Title 7 — Agriculture
Chapter 106 — Commodity Programs
§ 7913. Availability of direct payments
Statutory text
Payment required
For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.
Payment rate
The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
Wheat, $0.52 per bushel.
Corn, $0.28 per bushel.
Grain sorghum, $0.35 per bushel.
Barley, $0.24 per bushel.
Oats, $0.024 per bushel.
Upland cotton, $0.0667 per pound.
Rice, $2.35 per hundredweight.
Soybeans, $0.44 per bushel.
Other oilseeds, $0.0080 per pound.
Payment amount
The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
The payment rate specified in subsection (b).
The payment acres of the covered commodity on the farm.
The payment yield for the covered commodity for the farm.
Time for payment
In general
The Secretary shall make direct payments—
in the case of the 2002 crop year, as soon as practicable after ; and
in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
Advance payments
At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
Repayment of advance payments
If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.
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.
Pub. L. 107–171 title I § 1103 · 116 Stat. 134
Enacted · 7 U.S.C. § 7913
Pub. L. 107–171, title I, § 1103, May 13, 2002, 116 Stat. 149
Source evidence
Code source credit
Pub. L. 107–171, title I, § 1103, May 13, 2002, 116 Stat. 149Enacted provision · exact public law section
SEC. 1103. AVAILABILITY OF DIRECT PAYMENTS. (a) Payment Required.— For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established. (b) Payment Rate.— The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows: (1) Wheat, $0.52 per bushel. (2) Corn, $0.28 per bushel. (3) Grain sorghum, $0.35 per bushel. (4) Barley, $0.24 per bushel. (5) Oats, $0,024 per bushel. (6) Upland cotton, $0.0667 per pound. (7) Rice, $2.35 per hundredweight. (8) Soybeans, $0.44 per bushel. (9) Other oilseeds, $0.0080 per pound. (c) Payment Amount.— The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following: (1) The payment rate specified in subsection (b). (2) The payment acres of the covered commodity on the farm. (3) The payment yield for the covered commodity for the farm. (d) Time for Payment.— (1) In general.— The Secretary shall make direct payments— (A) in the case of the 2002 crop year, as soon as practicable after the date of enactment of this Act; and (B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested. (2) Advance payments.— At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2007 crop years shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary. (3) Repayment of advance payments.— If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.Agricultural Reconciliation Act of 2005
Pub. L. 109–171 title I § 1102(a) · 120 Stat. 4
Substituted · 7 U.S.C. § 7913(d)(2)
Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,” for “2007 crop years”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,” for “2007 crop years”.Enacted provision · exact public law section
(a) Covered Commodities.— Section 1103(d)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913(d)(2)) is amended in the first sentence by striking “2007 crop years” and inserting “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—Subsec. (d)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,” for “2007 crop years”.
Credits
2002–2006 · 2 acts
- 2002Pub. L. 107–171, title I, § 1103, , 116 Stat. 149
- 2006Pub. L. 109–171, title I, § 1102(a), , 120 Stat. 5.
Show as published
(Pub. L. 107–171, title I, § 1103, , 116 Stat. 149; Pub. L. 109–171, title I, § 1102(a), , 120 Stat. 5.)