7 U.S.C. § 7991 | 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 chapter.

(b)

Determinations by Secretary

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

(c)

Regulations

(1)

In general

May 13, 2002Not 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)

1 So in original. Probably should be “known”.

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

(B)

July 24, 1971 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)

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

(3)

Congressional review of agency rulemaking

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

(d)

Treatment of advance payment option

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

113 Stat. 1928 7 U.S.C. 7212The 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 (; 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)

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

(3)

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

(e)

Adjustment authority related to Uruguay Round compliance

(1)

Required determination; adjustment

section 3501 of title 19May 13, 2002If 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 ), 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.

Pub. L. 107–171, title I, § 1601May 13, 2002116 Stat. 211 Pub. L. 110–234, title I, § 1601(e)May 22, 2008122 Stat. 1001 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, , ; , , ; , title I, § 1601(e), , , 1729.)

Editorial Notes

References in Text

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

Pub. L. 104–127Apr. 4, 1996110 Stat. 888 section 7201 of this titleThe Federal Agriculture Improvement and Reform Act of 1996, referred to in subsec. (d), is , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 107–171May 13, 2002116 Stat. 166 section 7951 of this titleSubchapter III, referred to in subsec. (d)(1), was in the original “subtitle C”, meaning subtitle C (§§ 1301–1310) of title I of , , , 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 and Tables.

Pub. L. 110–246June 18, 2008122 Stat. 1651 section 8701 of this titleThe Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(3), is , , . 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 and Tables.

Pub. L. 107–171May 13, 2002116 Stat. 205 section 713a–4 of Title 15Subchapter V, referred to in subsec. (e)(1), was in the original “subtitle E”, meaning subtitle E (§§ 1501–1508) of title I of , , , which enacted subchapter V of this chapter and amended sections 1637a, 4501–4504, 4507, 4553, 6402, and 6414 of this title and , Commerce and Trade. For complete classification of subtitle E to the Code, see Tables.

Codification

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

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

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