Skip to content

Title 7 — Agriculture

Chapter 106 — Commodity Programs

§ 7991. Administration generally

Statutory text

(a)

Use of Commodity Credit Corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this chapter.

(b)

Determinations by Secretary

A determination made by the Secretary under this chapter shall be final and conclusive.

(c)

Regulations

(1)

In general

Not later than 90 days after , the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter.

(2)

Procedure

The promulgation of the regulations and administration of this chapter shall be made without regard to—

(A)

chapter 35 of title 44 (commonly know 1 as the “Paperwork Reduction Act”);

(B)

the Statement of Policy of the Secretary of Agriculture effective (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and

(C)

the notice and comment provisions of section 553 of title 5.

(3)

Congressional review of agency rulemaking

In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5.

(d)

Treatment of advance payment option

The protection that was afforded producers that had an option to elect to accelerate the receipt of any payment under a production flexibility contract payable under the Federal Agriculture Improvement and Reform Act of 1996, as provided by section 525 of Public 2 106–170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall also apply to the option to receive—

(1)

the advance payment of direct payments and counter-cyclical payments under subchapter I and subchapter III;

(2)

the single payment of compensation for eligible peanut quota holders under section 7960 of this title; and

(3)

the advance payment of direct payments and counter-cyclical payments under title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.].

(e)

Adjustment authority related to Uruguay Round compliance

(1)

Required determination; adjustment

If the Secretary determines that expenditures under subchapters I through V that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19), as in effect on , will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.

(2)

Congressional notification

Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the determination made under that paragraph and the extent of the adjustment to be made.

Footnotes

  1. 1 So in original. Probably should be “known”.
  2. 2 So in original. Probably should be followed by “Law”.

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. Pub. L. 107–171 title I § 1601 · 116 Stat. 134

    Enacted · 7 U.S.C. § 7991

    Pub. L. 107–171, title I, § 1601, May 13, 2002, 116 Stat. 211

    Source evidence

    Code source credit
    Pub. L. 107–171, title I, § 1601, May 13, 2002, 116 Stat. 211

    Enacted provision · exact public law section
    SEC. 1601. ADMINISTRATION GENERALLY. (a) Use of Commodity Credit Corporation.— The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. (b) Determinations by Secretary.— A determination made by the Secretary under this title shall be final and conclusive. (c) Regulations.— (1) In general.— Not later than 90 days after the date Deadline. of the enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title. (2) Procedure.— The promulgation of the regulations and administration of this title shall be made without regard to— (A) chapter 35 of title 44, United States Code (commonly know as the “Paperwork Reduction Act”); (B) 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 (C) the notice and comment provisions of section 553 of title 5, United States Code. (3) Congressional review of agency rulemaking.— In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (d) Treatment of Advance Payment Option.— The protection that was afforded producers that had an option to elect to accelerate the receipt of any payment under a production flexibility contract payable under the Federal Agriculture Improvement and Reform Act of 1996, as provided by section 525 of Public 106-170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall also apply to the option to receive— (1) the advance payment of direct payments and countercyclical payments under subtitle A and subtitle C; and (2) the single payment of compensation for eligible peanut quota holders under section 1310. (e) Adjustment Authority Related to Uruguay Round Compliance.— (1) Required determination; adjustment.— If the Secretary determines that expenditures under subtitles A through E that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)), as in effect on the date of enactment of this Act, will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels. (2) Congressional notification.— Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the determination made under that paragraph and the extent of the adjustment to be made.

  2. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 1601(e) · 122 Stat. 1651

    Added · 7 U.S.C. § 7991(d)(3)

    Pub. L. 110–246, § 1601(e), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 110–246, § 1601(e), added par. (3).

    Enacted provision · exact public law section
    (e) Treatment of Advance Payment Option.— Section 1601(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7991(d)) is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(3) the advance payment of direct payments and counter-cyclical payments under title I of the Food, Conservation, and Energy Act of 2008.” .

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

For definition of “this chapter”, referred to in subsecs. (a) to (c), see References in Text note set out under section 7901 of this title.

The Federal Agriculture Improvement and Reform Act of 1996, referred to in subsec. (d), is Pub. L. 104–127, , 110 Stat. 888. For complete classification of this Act to the Code, see Short Title note set out under section 7201 of this title and Tables.

Subchapter III, referred to in subsec. (d)(1), was in the original “subtitle C”, meaning subtitle C (§§ 1301–1310) of title I of Pub. L. 107–171, , 116 Stat. 166, which is classified principally to subchapter III of this chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables.

The Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(3), is Pub. L. 110–246, , 122 Stat. 1651. Title I of the Act is classified principally to chapter 113 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables.

Subchapter V, referred to in subsec. (e)(1), was in the original “subtitle E”, meaning subtitle E (§§ 1501–1508) of title I of Pub. L. 107–171, , 116 Stat. 205, which enacted subchapter V of this chapter and amended sections 1637a, 4501–4504, 4507, 4553, 6402, and 6414 of this title and section 713a–4 of Title 15, Commerce and Trade. For complete classification of subtitle E to the Code, see Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2008—Subsec. (d)(3). Pub. L. 110–246, § 1601(e), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Credits

2002–2008 · 3 acts
  1. 2002Pub. L. 107–171, title I, § 1601, , 116 Stat. 211
  2. 2008Pub. L. 110–234, title I, § 1601(e), , 122 Stat. 1001
  3. 2008Pub. L. 110–246, § 4(a), title I, § 1601(e), , 122 Stat. 1664, 1729.
Show as published

(Pub. L. 107–171, title I, § 1601, , 116 Stat. 211; Pub. L. 110–234, title I, § 1601(e), , 122 Stat. 1001; Pub. L. 110–246, § 4(a), title I, § 1601(e), , 122 Stat. 1664, 1729.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s7991