§ 1445j. Deficiency and land diversion payments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1949

   Pub. L. 97–253 title I § 120 · 96 Stat. 766

   Enacted · 7 U.S.C. § 1445j

   Oct. 31, 1949, ch. 792, title I, § 114, formerly § 107C, as added Pub. L. 97–253, title I, § 120, Sept. 8, 1982, 96 Stat. 766

   Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

   Source evidence

   Code source credit
   Oct. 31, 1949, ch. 792, title I, § 114, formerly § 107C, as added Pub. L. 97–253, title I, § 120, Sept. 8, 1982, 96 Stat. 766

2. 1985

   Food Security Act of 1985

   Pub. L. 99–198 title X § 1002 · 99 Stat. 1354

   1. Amended · 7 U.S.C. § 1445j

      Pub. L. 99–198, as amended by Pub. L. 101–624, § 1121(c)

   2. Amended · 7 U.S.C. § 1445j

      Pub. L. 99–198, as amended section generally

   3. Substituted · 7 U.S.C. § 1445j

      Pub. L. 99–198, as substituting provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton and rice for provisions relating to advance deficiency payments for the 1982 through 1985 crops of wheat, feed grains, upland cotton and rice

   Source evidence

   Code amendment note
   Pub. L. 99–198, as amended by Pub. L. 101–624, § 1121(c), amended section generally, substituting provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton and rice for provisions relating to advance deficiency payments for the 1982 through 1985 crops of wheat, feed grains, upland cotton and rice.

   Enacted provision · exact public law section
   Sec. 1002. advance deficiency and diversion payments Effective only for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b–2) is amended to read as follows: “Sec. 107C. (a) (1) If the Secretary establishes an acreage limitation or set-aside program for any of the 1986 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary— “(A) shall make advance deficiency payments available to producres who agree to participate in such program for the 1986 crop; and “(B) may make such payments available to such producers for each of the 1987 through 1990 crops. “(2) Advance deficiency payments under paragraph (1) shall be made to the producer under the following terms and conditions: “(A) Such payments may be made available in the form of— “(i) cash; “(ii) commodities owned by the Commodity Credit Corporation and negotiable certificates redeemable in a commodity owned by the Commodity Credit Corporation, except that not more than 50 percent of such payments may be made in commodities or such certificates in the case of any producer; or “(iii) any combination of clauses (i) and (ii). “(B) If payments are made available to producers as provided for under subparagraph (A)(ii), such producers may elect to receive such payments either in the form of— “(i) such commodities; or “(ii) such certificates. “(C) Such a certificate shall be redeemable for a period not to exceed 3 years from the date such certificate is issued. “(D) The Commodity Credit Corporation shall pay the cost of storing a commodity that may be received under such a certificate until such time as the certificate is redeemed. “(E) Such payments shall be made available as soon as practicable after the producer enters into a contract with the Secretary to participate in such program. “(F) Such payments shall be made available in such amounts as the Secretary determines appropriate to encourage adequate participation in such program, except that such amount may not exceed an amount determined by multiplying— “(i) the estimated farm program acreage for the crop, by “(ii) the farm program payment yield for the crop, by “(iii) 50 percent of the projected payment rate, as determined by the Secretary. “(G) If the deficiency payment payable to a producer for a crop, as finally determined by the Secretary under this Act, is less than the amount paid to the producer as an advance deficiency payment for the crop under this subsection, the producer shall refund an amount equal to the difference between the amount advanced and the amount finallly deter mined by the Secretary to be payable to the producer as a deficiency payment for the crop concerned. “(H) If the Secretary determines under this Act that deficiency payments will not be made available to producers on a crop with respect to which advance deficiency payments already have been made under this subsection, the producers who received such advance payments shall refund such payments. “(I) Any refund required under subparagraph (G) or (H) shall be due at the end of the marketing year for the crop with respect to which such payments were made. “(J) If a producer fails to comply with requirements established Regulations. under the acreage limitations or set-aside program involved after obtaining an advance deficiency payment under this subsection, the producer shall repay immediately the amount of the advance, plus interest thereon in such amount as the Secretary shall prescribe by regulation. “(3) The Secretary may issue such regulations as the Secretary Regulations. determines necessary to carry out this section. “(4) The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. “(5) The authority provided in this section shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provisions of law. “(b) If the Secretary makes land diversion payments under this Act to assist in adjusting the total national acreage of any of the 1986 through 1990 crops of wheat, feed grains, upland cotton, or rice to desirable levels, the Secretary may make at least 50 percent of such payments available to a producer as soon as possible after the producer agrees to undertake the diversion of land in return for such payments.”.

3. 1987

   Pub. L. 100–203 § 1110(1) · 101 Stat. 1330

   1. Added · 7 U.S.C. § 1445j(a)(1)

      Pub. L. 100–203, § 1110(1), temporarily added par. (1)

   2. Struck · 7 U.S.C. § 1445j(a)(1)

      Pub. L. 100–203, § 1110(1), temporarily struck out former par. (1) which read as follows: “If the Secretary establishes an acreage limitation or set-aside program for any of the 1986 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary—

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–203, § 1110(1), temporarily added par. (1) and struck out former par. (1) which read as follows: “If the Secretary establishes an acreage limitation or set-aside program for any of the 1986 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary—

   “(A) shall make advance deficiency payments available to producres [sic] who agree to participate in such program for the 1986 crop; and “(B) may make such payments available to such producers for each of the 1987 through 1990 crops.” See Effective and Termination Dates of 1987 Amendment note below.

   Enacted provision · exact public law section
   (1) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph:

4. 1987

   Pub. L. 100–203 § 1110(2) · 101 Stat. 1330

   1. Added · 7 U.S.C. § 1445j(a)(2)(F)(iii)

      Pub. L. 100–203, § 1110(2), temporarily added cl. (iii)

   2. Struck · 7 U.S.C. § 1445j(a)(2)(F)(iii)

      Pub. L. 100–203, § 1110(2), temporarily struck out former cl. (iii) which read as follows: “50 percent of the projected payment rate,”. See Effective and Termination Dates of 1987 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(2)(F)(iii). Pub. L. 100–203, § 1110(2), temporarily added cl. (iii) and struck out former cl. (iii) which read as follows: “50 percent of the projected payment rate,”. See Effective and Termination Dates of 1987 Amendment note below.

   Enacted provision · exact public law section
   SEC. 1110. ADVANCE PAYMENTS. Effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 107C(a) of the Agricultural Act of 1949 (7 U.S.C. 1445b–2(a)) is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: “(1) If the Secretary establishes an acreage limitation or set-aside program for any of the 1988 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary shall make advance deficiency payments available to producers for each of such crops.”; and (2) in paragraph (2)(F), by striking out clause (iii) and inserting in lieu thereof the following new clause: “(iii) (I) in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and “(II) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate,”.

5. 1989

   Agricultural Reconciliation Act of 1989

   Pub. L. 101–239 title I § 1003(b)(1) · 103 Stat. 2106

   1. Inserted · 7 U.S.C. § 1445j(a)(2)(G)

      Pub. L. 101–239 temporarily inserted “(taking into consideration any reduction in the payment made under section 1433d of this title)”

   2. Substituted · 7 U.S.C. § 1445j(a)(2)(G)

      Pub. L. 101–239 temporarily substituted “amount finally” for “amount finallly”. See Effective and Termination Dates of 1989 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(2)(G). Pub. L. 101–239 temporarily inserted “(taking into consideration any reduction in the payment made under section 1433d of this title)” and substituted “amount finally” for “amount finallly”. See Effective and Termination Dates of 1989 Amendment note below.

   Enacted provision · exact public law section
   (1) Effective only for the 1990 crops of wheat, feed grains, upland cotton, and rice, section 107C(a)(2)(G) of such Act (7 U.S.C. 1445b–2(a)(2)(G)) is amended— (A) by inserting after “subsection” the following: “(taking into consideration any reduction in the payment made under section 425)”; and (B) by striking “finally” and inserting “finally”.

6. 1990

   Agricultural Reconciliation Act of 1990

   Pub. L. 101–508 title I § 1102(d) · 104 Stat. 1388

   Substituted · 7 U.S.C. § 1445j(c)

   Pub. L. 101–508 substituted “wheat and feed grains which payments are calculated as provided in sections 1445b–3a(c)(1)(B)(ii), 1445b–3a(p), or 1444f(c)(1)(B)(ii) of this title” for “wheat, feed grains, and rice which payments are calculated on the basis of the national weighted average market price (or, in the case of rice, the national average market price) for the marketing year for the crop”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–508 substituted “wheat and feed grains which payments are calculated as provided in sections 1445b–3a(c)(1)(B)(ii), 1445b–3a(p), or 1444f(c)(1)(B)(ii) of this title” for “wheat, feed grains, and rice which payments are calculated on the basis of the national weighted average market price (or, in the case of rice, the national average market price) for the marketing year for the crop”.

   Enacted provision · exact public law section
   (d) Conforming Amendment.— Section 114(c) of the Agricultural Act of 1949 (as amended by section 1121(a) of the Food, Agriculture, Conservation, and Trade 7 USC 1445j. Act of 1990 and redesignated by section 1161(a)(D of such Act) by striking “wheat, feed grains, and rice which payments are calculated on the basis of the national weighted average market price (or, in the case of rice, the national average market price) for the marketing year for the crop” and inserting “wheat and feed grains which payments are calculated as provided in sections 107B(c)(l)(B)(ii), 107B(p), or 105B(c)(l)(B)(ii)”.

   Effective date note
   Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as a note under section 1994 of this title.

7. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1121(a) · 104 Stat. 3359

   1. Amended · 7 U.S.C. § 1445j

      Pub. L. 101–624, § 1121(a), amended section generally

   2. Substituted · 7 U.S.C. § 1445j

      Pub. L. 101–624, § 1121(a), substituting provisions relating to deficiency and land diversion payments for the 1991 through 1995 crops of wheat, feed grains, upland cotton, and rice for provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice

   Source evidence

   Code amendment note
   Pub. L. 101–624, § 1121(a), amended section generally, substituting provisions relating to deficiency and land diversion payments for the 1991 through 1995 crops of wheat, feed grains, upland cotton, and rice for provisions relating to advance deficiency and diversion payments for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice.

   Enacted provision · exact public law section
   (a) In General.— Section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b–2) is amended to read as follows: “SEC. 107C. DEFICIENCY AND LAND DIVERSION PAYMENTS. “(a) Deficiency Payments.— “(1) In general.— If the Secretary establishes an acreage limitation program for any of the 1991 through 1995 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for the commodity for the crop, the Secretary shall make advance deficiency payments available to producers for each of the crops. “(2) Terms and Conditions.— Advance deficiency payments under paragraph (1) shall be made to the producer under the following terms and conditions: “(A) Form.— Such payments may be made available in the form of— “(i) cash; “(ii) commodities owned by the Commodity Credit Corporation and certificates redeemable in a commodity owned by the Commodity Credit Corporation, except that not more than 50 percent of the payments may be made in commodities or the certificates in the case of any producer; or “(iii) any combination of clauses (i) and (ii). “(B) Commodities and certificates.— If payments are made available to producers as provided for under subparagraph (A)(ii), such producers may elect to receive such payments either in the form of— “(i) such commodities; or “(ii) such certificates. “(C) Maturity.— Such a certificate shall be redeemable for a period not to exceed 3 years from the date the certificate is issued. “(D) Storage.— The Commodity Credit Corporation shall pay the cost of storing a commodity that may be received under such a certificate until such time as the certificate is redeemed. “(E) Timing.— The payments shall be made available as soon as practicable after the producer enters into a contract with the Secretary to participate in such program. “(F) Amounts.— The payments shall be made available in such amounts as the Secretary determines appropriate to encourage adequate participation in the program, except that the amount may not exceed an amount determined by multiplying— ‘(i) the estimated payment acreage for the crop; by “(ii) the farm program payment yield for the crop; by “(iii) (I) in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and “(II) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate, as determined by the Secretary. “(G) Repayment.— If the deficiency payment payable to a producer for a crop, as finally determined by the Secretary under this Act, is less than the amount paid to the producer as an advance deficiency payment for the crop under this subsection, the producer shall repay an amount equal to the difference between the amount advanced and the amount finally determined by the Secretary to be payable to the producer as a deficiency payment for the crop concerned. “(H) Repayment requirement.— If the Secretary determines under this Act that deficiency payments will not be made available to producers on a crop with respect to which advance deficiency payments already have been made under this subsection, the producers who received the advance payments shall repay the payments. “(I) Deadline.— Any repayment required under subparagraph (G) or (H) shall be due at the end of the marketing year for the crop with respect to which the payments were made. “(J) Noncompliance.— If a producer fails to comply with Regulations. requirements established under the acreage limitation program involved after obtaining an advance deficiency payment under this subsection, the producer shall repay immediately the amount of the advance, plus interest thereon in such amount as the Secretary shall prescribe by regulation. “(3) Regulations.— The Secretary may issue such regulations as the Secretary determines necessary to carry out this section. “(4) Commodity credit corporation.— The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. “(5) Additional authority.— The authority provided in this section shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law. “(b) Land Diversion Payments.— If the Secretary makes land diversion payments under this Act to assist in adjusting the total national acreage of any of the 1991 through 1995 crops of wheat, feed grains, upland cotton, or rice to desirable levels, the Secretary may make at least 50 percent of such payments available to a producer as soon as possible after the producer agrees to undertake the diversion of land in return for the payments. “(c) Timing of Deficiency Payments.— In the case of deficiency payments made available to producers for any of the 1991 through 1995 crops of wheat, feed grains, and rice which payments are calculated on the basis of the national weighted average market price (or, in the case of rice, the national average market price) for the marketing year for the crop, the Secretary shall make deficiency payments as follows: “(1) A portion of the deficiency payment shall be made in advance in accordance with subsection (a)(2). “(2) Seventy-five percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year. “(3) The remainder of the deficiency payments shall be made available at the end of the marketing year.”.

   Effective date note
   Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as a note under section 1994 of this title.

8. 1990

   Food, Agriculture, Conservation, and Trade Act of 1990

   Pub. L. 101–624 § 1121(c) · 104 Stat. 3359

   Amended · 7 U.S.C. § 1445j

   Pub. L. 101–624, § 1121(c), amended Pub. L. 99–198. See 1985 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–624, § 1121(c), amended Pub. L. 99–198. See 1985 Amendment note below.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 1002 of the Food Security Act of 1985 (Public Law 99–198; 99 Stat. 1446) is amended by striking 7 USC 1445b–2 note. “Effective only for the 1986 through 1990 crops of wheat, feed grains, upland cotton, and rice, section” and inserting “Section”.

   Effective date note
   Amendment by Pub. L. 101–624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as a note under section 1421 of this title. Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as a note under section 1994 of this title.

9. 1991

   Pub. L. 102–237 § 109(1) · 105 Stat. 1818

   Substituted · 7 U.S.C. § 1445j(c)

   Pub. L. 102–237, § 109(1), substituted “section” for “sections” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–237, § 109(1), substituted “section” for “sections” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the material preceding the paragraphs, by striking “sections” and inserting “section”;

10. 1991

    Pub. L. 102–237 § 109(3) · 105 Stat. 1818

    1. Added · 7 U.S.C. § 1445j(c)(2)

       Pub. L. 102–237, § 109(3), added par. (2)

    2. Struck · 7 U.S.C. § 1445j(c)(2)

       Pub. L. 102–237, § 109(3), struck out former par. (2) which read as follows: “Seventy-five percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–237, § 109(3), added par. (2) and struck out former par. (2) which read as follows: “Seventy-five percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year.”

    Enacted provision · exact public law section
    (3) by striking paragraph (2) and inserting the following new paragraphs: “(2) With respect to feed grains (excluding barley and oats), 75 percent of the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year. “(3) With respect to wheat, barley, and oats, the final projected deficiency payment for the crop, reduced by the amount of the advance, shall be made available as soon as practicable after the end of the first 5 months of the applicable marketing year. Such projected payment shall be based on the national weighted average market price received by producers during the first 5 months of the marketing year for the crop, as determined by the Secretary, plus 10 cents per bushel with respect to wheat or 7 cents per bushel with respect to barley and oats.”.

11. 1991

    Pub. L. 102–237 § 109(2) · 105 Stat. 1818

    1. Added · 7 U.S.C. § 1445j(c)(3); 7 U.S.C. § 1445j(c)(4)

       Pub. L. 102–237, § 109(2), (3), added par. (3)

    2. Redesignated · 7 U.S.C. § 1445j(c)(3); 7 U.S.C. § 1445j(c)(4)

       Pub. L. 102–237, § 109(2), (3), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 102–237, § 109(2), (3), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (3) as paragraph (4); and

12. 1993

    Agricultural Reconciliation Act of 1993

    Pub. L. 103–66 title I § 1101(b)(1) · 107 Stat. 312

    Substituted · 7 U.S.C. § 1445j(a)(1); 7 U.S.C. § 1445j(a)(c)

    Pub. L. 103–66 substituted “1997” for “1995”

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (c). Pub. L. 103–66 substituted “1997” for “1995”.

    Enacted provision · exact public law section
    (1) Deficiency and land diversion payments.— Section 114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) is amended by striking “1995” each place it appears in subsections (a)(1) and (c) and inserting “1997”.

13. 1996

    Agricultural Market Transition Act

    Pub. L. 104–127 title I § 171(b)(2)(G) · 110 Stat. 888

    Struck · 7 U.S.C. § 1445j(b); 7 U.S.C. § 1445j(c)

    Pub. L. 104–127 struck out subsecs. (b) and (c) which, in subsec. (b), related to land diversion payments to assist in adjusting total national acreage of any of 1991 through 1995 crops of wheat, feed grains, upland cotton, or rice to desirable levels, and, in subsec. (c), related to timing of deficiency payments made available to producers for any of 1991 through 1997 crops of wheat and feed grains

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 104–127 struck out subsecs. (b) and (c) which, in subsec. (b), related to land diversion payments to assist in adjusting total national acreage of any of 1991 through 1995 crops of wheat, feed grains, upland cotton, or rice to desirable levels, and, in subsec. (c), related to timing of deficiency payments made available to producers for any of 1991 through 1997 crops of wheat and feed grains.

    Enacted provision · exact public law section
    (G) Subsections (b) and (c) of section 114 (7 U.S.C. 1445j).

20 of 21 references resolved to an enrolled provision · 1 unresolved