Title 7 — Agriculture
Chapter 115 — Agricultural Commodity Policy and Programs
§ 9035. Loan deficiency payments
Statutory text
Availability of loan deficiency payments
In general
Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 9031 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
Unshorn pelts, hay, and silage
Marketing assistance loans
Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 9031 of this title.
Loan deficiency payment
Effective for each of the 2014 through 2031 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.
Computation
A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—
the payment rate determined under subsection (c) for the commodity; by
the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 9031 of this title.
Payment rate
In general
In the case of a loan commodity, the payment rate shall be the amount by which—
the loan rate established under section 9032 of this title for the loan commodity; exceeds
the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.
Unshorn pelts
In the case of unshorn pelts, the payment rate shall be the amount by which—
the loan rate established under section 9032 of this title for ungraded wool; exceeds
the rate at which a marketing assistance loan for ungraded wool may be repaid under section 9034 of this title.
Hay and silage
In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—
the loan rate established under section 9032 of this title for the loan commodity from which the hay or silage is derived; exceeds
the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.
Exception for extra long staple cotton
This section shall not apply with respect to extra long staple cotton.
Effective date for payment rate determination
The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.
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.
Agricultural Act of 2014
Pub. L. 113–79 title I § 1205 · 128 Stat. 649
Enacted · 7 U.S.C. § 9035
Pub. L. 113–79, title I, § 1205, Feb. 7, 2014, 128 Stat. 679
Source evidence
Code source credit
Pub. L. 113–79, title I, § 1205, Feb. 7, 2014, 128 Stat. 679Enacted provision · exact public law section
SEC. 1205. LOAN DEFICIENCY PAYMENTS. (a) Availability of Loan Deficiency Payments.— (1) In general.— Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. (2) Unshorn pelts, hay, and silage.— (A) Marketing assistance loans.— Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201. (B) Loan deficiency payment.— Effective for each of the 2014 through 2018 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation.— A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under subsection (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201. (c) Payment Rate.— (1) In general.— In the case of a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (2) Unshorn pelts.— In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for ungraded wool; exceeds (B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204. (3) Hay and silage.— In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (d) Exception for Extra Long Staple Cotton.— This section shall not apply with respect to extra long staple cotton. (e) Effective Date for Payment Rate Determination.— The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.Agriculture Improvement Act of 2018
Pub. L. 115–334 title I § 1201(c)(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 9035(a)(2)(B)
Pub. L. 115–334 substituted “2023” for “2018”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 115–334 substituted “2023” for “2018”.Enacted provision · exact public law section
(1) Extension.— Section 1205(a)(2)(B) of the Agricultural Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking “2018” and inserting “2023”.Pub. L. 119–21 title I § 10309(d)(1) · 139 Stat. 94
Substituted · 7 U.S.C. § 9035(a)(2)(B)
Pub. L. 119–21 substituted “2031” for “2023”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 119–21 substituted “2031” for “2023”.
2 of 3 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Codification
Provisions of law applicable to a loan commodity for the 2024 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2025 crop year for that loan commodity, see section 4101(c)(1) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Provisions of law applicable to a loan commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that loan commodity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Amendments2018–2025 · 2 rounds
2025
Subsec. (a)(2)(B). Pub. L. 119–21 substituted “2031” for “2023”.
2018
Subsec. (a)(2)(B). Pub. L. 115–334 substituted “2023” for “2018”.