the crop on the farm; or
``(ii) the average county yield per harvested acre of
the crop, as determined by the Secretary.
``(c) Time, Manner, and Availability of Payment.--
``(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 135 of the Agricultural Market
Transition Act (7 U.S.C. 7235), except that the payment shall be
made not later than September 30, 2001.
``(2) Availability.--The Secretary shall establish an
availability period for the payment authorized by this section that
is consistent with the availability period for wheat, barley, and
oats established by the Secretary for marketing assistance loans
authorized by subtitle C of the Agricultural Market Transition Act
(7 U.S.C. 7231 et seq.).
``(d) Regulations.--The Secretary shall promulgate under section 263
[set out as a note above] such regulations as are necessary to
administer the payments authorized by this section in a fair and
equitable manner with respect to producers of wheat and feed grains that
do not receive a payment under this section.
``(e) Funding.--The Secretary shall use funds of the Commodity
Credit Corporation to carry out this section.
``SEC. 206. EXPANSION OF PRODUCERS ELIGIBLE FOR LOAN DEFICIENCY
PAYMENTS.
``[Amended section 7235 of this title.]''
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title I], Nov. 29, 1999,
113 Stat. 1536, 1501A-290, provided in part that: ``For an additional
amount for specialty crop assistance authorized by section 803(c)(1) of
Public Law 106-78 [set out below], $2,800,000: Provided, That the
definition of eligible persons in section 803(c)(2) of Public Law 106-78
shall include producers who have suffered quality or quantity losses due
to natural disasters on crops harvested and placed in a warehouse and
not sold.''
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title I], Nov. 29, 1999,
113 Stat. 1536, 1501A-290, as amended by Pub. L. 106-387, Sec. 1(a)
[title VIII, Sec. 802], Oct. 28, 2000, 114 Stat. 1549, 1549A-49,
provided in part that: ``For an additional amount for livestock
assistance authorized by section 805 of Public Law 106-78 [set out
below], $10,000,000: Provided, That the Secretary of Agriculture may use
this additional amount to provide assistance to persons who raise
livestock owned by other persons for income losses sustained with
respect to livestock from January 1, 1999, through February 7, 2000 if
the Secretary finds that such losses are the result of natural
disasters.''
Pub. L. 106-78, title VIII, Oct. 22, 1999, 113 Stat. 1175, as
amended by Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title I, Sec. 102],
Nov. 29, 1999, 113 Stat. 1536, 1501A-291, provided that:
``Subtitle A--Crop and Market Loss Assistance
``SEC. 801. CROP LOSS ASSISTANCE.
``(a) In General.--The Secretary of Agriculture (referred to in this
title as the `Secretary') shall use $1,200,000,000 of funds of the
Commodity Credit Corporation to make emergency financial assistance
available to producers on a farm that have incurred losses in a 1999
crop due to a disaster, as determined by the Secretary.
``(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 1102 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277), including using the same loss thresholds as were used in
administering that section.
``(c) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are, as determined by the
Secretary--
``(1) quantity losses;
``(2) quality losses; or
``(3) severe economic losses due to damaging weather or related
condition.
``(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested, livestock, and fisheries), as determined by the
Secretary, due to disasters.
``(e) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that have
purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
``(f) Rice Loan Deficiency Payments.--In the case of producers of
the 1999 crop of rice that harvested such rice on or before August 4,
1999, the Secretary may use funds made available under this section to--
``(1) make loan deficiency payments to producers that received,
or that were eligible to receive, such payments under section 135 of
the Agricultural Market Transition Act (7 U.S.C. 7235) in a manner
that results in the same total payment that would have been made if
the payment had been requested by the producers on August 5, 1999;
and
``(2) recalculate any repayment made for a marketing assistance
loan for the 1999 crop of rice on or before August 4, 1999, as if
the repayment had been made on August 5, 1999.
``(g) Honey Recourse Loans.--
``(1) In general.--Notwithstanding any other provision of law,
in order to assist producers of honey to market their honey in an
orderly manner during a period of disastrously low prices, the
Secretary may use funds made available under this section to make
available recourse loans to producers of the 1999 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
``(2) Loan rate.--The loan rate of the loans shall be 85 percent
of the average price of honey during the 5-crop year period
preceding the 1999 crop year, excluding the crop year in which the
average price of honey was the highest and the crop year in which
the average price of honey was the lowest in the period.
``(h) Recourse Loans for Mohair.--
``(1) In general.--Subject to paragraph (2) and notwithstanding
any other provision of law, during fiscal year 2000, the Secretary
may use funds made available under this section to make recourse
loans available in accordance with section 137(c) of the
Agricultural Market Transition Act (7 U.S.C. 7237(c)) to producers
of mohair produced during or before that fiscal year.
``(2) Interest.--Section 137(c)(4) of that Act shall not apply
to a loan made under paragraph (1).
``SEC. 802. MARKET LOSS ASSISTANCE.
``(a) Assistance Authorized.--The Secretary shall use not more than
$5,544,453,000 of funds of the Commodity Credit Corporation to provide
assistance to owners and producers on a farm that are eligible for final
payments for fiscal year 1999 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.).
``(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the contract payment received by the owners and producers for
fiscal year 1999 under a production flexibility contract for the farm
under the Agricultural Market Transition Act.
``(c) Protection of Tenants and Sharecroppers; Sharing of
Payments.--Sections 111(c) and 114(g) of the Agricultural Market
Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the payments
made under subsection (a).
``SEC. 803. SPECIALTY CROPS.
``(a) Peanuts.--
``(1) In general.--The Secretary shall use such amounts as are
necessary of funds of the Commodity Credit Corporation to provide
payments to producers of quota peanuts or additional peanuts to
partially compensate the producers for continuing low commodity
prices, and increasing costs of production, for the 1999 crop year.
``(2) Amount.--The amount of a payment made to producers on a
farm of quota peanuts or additional peanuts under paragraph (1)
shall be equal to the product obtained by multiplying--
``(A) the quantity of quota peanuts or additional peanuts
produced or considered produced by the producers; and
``(B) an amount equal to 5 percent of the loan rate
established for quota peanuts or additional peanuts,
respectively, under section 155 of the Agricultural Market
Transition Act ([former] 7 U.S.C. 7271).
``(b) Condition on Payment of Salaries and Expenses.--None of the
funds appropriated or otherwise made available by this Act or any other
Act may be used to pay the salaries and expenses of personnel of the
Department of Agriculture to carry out or enforce section 156(f) of the
Agricultural Market Transition Act ([former] 7 U.S.C. 7272(f)) through
fiscal year 2001.
``(c) Tobacco.--
``(1) In general.--The Secretary shall use $328,000,000 of funds
of the Commodity Credit Corporation to make payments to States on
behalf of persons described in paragraph (2) for the reduction in
the quantity of quota allotted to certain farms under part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1311 et seq.) from the 1998 crop year to the 1999 crop
year.
``(2) Eligible persons.--To be eligible to receive a payment
under paragraphs (1) through (5), a person must own or operate, or
produce tobacco on, a farm--
``(A) for which the quantity of quota allotted to the farm
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced from
the 1998 crop year to the 1999 crop year; and
``(B) that was used for the production of tobacco during the
1998 or 1999 crop year.
``(3) Allocation to states.--The Secretary shall allocate funds
made available under paragraph (1) to States with eligible persons
described in paragraph (2) in proportion to the relative quantity of
quota allotted to farms in the States that was reduced from the 1998
crop year to the 1999 crop year.
``(4) Distribution by states.--
``(A) In general.--In the case of a State described in
paragraph (3) that is a party to the National Tobacco Grower
Settlement Trust, the State shall distribute funds made
available under paragraph (3) to eligible persons in the State
in accordance with the formulas established pursuant to the
Trust.
``(B) Other states.--Subject to the approval of the
Secretary, in the case of a State described in paragraph (3)
that is not a party to the National Tobacco Grower Settlement
Trust, the State shall distribute funds made available under
paragraph (3) to eligible persons in the State in a manner
determined by the State.
``(5) Alternative distribution.--In lieu of making payments
under this subsection to States, the Secretary may distribute funds
directly to eligible persons using the facilities of private
disbursing agents, facilities of the Farm Service Agency, or other
available facilities.
``(6) Flue-cured tobacco.--
``(A) Limitation on quantity of allotment leased or sold.--
[Amended section 1314b of this title.]
``(B) Transfers of quota or allotment across county lines in
a state.--[Amended section 1314b of this title.]
``(C) Same grower in contiguous counties.--[Amended section
1379 of this title.]
``SEC. 804. OILSEEDS.
``(a) In General.--The Secretary shall use $475,000,000 of funds of
the Commodity Credit Corporation to make payments to producers of the
1999 crop of oilseeds that are eligible to obtain a marketing assistance
loan under section 131 of the Agricultural Market Transition Act (7
U.S.C. 7231).
``(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
``(1) a payment rate determined by the Secretary;
``(2) the acreage of the producers on the farm for the oilseed,
as determined under subsection (c); and
``(3) the yield of the producers on the farm for the oilseed, as
determined under subsection (d).
``(c) Acreage.--
``(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under subsection
(b)(2) shall be equal to the greater of--
``(A) the number of acres planted to the oilseed by the
producers on the farm during the 1997 crop year, as reported by
the producers on the farm to the Secretary (including any
acreage reports that are filed late); or
``(B) the number of acres planted to the oilseed by the
producers on the farm during the 1998 crop year, as reported by
the producers on the farm to the Secretary (including any
acreage reports that are filed late).
``(2) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not the
1997 or 1998 crop year, the acreage of the producers for the oilseed
under subsection (b)(2) shall be equal to the number of acres
planted to the oilseed by the producers on the farm during the 1999
crop year, as reported by the producers on the farm to the Secretary
(including any acreage reports that are filed late).
``(d) Yield.--
``(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greatest of--
``(A) the average county yield per harvested acre for each
of the 1994 through 1998 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre;
``(B) the actual yield of the producers on the farm for the
1997 crop year; or
``(C) the actual yield of the producers on the farm for the
1998 crop year.
``(2) Other oilseeds.--Except as provided in paragraph (3), in
the case of oilseeds other than soybeans, the yield of the producers
on a farm under subsection (b)(3) shall be equal to the greatest
of--
``(A) the average national yield per harvested acre for each
of the 1994 through 1998 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre;
``(B) the actual yield of the producers on the farm for the
1997 crop year; or
``(C) the actual yield of the producers on the farm for the
1998 crop year.
``(3) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 1999 crop year but not the
1997 or 1998 crop year, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
``(A) the average county yield per harvested acre for each
of the 1994 through 1998 crop years, excluding the crop year
with the highest yield per harvested acre and the crop year with
the lowest yield per harvested acre; or
``(B) the actual yield of the producers on the farm for the
1999 crop.
``(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
``SEC. 805. LIVESTOCK AND DAIRY.
``The Secretary shall use $325,000,000 of funds of the Commodity
Credit Corporation to provide assistance directly to livestock and dairy
producers, in a manner determined appropriate by the Secretary, to
compensate the producers for economic losses incurred during 1999.
``SEC. 806. UPLAND COTTON.
``[Amended section 7236 of this title.]
``SEC. 807. MILK
``(a) In General.--[Amended section 7251 of this title.]
``(b) Conforming Amendment.--[Amended former section 7252 of this
title.]
``Subtitle B--Other Assistance
``SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING PAYMENTS
UNDER PRODUCTION FLEXIBILITY CONTRACTS.
``[Amended section 7212 of this title.]
``SEC. 812. COMMODITY CERTIFICATES.
``[Enacted section 7286 of this title.]
``SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY
PAYMENTS.
``(a) In General.--Notwithstanding section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(1) [former 1308(2)]), the total
amount of the payments specified in section 1001(3) of that Act that a
person shall be entitled to receive under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) for one or more contract
commodities and oilseeds produced during the 1999 crop year may not
exceed $150,000.
``(b) 1999 Marketings.--In carrying out subsection (a), the
Secretary shall allow a producer that has marketed a quantity of an
eligible 1999 crop for which the producer has not received a loan
deficiency payment or marketing loan gain under section 134 or 135 of
the Agricultural Market Transition Act (7 U.S.C. 7234, 7235) to receive
such payment or gain as of the date on which the quantity was marketed
or redeemed, as determined by the Secretary.
``SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE
COVERAGE.
``The Secretary shall transfer $400,000,000 of funds of the
Commodity Credit Corporation to the Federal Crop Insurance Corporation
to be used to assist agricultural producers in purchasing additional
coverage for the 2000 crop year (and 2001 crop year for citrus fruit,
avocados in California, and macadamia nuts) under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
``SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL LOANS.
``The Secretary shall forgive the principal indebtedness and accrued
interest owed by the City of Stroud, Oklahoma, to the Rural Utilities
Service on water and waste disposal loans numbered 9105 and 9107.
``SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
``[Amended section 2008j of this title.]
``SEC. 817. FISHERIES.
``(a) Norton Sound Fisheries Failure.--
``(1) Income eligibility.--[Amended section 101(a) [title VII,
Sec. 763(a)] of Pub. L. 105-277, 112 Stat. 2681-36.]
``(2) Emergency assistance.--[Amended section 101(a) [title XI,
Sec. 1124] of Pub. L. 105-277, set out below.]
``(3) Appropriation.--
``(A) In general.--In addition to amounts appropriated or
otherwise made available by this Act [see Tables for
classification], there is appropriated to the Department of
Agriculture for fiscal year 2001, out of any money in the
Treasury not otherwise appropriated, $15,000,000, to remain
available until expended, to provide emergency disaster
assistance to persons or entities affected by the 1999 fisheries
failure in the Norton Sound region of Alaska.
``(B) Transfer.--To carry out this paragraph, the Secretary
shall transfer to the Secretary of Commerce for obligation and
expenditure--
``(i) $10,000,000 for fiscal year 2001 for grants under
section 209 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149); and
``(ii) $5,000,000 for fiscal year 2001 for carrying out
section 312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a).
``(b) Commercial Fisheries Failure.--
``(1) In general.--In addition to amounts appropriated or
otherwise made available by this Act, there is appropriated to the
Department of Agriculture for fiscal year 2001, out of any money in
the Treasury not otherwise appropriated, $15,000,000, to remain
available until expended, which shall be transferred to the
Department of Commerce to provide emergency disaster assistance for
the commercial fishery failure under section 308(b)(1) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1))
with respect to Northeast multispecies fisheries.
``(2) Use.--Amounts made available under this subsection shall
be used to support cooperative research and management activities
administered by the National Marine Fisheries Services and based on
recommendations by the New England Fishery Management Council.
``SEC. 818. SENSE OF THE CONGRESS REGARDING FAST-TRACK AUTHORITY AND
FUTURE WORLD TRADE ORGANIZATION NEGOTIATIONS.
``It is the sense of the Congress that--
``(1) the President should make a formal request for appropriate
fast-track authority for future United States trade negotiations;
``(2) regarding future World Trade Organization negotiations--
``(A) rules for trade in agricultural commodities should be
strengthened and trade-distorting import and export practices
should be eliminated or substantially reduced;
``(B) the rules of the World Trade Organization should be
strengthened regarding the practices or policies of a foreign
government that unreasonably--
``(i) restrict market access for products of new
technologies, including products of biotechnology; or
``(ii) delay or preclude implementation of a report of a
dispute panel of the World Trade Organization; and
``(C) negotiations within the World Trade Organization
should be structured so as to provide the maximum leverage
possible to ensure the successful conclusion of negotiations on
agricultural products;
``(3) the President should--
``(A) conduct a comprehensive evaluation of all existing
export and food aid programs, including--
``(i) the export credit guarantee program established
under section 202 of the Agricultural Trade Act of 1978 (7
U.S.C. 5622);
``(ii) the market access program established under
section 203 of that Act (7 U.S.C. 5623);
``(iii) the export enhancement program established under
section 301 of that Act (7 U.S.C. 5651);
``(iv) the foreign market development cooperator program
established under section 702 of that Act (7 U.S.C. 5722);
and
``(v) programs established under the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1691 et
seq.); and
``(B) transmit to Congress--
``(i) the results of the evaluation under subparagraph
(A); and
``(ii) recommendations on maximizing the effectiveness
of the programs described in subparagraph (A); and
``(4) the Secretary should carry out a purchase and donation or
concessional sales initiative in each of fiscal years 1999 and 2000
to promote the export of additional quantities of soybeans, beef,
pork, poultry, and products of such commodities (including soybean
meal, soybean oil, textured vegetable protein, and soy protein
concentrates and isolates) using programs established under--
``(A) the Commodity Credit Corporation Charter Act (15
U.S.C. 714 et seq.);
``(B) section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
``(C) titles I and II of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and
``(D) the Food for Progress Act of 1985 (7 U.S.C. 1736o).
``Subtitle C--Administration
``SEC. 821. COMMODITY CREDIT CORPORATION.
``The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
``SEC. 822. ADMINISTRATIVE COSTS.
``(a) Reservation of Funds.--Subject to subsections (b) and (c), the
Secretary may reserve up to $56,000,000 of the amounts made available
under subtitle A to cover administrative costs incurred by the Farm
Service Agency directly related to carrying out that subtitle.
``(b) Proportional Reservation.--The amount reserved by the
Secretary from the amounts made available under each section of subtitle
A (other than section 802) shall bear the same proportion to the total
amount reserved under subsection (a) as the administrative costs
incurred by the Farm Service Agency to carry out that section (other
than section 802) bear to the total administrative costs incurred by the
Farm Service Agency to carry out that subtitle (other than section 802).
``(c) Exception for Market Loss Assistance.--The Secretary may not
reserve any portion of the amount made available under section 802 to
pay administrative costs.
``SEC. 823. EMERGENCY REQUIREMENT.
``The entire amount necessary to carry out this title and the
amendments made by this title shall be available only to the extent that
an official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985 [see Short Title note set out under section 900 of
Title 2, The Congress], as amended, is transmitted by the President to
the Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act [2 U.S.C. 901(b)(2)(A)].
``SEC. 824. REGULATIONS.
``(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act [Oct. 22, 1999], the Secretary and the Commodity
Credit Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement subtitle A and the amendments made by
subtitle A. The promulgation of the regulations and administration of
subtitle A shall be made without regard to--
``(1) the notice and comment provisions of section 553 of title
5, United States Code;
``(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of
proposed rulemaking and public participation in rulemaking; and
``(3) chapter 35 of title 44, United States Code (commonly known
as the `Paperwork Reduction Act').
``(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
``SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.
``(a) Livestock Assistance.--Of the funds provided in sections 801
and 805, no less than $200,000,000 shall be in the form of assistance to
livestock producers for losses due to drought or other natural
disasters.
``(b) Dairy Assistance.--Of the funds provided in section 805, no
less than $125,000,000 shall be in the form of assistance to dairy
producers.
``(c) Form of Assistance.--Assistance for livestock losses shall be
in the form of grants and or other in-kind assistance, but shall not
include loans.''
Pub. L. 106-31, title I, Sec. 101, May 21, 1999, 113 Stat. 61,
provided that:
``(a) Crop Loss Assistance for Certain Multiyear Losses.--From funds
remaining in a reserve held under subsection (c) of section 1102 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public
Law 105-277; 112 Stat. 2681-43), for errors, omissions, and appeals, the
Secretary of Agriculture may use not more than 15 percent of the reserve
funds to provide assistance to a producer described in subsection (b)
who incurred losses to a commodity due to disasters in two crop years
during the five-crop year period beginning with the 1994 crop year.
``(b) Eligibility Criteria.--A producer on a farm is eligible for
assistance under subsection (a) only if--
``(1) the producer received a federally insured indemnity
payment for crop losses in two crop years of such five-crop year
period;
``(2) the producer acquired federally insured crop insurance in
one additional crop year during such period, but did not receive a
federally insured indemnity payment;
``(3) the producer received a non-federally insured indemnity
payment for crop losses in the crop year referred to in paragraph
(2); and
``(4) the producer does not receive a payment under subsection
(b) or (c) of such section 1102.
``(c) Crop Years Covered; Payment Rate.--Any payment to a producer
under subsection (a) may be paid only for losses incurred during the
crop years described in paragraph (1) of subsection (b). The payment
rate may not exceed the payment rate used under subsection (c) of such
section 1102.
``(d) Effect on Existing Authority.--Nothing in this section
authorizes the Secretary to delay the provision of crop loss assistance
under such section 1102, and the Secretary shall complete the payment of
multiyear assistance under subsection (c) of such section 1102 before
making any payment under the authority of this section.
``(e) Designation as Emergency Requirement.--Such sums as are
necessary to carry out the amendments made by subsection (a): Provided,
That such amount shall be available only to the extent an official
budget request, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended [see Short Title
note set out under section 900 of Title 2, The Congress], is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by the Congress as an emergency requirement under
section 251(b)(2)(A) of such Act [2 U.S.C. 901(b)(2)(A)].''
Pub. L. 106-31, title I, Sec. 104, May 21, 1999, 113 Stat. 62,
provided that: ``For an additional amount for the Livestock Assistance
Program under Public Law 105-277 [see section 101(a) [title XI] of Pub.
L. 105-277, set out below], $70,000,000: Provided, That for the purposes
of section 1103 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (Public
Law 105-277) [set out below], notwithstanding any other provision of law
or regulation, the definition of `livestock' shall include `reindeer':
Provided further, That the entire amount shall be available only to the
extent an official budget request for $70,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended [see Short Title note set out under
section 900 of Title 2, The Congress], is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act [2 U.S.C. 901(b)(2)(A)].''
Pub. L. 105-277, div. A, Sec. 101(a) [title XI], Oct. 21, 1998, 112
Stat. 2681, 2681-42, as amended by Pub. L. 106-31, title III, Sec. 3018,
May 21, 1999, 113 Stat. 99; Pub. L. 106-78, title VIII, Sec. 817(a)(2),
title IX, Sec. 913(b), Oct. 22, 1999, 113 Stat. 1184, 1205; Pub. L. 106-
387, Sec. 1(a) [title VII, Sec. 754], Oct. 28, 2000, 114 Stat. 1549,
1549A-42; Pub. L. 107-25, Sec. 9, Aug. 13, 2001, 115 Stat. 203, provided
that:
``Subtitle A--Emergency Assistance for Crop and Livestock Feed
Losses Due to Disasters
``SEC. 1101. GENERAL PROVISIONS.
``(a) Fair and Equitable Distribution.--Assistance made available
under this subtitle shall be distributed in a fair and equitable manner
to producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
``(b) Program Administration.--In carrying out this subtitle, the
Secretary of Agriculture (referred to in this title as the `Secretary')
may determine--
``(1) 1 or more loss thresholds producers on a farm must incur
with respect to a crop to be eligible for assistance;
``(2) the payment rate for crop and livestock feed losses
incurred; and
``(3) eligibility and payment limitation criteria (as defined by
the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to--
``(A) assistance made available under any other section of
this subtitle and subtitle B;
``(B) payments or loans received by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.);
``(C) payments received by a person for the 1998 crop under
the noninsured crop assistance program established under section
196 of that Act (7 U.S.C. 7333);
``(D) crop insurance indemnities provided for the 1998 crop
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
and
``(E) emergency loans made available for the 1998 crop under
subtitle C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961 et seq.).
``SEC. 1102. CROP LOSS ASSISTANCE.
``(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on a
farm who have incurred losses associated with crops due to disasters (as
determined by the Secretary).
``(b) Losses Incurred for 1998 Crop.--Subject to section 1132, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
``(c) Multiyear Losses.--Subject to section 1132, the Secretary
shall use not more than $875,000,000 to make available assistance to
producers on a farm who have incurred multiyear losses (as defined by
the Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
``(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
``(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
``(1) quantity losses;
``(2) quality (including, but not limited to, aflatoxin) losses;
or
``(3) severe economic losses due to damaging weather or related
condition.
``(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested), as determined by the Secretary, due to disasters.
``(g) Crop Insurance.--
``(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers on a
farm who have purchased crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
``(2) Encouraging future crop insurance participation.--Subject
to section 1132, the Secretary, acting through the Federal Crop
Insurance Corporation, may use the funds made available under
subsections (b) and (c), and only those funds, to provide premium
refunds or other assistance to purchasers of crop insurance for
their 1998 insured crops, or their preceding (including 1998)
insured crops.
``(3) Producers who have not purchased crop insurance for 1998
crop.--As a condition of receiving assistance under this section,
producers on a farm who have not purchased crop insurance for the
1998 crop under that Act shall agree by contract to purchase crop
insurance for the 1999 and 2000 crops produced by the producers.
``(4) Liquidated damages.--
``(A) In general.--The contract under paragraph (3) shall
provide for liquidated damages to be paid by the producers due
to the failure of the producers to purchase crop insurance as
provided in paragraph (3).
``(B) Notice of damages.--The amount of the liquidated
damages shall be established by the Secretary and specified in
the contract agreed to by the producers.
``(5) Funding for crop insurance purchase requirement.--Subject
to section 1132, such sums as may be necessary, to remain available
until expended, shall be available to the Federal Crop Insurance
Corporation to cover costs incurred by the Corporation as a result
of the crop insurance purchase requirement of paragraph (3). Funds
made available under subsections (b) and (c) may not be used to
cover such costs.
``SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.
``Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
``Subtitle B--Market Loss Assistance
``SEC. 1111. MARKET LOSS ASSISTANCE.
``(a) In General.--Subject to section 1132 and except as provided in
subsection (d), the Secretary shall use not more than $3,057,000,000 for
assistance to owners and producers on a farm who are eligible for final
payments for fiscal year 1998 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.) to partially compensate the owners and producers for the loss
of markets for the 1998 crop of a commodity.
``(b) Amount.--Except as provided in subsection (d), the amount of
assistance made available to owners and producers on a farm under this
section shall be proportional to the amount of the contract payment
received by the owners and producers for fiscal year 1998 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act.
``(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act [Oct. 21, 1998].
``(d) Of the total amount provided under subsection (a),
$200,000,000 shall be available to provide assistance to dairy producers
in a manner determined by the Secretary: Provided, That no payments made
under this section shall affect any decision with respect to rulemaking
activities described under section 143 of Public Law 104-127 [7 U.S.C.
7253].
``Subtitle C--Other Assistance
``SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS.
``(a) Federal Contribution.--Subject to subsection (b), the
Secretary of Agriculture shall pay $5,000,000 to the State of Georgia to
help fund an indemnity fund, to be established and managed by that
State, to compensate cotton producers in that State for losses incurred
in 1998 or 1999 from the loss of properly stored, harvested cotton as
the result of the bankruptcy of a warehouseman or other party in
possession of warehouse receipts evidencing title to the commodity, an
improper conversion or transfer of the cotton, or such other potential
hazards as determined appropriate by the State.
``(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State--
``(1) contributes $5,000,000 to the indemnity fund and agrees to
expend all amounts in the indemnity fund by not later than January
1, 2002 (or as soon as administratively practical thereafter), to
provide compensation to cotton producers as provided in such
subsection;
``(2) requires the recipient of a payment from the indemnity
fund to repay the State, for deposit in the indemnity fund, the
amount of any duplicate payment the recipient otherwise recovers for
such loss of cotton, or the loss of proceeds from the sale of
cotton, up to the amount of the payment from the indemnity fund; and
``(3) agrees to deposit in the indemnity fund the proceeds of
any bond collected by the State for the benefit of recipients of
payments from the indemnity fund, to the extent of such payments.
``(c) Reporting Requirements.--The State of Georgia shall submit a
report to the Secretary of Agriculture and the Congress describing the
State's efforts to use the indemnity fund to provide compensation to
injured cotton producers.
``(d) Additional Disbursement to Cotton Ginners.--The State of
Georgia shall use funds remaining in the indemnity fund, after the
provision of compensation to cotton producers in Georgia under
subsection (a) (including cotton producers who file a contingent claim,
as defined and provided in section 5.1 of chapter 19 of title 2 of the
Official Code of Georgia), to compensate cotton ginners (as defined and
provided in such section) that--
``(1) incurred a loss as the result of--
``(A) the business failure of any cotton buyer doing
business in Georgia; or
``(B) the failure or refusal of any such cotton buyer to pay
the contracted price that had been agreed upon by the ginner and
the buyer for cotton grown in Georgia on or after January 1,
1997, and had been purchased or contracted by the ginner from
cotton producers in Georgia;
``(2) paid cotton producers the amount which the cotton ginner
had agreed to pay for such cotton received from such cotton
producers in Georgia; and
``(3) satisfy the procedural requirements and deadlines
specified in chapter 19 of title 2 of the Official Code of Georgia
applicable to cotton ginner claims.
``SEC. 1122. HONEY RECOURSE LOANS.
``(a) In General.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary shall
make available recourse loans to producers of the 1998 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
``(b) Loan Rate.--The loan rate of the loans shall be 85 percent of
the average price of honey during the 5-crop year period preceding the
1998 crop year, excluding the crop year in which the average price of
honey was the highest and the crop year in which the average price of
honey was the lowest in the period.
``(c) No Net Cost Basis.--Repayment of a loan under this section
shall include repayment for interest and administrative costs as
necessary to operate the program established under this section on a no
net cost basis: Provided, That no administrative costs shall be charged
against this program which would have been incurred otherwise.
``SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUCERS.
``Notwithstanding any of the provisions of section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333)
that would exclude the following producers from benefits thereunder, the
Secretary shall make Noninsured Crop Assistance Program payments in
fiscal year 1999 to raisin producers who obtained catastrophic risk
protection but because of adverse weather conditions were not able to
comply with the policy deadlines for laying the raisins in trays.
``SEC. 1124. EMERGENCY ASSISTANCE.
``In addition to amounts appropriated or otherwise made available by
this Act [probably means the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 1999, Pub.
L. 105-277, div. A, Sec. 101(a), Oct. 21, 1998, 112 Stat. 2681, see
Tables for classification], $50,000,000 is appropriated to the
Department of Agriculture, to remain available until expended, to
provide emergency disaster assistance to persons or entities who have
incurred losses from a failure under section 312(a) of Public Law 94-265
[16 U.S.C. 1861a(a)] or a fisheries failure in the Norton Sound region
of Alaska that has resulted in the closure of commercial and subsistence
fisheries to persons that depend on fish as their primary source of food
and income.
``SEC. 1125. FOOD FOR PROGRESS.
``[Amended section 1736o of this title.]
``SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHORITY.
``[Amended section 7237 of this title.]
``SEC. 1127. PILOT PROGRAMS.
``(a) Domestic Market Reporting Pilot Program.--[Enacted section
229a of this title.]
``(b) Export Market Reporting.--The Secretary shall--
``(1) implement a streamlined electronic system for collecting
export sales and shipments data, in the least intrusive manner
possible, for fresh or frozen muscle cuts of meat food products; and
``(2) develop a data-reporting program to disseminate summary
information in a timely manner (in the case of beef, consistent with
the reporting under section 602(a) of the Agricultural Trade Act of
1978 (7 U.S.C. 5712(a))).
``(c) Funding. --An amount of $250,000 is hereby appropriated to
carry out subsection (b).
``Subtitle D--Administration
``SEC. 1131. COMMODITY CREDIT CORPORATION.
``Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry
out subtitles A, B, and C of this title.
``SEC. 1132. EMERGENCY REQUIREMENT.
``Notwithstanding the last sentence of section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(b)(2)(A)], as amended, amounts made available by subtitles A, B, and
C of this title are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided, That such
amounts shall be available only to the extent that an official budget
request that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended [see Short Title note set out
under section 900 of Title 2, The Congress], is transmitted by the
President to Congress.
``SEC. 1133. REGULATIONS.
``(a) Issuance of Regulations.--As soon as practicable after the
date of enactment of this Act [Oct. 21, 1998], the Secretary and the
Commodity Credit Corporation, as appropriate, shall issue such
regulations as are necessary to implement subtitles A, B, and C of this
title. The issuance of the regulations shall be made without regard to--
``(1) the notice and comment provisions of section 553 of title
5, United States Code;
``(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of
proposed rulemaking and public participation in rulemaking; and
``(3) chapter 35 of title 44, United States Code (commonly known
as the `Paperwork Reduction Act').
``(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.''
[Amendment by section 913(b) of Pub. L. 106-78 to terminate 5 years
after Oct. 22, 1999, see section 942 of Pub. L. 106-78, set out in a
Livestock Mandatory Reporting note under section 1635 of this title.]
Programs for Farmers and Ranchers Who Were Activated Reservists During
Persian Gulf Conflict
Pub. L. 102-25, title III, Secs. 381-388, Apr. 6, 1991, 105 Stat.
95-98, established programs for farmers and ranchers who were activated
reservists during Persian Gulf conflict to provide for protection of
producer's crop acreage base for any program crop, waiver of minimum
planting requirement, temporary waiver of conservation requirements,
relief for borrowers under farm credit provisions, and authority of a
spouse or close relative to participate in programs administered by
Secretary of Agriculture on behalf of activated reservists.
Survey of Program Participants
Pub. L. 101-624, title XI, Sec. 1148, Nov. 28, 1990, 104 Stat. 3517,
directed Secretary of Agriculture to require producers, during sign-up
period for commodity programs under section 1421 et seq. of this title
in the 1992 calendar year, to complete survey regarding preference of
producers, either to increase efficiency of their farming operation or
to assist in meeting conservation requirements for farm, for
redistribution of any crop acreage bases on each producer's farm, to
compile and analyze data collected from survey to determine potential
increases and decreases in State, regional, and national acreage that
would be planted to various program crops, potential commodity program
costs or savings, and potential impact of such redistribution on
competitiveness of United States agriculture in world markets, and, not
later than Jan. 31, 1993, to submit to Congress results of survey.
Options Pilot Program
Pub. L. 101-624, title XI, subtitle E, Nov. 28, 1990, 104 Stat.
3518, as amended by Pub. L. 102-237, title I, Sec. 114(a)(2), Dec. 13,
1991, 105 Stat. 1838, known as Options Pilot Program Act of 1990,
authorized Secretary of Agriculture to conduct pilot program for each of
the 1991 through 1995 crops of corn and for each of the 1993 through
1995 crops of wheat and soybeans, to determine whether regulated
agricultural commodity options trading could be used by producers to
obtain protection from fluctuations in market prices of commodities
produced and impact of such trading on prices of the commodities,
authorized terms and conditions for participation in pilot program,
provided for consultation with representatives of commodity futures
trading industry, and provided that the pilot program was to be carried
out by and through the Commodity Credit Corporation, prior to repeal by
Pub. L. 104-127, title I, Sec. 191(i), Apr. 4, 1996, 110 Stat. 942.
Hurricane Hugo Forestry Assistance; Cost-Share Assistance
Pub. L. 101-624, title XXII, Sec. 2235(b), Nov. 28, 1990, 104 Stat.
3960, directed Secretary of Agriculture to develop and implement cost-
share program to provide financial assistance to owners of private
timber stands that were damaged in 1989 by Hurricane Hugo.
Appropriations for Forestry Assistance and Double Cropping on Disaster
Areas
Pub. L. 101-624, title XXII, Sec. 2235(c), Nov. 28, 1990, 104 Stat.
3961, provided that benefits or assistance provided under section 2235
of Pub. L. 101-624 or amendments made by such that (enacting provisions
set out above and amending provisions set out below) were to be provided
only to extent provided for in advance by appropriation acts and
authorized appropriations for fiscal years 1991 through 1995.
Scarce Federal Resources
Pub. L. 101-624, title XXV, Sec. 2515, Nov. 28, 1990, 104 Stat.
4075, authorized Secretary of Agriculture, after concurrence of certain
Members of Congress, to rank by priority studies or reports authorized
by Pub. L. 101-624 and determine which of those studies or reports was
to be completed, but directed Secretary to complete at least 12 of the
studies or reports.
Recordkeeping Improvement
Pub. L. 101-624, title XXV, Sec. 2516, Nov. 28, 1990, 104 Stat.
4075, which provided that section could be cited as ``Agricultural
Program Reporting and Recordkeeping Improvement Act of 1990'', directed
Secretary of Agriculture, not later than 240 days after Nov. 28, 1990,
to submit to Congress a report containing specific proposals for
reducing and simplifying recordkeeping and other paperwork required of
producers participating in programs administered by Secretary and
directed Secretary to take appropriate action to integrate various data
bases of Department relating to agricultural program data, and to
facilitate sharing of relevant data among various agencies of
Department.
Readjustment of Support Levels
Pub. L. 101-508, title I, Sec. 1302, Nov. 5, 1990, 104 Stat. 1388-
12, as amended by Pub. L. 103-66, title I, Sec. 1301(b), Aug. 10, 1993,
107 Stat. 330, provided that, if by June 30, 1992, and by June 30, 1993,
the United States had not entered into agricultural trade agreement in
Uruguay Round of multilateral trade negotiations under General Agreement
on Tariffs and Trade (GATT) the Secretary of Agriculture was to
reconsider and adjust agricultural acreage limitation and price support
and production adjustment programs and export promotion levels, as
appropriate to protect interests of American agricultural producers and
ensure international competitiveness of United States agriculture and
that such provisions were to cease to be effective if President
certified to Congress that failure to enter into such agreement was
result in whole or in part of provisions of 19 U.S.C. 2191, or
essentially similar provisions, not applying or in effect not applying
during period ending May 31, 1991 (or during period June 1, 1991,
through May 31, 1993, if condition of 19 U.S.C. 2903(b)(1)(B)(i) was
satisfied) to implementing bills submitted with respect to such an
agreement entered into during applicable period under 19 U.S.C. 2902(b),
prior to repeal by Pub. L. 104-127, title II, Sec. 263(a), Apr. 4, 1996,
110 Stat. 974.
Repayment of Advance Deficiency Payments
Pub. L. 101-220, Sec. 14, Dec. 12, 1989, 103 Stat. 1885, provided
that effective only for the 1988 crops of wheat, feed grains, upland
cotton, and rice, produced by producers that qualified for assistance
under section 201(a) of Pub. L. 100-387 or section 101(a) of Pub. L.
101-82 (set out below), if the Secretary of Agriculture determines that
any portion of the advance deficiency payment made to producers for such
crop under section 1445b-2 of this title had to be refunded, such refund
could not be required to be made prior to July 31, 1990.
Pilot Project on Clean Grain Premiums
Pub. L. 100-518, Sec. 3, Oct. 24, 1988, 102 Stat. 2587, directed
Secretary of Agriculture to conduct study of schedule of premiums and
discounts applied to loans made in accordance with this chapter to
determine how premiums and discounts could be used to encourage
production, marketing, and exporting of high quality, clean grain, to
submit, not later than May 1, 1989, to Congress report on results of
such study, to include recommendations with respect to schedule of
premiums and discounts in such report, and to establish pilot project
for 1989 crops of wheat, soybeans, and feed grains to test effectiveness
of such recommendations, and to submit report describing result of
project, not later than 180 days after end of 1989 marketing year for
feed grains.
Emergency Crop Loss Assistance
Pub. L. 102-229, title I, Dec. 12, 1991, 105 Stat. 1712, as amended
by Pub. L. 102-368, title VI, Sept. 23, 1992, 106 Stat. 1130,
appropriated an additional $1,750,000,000, to remain available until
expended, for losses associated with 1990 crops as authorized by Pub. L.
101-624, formerly set out below, and for losses associated with 1991 and
1992 crops under same terms and conditions.
Pub. L. 101-624, title XXII, Secs. 2241-2272, Nov. 28, 1990, 104
Stat. 3962-3977, as amended by Pub. L. 101-508, title I, Sec. 1204(d),
Nov. 5, 1990, 104 Stat. 1388-12; Pub. L. 102-237, title I,
Sec. 114(a)(4)-(16), Dec. 13, 1991, 105 Stat. 1838, 1839, related to
emergency crop loss assistance for the 1990 crop of wheat, feed grains,
upland cotton, extra long staple cotton, and rice, for orchards, and for
forest crops, prior to repeal by Pub. L. 103-354, title I, Sec. 119(c),
Oct. 13, 1994, 108 Stat. 3208. Similar provisions for prior crop years
were contained in:
Pub. L. 101-82, title I, Aug. 14, 1989, 103 Stat. 565, as amended by
Pub. L. 101-134, Sec. 1, Oct. 30, 1989, 103 Stat. 780; Pub. L. 101-220,
Sec. 9(a)-(c), Dec. 12, 1989, 103 Stat. 1882; Pub. L. 101-624, title
XXII, Secs. 2231, 2232, 2235(a), Nov. 28, 1990, 104 Stat. 3958, 3959;
Pub. L. 102-237, title VI, Sec. 602(a), (c), Dec. 13, 1991, 105 Stat.
1878.
Pub. L. 100-387, title II, Aug. 11, 1988, 102 Stat. 933, as amended
by Pub. L. 101-82, title VI, Sec. 602, Aug. 14, 1989, 103 Stat. 587;
Pub. L. 101-239, title I, Sec. 1004(a), Dec. 19, 1989, 103 Stat. 2108.
Special Study and Pilot Projects on Futures Trading
Pub. L. 99-198, title XVII, subtitle E, Secs. 1741-1743, Dec. 23,
1985, 99 Stat. 1643, 1644, as amended by Pub. L. 100-203, title I,
Sec. 1502, Dec. 22, 1987, 101 Stat. 1330-27, directed Secretary of
Agriculture to conduct study to determine manner in which commodity
futures markets and commodity options markets might be used by producers
of commodities traded on such markets to provide price stability and
income protection, extent of price stability and income protection
producers might reasonably expect to receive from such participation,
and Federal budgetary impact of such participation compared with cost of
applicable established price support programs, to report results of
study to Congress on or before Dec. 31, 1989, and in connection with
such study, to conduct pilot program with respect to crops of wheat,
feed grains, soybean, and cotton.
Farm Income Protection Insurance Program Task Force, Study, and Report
Pub. L. 97-98, title XI, Sec. 1112, Dec. 22, 1981, 95 Stat. 1267,
directed Secretary of Agriculture to appoint a special task force to
study and report to Congress, not later than 18 months after Dec. 22,
1981, as to whether farm income protection insurance would provide the
basis for an acceptable alternative to the commodity price support,
income maintenance, and disaster assistance programs currently
administered by the Department of Agriculture for the benefit of
farmers.
Studies in Rice Price Support; Report to Congress; Termination Date
Section 315 of act Aug. 28, 1954, directed Secretary of Agriculture
to study various two-price systems of price support and marketing which
could be made applicable to rice and to submit to Congress on or before
Mar. 1, 1955, a detailed report thereon.
Section Referred to in Other Sections
This section is referred to in sections 1425, 1428, 1444, 1444b,
1445a, 1448 of this title.
