Source
The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
Authority of Secretary; factors considered
Except as otherwise provided in this Act, the amounts, terms, and conditions of price support operations and the extent to which such operations are carried out, shall be determined or approved by the Secretary. The following factors shall be taken into consideration in determining, in the case of any commodity for which price support is discretionary, whether a price-support operation shall be undertaken and the level of such support and, in the case of any commodity for which price support is mandatory, the level of support in excess of the minimum level prescribed for such commodity: (1) the supply of the commodity in relation to the demand therefor, (2) the price levels at which other commodities are being supported and, in the case of feed grains, the feed values of such grains in relation to corn, (3) the availability of funds, (4) the perishability of the commodity, (5) the importance of the commodity to agriculture and the national economy, (6) the ability to dispose of stocks acquired through a price-support operation, (7) the need for offsetting temporary losses of export markets, (8) the ability and willingness of producers to keep supplies in line with demand and (9), in the case of upland cotton, changes in the cost of producing such cotton.
Compliance by producer; program for diverted acres
42 U.S.C. 5121Compliance by the producer with acreage allotments, production goals and marketing practices (including marketing quotas when authorized by law), prescribed by the Secretary, may be required as a condition of eligibility for price support. In administering any program for diverted acres the Secretary may make his regulations applicable on an appropriate geographical basis. Such regulations shall be administered (1) in semiarid or other areas where good husbandry requires maintenance of a prudent feed reserve in such manner as to permit, to the extent so required by good husbandry, the production of forage crops for storage and subsequent use either on the farm or in feeding operations of the farm operator, and (2) in areas declared to be disaster areas by the President under the Disaster Relief and Emergency Assistance Act [ et seq.], in such manner as will most quickly restore the normal pattern of their agriculture.
Time of determining levels
The level of price support for any commodity shall be determined upon the basis of its parity price as of the beginning of the marketing year or season in the case of any commodity marketed on a marketing year or season basis and as of January 1 in the case of any other commodity.
Processors’ assurances; payment if assurances inadequate
Oct. 31, 1949, ch. 792 63 Stat. 1054 Aug. 28, 1954, ch. 1041 68 Stat. 901 Pub. L. 88–297, title I, § 103(c)78 Stat. 175 Pub. L. 99–198, title IX, § 903(a)99 Stat. 1444 Pub. L. 100–707, title I102 Stat. 4708 (, title IV, § 401, ; , title II, §§ 206, 207, ; , , ; , , ; , 109(a)(1), , .)
Editorial Notes
References in Text
act Oct. 31, 1949, ch. 792 63 Stat. 1051 This Act, referred to in subsec. (b), is , , known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note below and Tables.
Pub. L. 93–28888 Stat. 143 section 5121 of Title 42The Disaster Relief and Emergency Assistance Act, referred to in subsec. (c), is , , , known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 100–7071988—Subsec. (c). , substituted “the Disaster Relief and Emergency Assistance Act” for “Public Law 875, Eighty-first Congress”.
Pub. L. 99–1981985—Subsec. (e). designated existing provisions as par. (1) and added par. (2).
Pub. L. 88–2971964—Subsec. (b)(9). added cl. (9).
1954—Subsec. (c). Act , § 206, provided a program for diverted acres.
Subsec. (e). Act , § 207, added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–127, title II, § 263(c)110 Stat. 974
Effective Date of 1991 Amendment
Pub. L. 102–237, title XI, § 1101105 Stat. 1906 Pub. L. 110–234, title IV, § 4002(b)(1)(B)122 Stat. 1096 Pub. L. 110–246, § 4(a)122 Stat. 1664
In General .—
Inclusion in Food, Agriculture, Conservation, and Trade Act of 1990.—
Miscellaneous Amendments to Consolidated Farm and Rural Development Act .—
Food and Nutrition Programs.—
In general .—
PASS accounts exclusion.—
In general .—
Limitation on application of section .—
Performance standards for employment and training programs .—
Recovery of claims caused by nonfraudulent household errors .—
Definition of retail food store .—
Effective Date of 1990 Amendment
Pub. L. 101–624, title XI, § 1171104 Stat. 3521
In General .—
Prior Crops .—
Effective Date of 1985 Amendment
Pub. L. 99–198, title IX, § 903(b)99 Stat. 1444
Short Title of 1993 Amendment
Pub. L. 103–66, title I, § 1001(a)107 Stat. 312
Short Title of 1991 Amendment
Pub. L. 102–237, § 1105 Stat. 1818
Short Title of 1990 Amendments
Pub. L. 101–624, § 1(a)104 Stat. 3359
Pub. L. 101–508, title I, § 1001(a)104 Stat. 1388
Short Title of 1989 Amendments
Pub. L. 101–239, title I, § 1001(a)103 Stat. 2106
Pub. L. 101–82, § 1(a)103 Stat. 564
Short Title of 1988 Amendments
Pub. L. 100–418, title II, § 2221102 Stat. 1336
Pub. L. 100–387, § 1102 Stat. 924
Act Oct. 31, 1949, ch. 792, title VI, § 601 Pub. L. 100–387, title I, § 101(a)102 Stat. 925
Short Title of 1987 Amendments
Pub. L. 100–203, title I, § 1001(a)101 Stat. 1330
Pub. L. 100–45, § 1101 Stat. 318
Short Title of 1984 Amendment
Pub. L. 98–258, § 198 Stat. 130
Short Title of 1983 Amendments
Pub. L. 98–180, § 197 Stat. 1128
Pub. L. 98–180, title I, § 10197 Stat. 1128
Pub. L. 98–180, title II, § 20197 Stat. 1143
Pub. L. 98–88, § 197 Stat. 494
Short Title of 1982 Amendment
Pub. L. 97–358, § 196 Stat. 1714
Short Title of 1980 Amendment
Pub. L. 96–213, § 194 Stat. 119
Short Title
Act Oct. 31, 1949, ch. 792, § 1 63 Stat. 1051
Repeals
Act Oct. 31, 1949, ch. 792, title IV, § 414 63 Stat. 1057
Regulations
Pub. L. 106–224, title II, § 263114 Stat. 427
Promulgation .—
Congressional Review of Agency Rulemaking .—
Pub. L. 101–624Separability Provision for
Pub. L. 101–624, title XXV, § 2518104 Stat. 4078 Pub. L. 104–66, title I, § 1101(h)109 Stat. 710
Pub. L. 98–180Separability Provision for
Pub. L. 98–180, title III, § 30597 Stat. 1152
Inapplicability of Section
section 9092(b)(10) of this titleSection inapplicable to 2014 through 2018 crops of covered commodities, cotton, and sugar and inapplicable to milk during period beginning , through , see .
section 8782(b)(10) of this titleSection inapplicable to 2008 through 2012 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7992(b)(10) of this titleSection inapplicable to 2002 through 2007 crops of covered commodities, peanuts, and sugar and inapplicable to milk during period beginning , through , see .
section 7301(b)(1)(J) of this titleSection inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning , and ending , see .
Crop and Pasture Flood Compensation Program
Pub. L. 106–224, title II, § 257(a)114 Stat. 424 –(d), , , 425, limited the per-person and total amounts payable from the Commodity Credit Corporation to compensate producers with covered land with respect to losses from long-term flooding during the 2000 crop year.
Restoration of Eligibility for Crop Loss Assistance
Pub. L. 106–224, title II, § 259114 Stat. 426 Pub. L. 106–472, title III, § 315114 Stat. 2081 Public Law 105–2777 U.S.C. 1421, , , as amended by , , , restored the eligibility of individuals otherwise eligible for disaster assistance under section 1102(c) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of ; formerly note), but deemed ineligible solely because the individual or entity changed the legal structure of the individual’s or entity’s farming operation.
Emergency and Disaster Assistance for Producers
Pub. L. 106–224, title II114 Stat. 398 Pub. L. 106–387, § 1(a) [title VIII, § 816]114 Stat. 1549 , subtitle A, , , as amended by , , , 1549A–57, provided emergency and disaster assistance to farm owners and producers of various farm products in the 1999 marketing year and the 2000 crop year and provided payments in lieu of loan deficiency payments for producers of certain crops in the 2001 crop year.
Pub. L. 106–113, div. B, § 1000(a)(5) [title I]113 Stat. 1536 section 803(c)(1) of Public Law 106–78, , , 1501A–290, provided for an additional amount for specialty crop assistance authorized by , formerly set out in a note below.
Pub. L. 106–113, div. B, § 1000(a)(5) [title I]113 Stat. 1536 Pub. L. 106–387, § 1(a) [title VIII, § 802]114 Stat. 1549 section 805 of Public Law 106–78, , , 1501A–290, as amended by , , , 1549A–49, provided for an additional amount for livestock assistance authorized by , formerly set out in a note below.
Pub. L. 106–78, title VIII113 Stat. 1175 Pub. L. 106–113, div. B, § 1000(a)(5) [title I, § 102]113 Stat. 1536 , , , as amended by , , , 1501A–291, provided for emergency market loss payments and other disaster assistance to producers of crops and livestock in 1999.
Pub. L. 106–31, title I, § 101113 Stat. 61 , , , provided for crop loss assistance for multiyear losses due to disasters in two crop years during the five-crop year period beginning with the 1994 crop year.
Pub. L. 106–31, title I, § 104113 Stat. 62 Pub. L. 105–277Pub. L. 105–277, , , provided an additional amount for the Livestock Assistance Program under (see section 101(a) [title XI] of , formerly set out as a note below).
Pub. L. 105–277, div. A, § 101(a) [title XI]112 Stat. 2681 Pub. L. 106–31, title III, § 3018113 Stat. 99 Pub. L. 106–78, title VIII, § 817(a)(2)113 Stat. 1184 Pub. L. 106–387, § 1(a) [title VII, § 754]114 Stat. 1549 Pub. L. 107–25, § 9115 Stat. 203 , , , 2681–42, as amended by , , ; , title IX, § 913(b), , , 1205; , , , 1549A–42; , , , provided emergency assistance for crop and livestock feed losses, for market loss assistance, and for other assistance to agricultural producers who incurred losses in the 1998 crop year due to disaster or who incurred multiyear losses in the period including 1998 and preceding crop years.
Programs for Farmers and Ranchers Who Were Activated Reservists During Persian Gulf Conflict
Pub. L. 102–25, title III105 Stat. 95–98 Pub. L. 110–234, title IV, § 4002(b)(1)(B)122 Stat. 1096 Pub. L. 110–246, § 4(a)122 Stat. 1664 , §§ 381–388, , , as amended by , (D), (J), (2)(MM), , , 1098; , title IV, § 4002(b)(1)(B), (D), (J), (2)(MM), , , 1857, 1859, established programs for farmers and ranchers who were activated reservists during Persian Gulf conflict to provide for protection of producer’s crop acreage base for any program crop, waiver of minimum planting requirement, temporary waiver of conservation requirements, relief for borrowers under farm credit provisions, and authority of a spouse or close relative to participate in programs administered by Secretary of Agriculture on behalf of activated reservists.
Survey of Program Participants
Pub. L. 101–624, title XI, § 1148104 Stat. 3517 , , , directed Secretary of Agriculture to require producers, during sign-up period for commodity programs under section 1421 et seq. of this title in the 1992 calendar year, to complete survey regarding preference of producers, either to increase efficiency of their farming operation or to assist in meeting conservation requirements for farm, for redistribution of any crop acreage bases on each producer’s farm, to compile and analyze data collected from survey to determine potential increases and decreases in State, regional, and national acreage that would be planted to various program crops, potential commodity program costs or savings, and potential impact of such redistribution on competitiveness of United States agriculture in world markets, and, not later than , to submit to Congress results of survey.
Options Pilot Program
Pub. L. 101–624, title XI104 Stat. 3518 Pub. L. 102–237, title I, § 114(a)(2)105 Stat. 1838 Pub. L. 104–127, title I, § 191(i)110 Stat. 942 , subtitle E, , , as amended by , , , known as Options Pilot Program Act of 1990, authorized Secretary of Agriculture to conduct pilot program for each of the 1991 through 1995 crops of corn and for each of the 1993 through 1995 crops of wheat and soybeans, to determine whether regulated agricultural commodity options trading could be used by producers to obtain protection from fluctuations in market prices of commodities produced and impact of such trading on prices of the commodities, authorized terms and conditions for participation in pilot program, provided for consultation with representatives of commodity futures trading industry, and provided that the pilot program was to be carried out by and through the Commodity Credit Corporation, prior to repeal by , , .
Hurricane Hugo Forestry Assistance; Cost-Share Assistance
Pub. L. 101–624, title XXII, § 2235(b)104 Stat. 3960 , , , directed Secretary of Agriculture to develop and implement cost-share program to provide financial assistance to owners of private timber stands that were damaged in 1989 by Hurricane Hugo.
Appropriations for Forestry Assistance and Double Cropping on Disaster Areas
Pub. L. 101–624, title XXII, § 2235(c)104 Stat. 3961 section 2235 of Pub. L. 101–624, , , provided that benefits or assistance provided under or amendments made by such that (enacting provisions set out above and amending provisions set out below) were to be provided only to extent provided for in advance by appropriation acts and authorized appropriations for fiscal years 1991 through 1995.
Scarce Federal Resources
Pub. L. 101–624, title XXV, § 2515104 Stat. 4075 Pub. L. 101–624, , , authorized Secretary of Agriculture, after concurrence of certain Members of Congress, to rank by priority studies or reports authorized by and determine which of those studies or reports was to be completed, but directed Secretary to complete at least 12 of the studies or reports.
Recordkeeping Improvement
Pub. L. 101–624, title XXV, § 2516104 Stat. 4075 , , , which provided that section could be cited as “Agricultural Program Reporting and Recordkeeping Improvement Act of 1990”, directed Secretary of Agriculture, not later than 240 days after , to submit to Congress a report containing specific proposals for reducing and simplifying recordkeeping and other paperwork required of producers participating in programs administered by Secretary and directed Secretary to take appropriate action to integrate various data bases of Department relating to agricultural program data, and to facilitate sharing of relevant data among various agencies of Department.
Readjustment of Support Levels
Pub. L. 101–508, title I, § 1302104 Stat. 1388–12 Pub. L. 103–66, title I, § 1301(b)107 Stat. 330 19 U.S.C. 219119 U.S.C. 2903(b)(1)(B)(i)19 U.S.C. 2902(b)Pub. L. 104–127, title II, § 263(a)110 Stat. 974 , , , as amended by , , , provided that, if by , and by , the United States had not entered into agricultural trade agreement in Uruguay Round of multilateral trade negotiations under General Agreement on Tariffs and Trade (GATT) the Secretary of Agriculture was to reconsider and adjust agricultural acreage limitation and price support and production adjustment programs and export promotion levels, as appropriate to protect interests of American agricultural producers and ensure international competitiveness of United States agriculture and that such provisions were to cease to be effective if President certified to Congress that failure to enter into such agreement was result in whole or in part of provisions of , or essentially similar provisions, not applying or in effect not applying during period ending (or during period , through , if condition of was satisfied) to implementing bills submitted with respect to such an agreement entered into during applicable period under , prior to repeal by , , .
Repayment of Advance Deficiency Payments
Pub. L. 101–220, § 14103 Stat. 1885 section 201(a) of Pub. L. 100–387section 101(a) of Pub. L. 101–82section 1445b–2 of this title, , , provided that effective only for the 1988 crops of wheat, feed grains, upland cotton, and rice, produced by producers that qualified for assistance under or (set out below), if the Secretary of Agriculture determines that any portion of the advance deficiency payment made to producers for such crop under had to be refunded, such refund could not be required to be made prior to .
Pilot Project on Clean Grain Premiums
Pub. L. 100–518, § 3102 Stat. 2587 , , , directed Secretary of Agriculture to conduct study of schedule of premiums and discounts applied to loans made in accordance with this chapter to determine how premiums and discounts could be used to encourage production, marketing, and exporting of high quality, clean grain, to submit, not later than , to Congress report on results of such study, to include recommendations with respect to schedule of premiums and discounts in such report, and to establish pilot project for 1989 crops of wheat, soybeans, and feed grains to test effectiveness of such recommendations, and to submit report describing result of project, not later than 180 days after end of 1989 marketing year for feed grains.
Emergency Crop Loss Assistance
Pub. L. 102–229, title I105 Stat. 1712 Pub. L. 102–368, title VI106 Stat. 1130 Pub. L. 101–624, , , as amended by , , , appropriated an additional $1,750,000,000, to remain available until expended, for losses associated with 1990 crops as authorized by , formerly set out below, and for losses associated with 1991 and 1992 crops under same terms and conditions.
Pub. L. 101–624, title XXII104 Stat. 3962–3977 Pub. L. 101–508, title I, § 1204(d)104 Stat. 1388–12 Pub. L. 102–237, title I, § 114(a)(4)105 Stat. 1838 Pub. L. 103–354, title I, § 119(c)108 Stat. 3208 , §§ 2241–2272, , , as amended by , , ; –(16), , , 1839, related to emergency crop loss assistance for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, and rice, for orchards, and for forest crops, prior to repeal by , , . Similar provisions for prior crop years were contained in:
Pub. L. 101–82, title I103 Stat. 565 Pub. L. 101–134, § 1103 Stat. 780 Pub. L. 101–220, § 9(a)103 Stat. 1882 Pub. L. 101–624, title XXII104 Stat. 3958 Pub. L. 102–237, title VI, § 602(a)105 Stat. 1878 , , , as amended by , , ; –(c), , ; , §§ 2231, 2232, 2235(a), , , 3959; , (c), , .
Pub. L. 100–387, title II102 Stat. 933 Pub. L. 101–82, title VI, § 602103 Stat. 587 Pub. L. 101–239, title I, § 1004(a)103 Stat. 2108 , , , as amended by , , ; , , .
Special Study and Pilot Projects on Futures Trading
Pub. L. 99–198, title XVII99 Stat. 1643 Pub. L. 100–203, title I, § 1502101 Stat. 1330–27 , subtitle E, §§ 1741–1743, , , 1644, as amended by , , , directed Secretary of Agriculture to conduct study to determine manner in which commodity futures markets and commodity options markets might be used by producers of commodities traded on such markets to provide price stability and income protection, extent of price stability and income protection producers might reasonably expect to receive from such participation, and Federal budgetary impact of such participation compared with cost of applicable established price support programs, to report results of study to Congress on or before , and in connection with such study, to conduct pilot program with respect to crops of wheat, feed grains, soybean, and cotton.
Farm Income Protection Insurance Program Task Force, Study, and Report
Pub. L. 97–98, title XI, § 111295 Stat. 1267 , , , directed Secretary of Agriculture to appoint a special task force to study and report to Congress, not later than 18 months after , as to whether farm income protection insurance would provide the basis for an acceptable alternative to the commodity price support, income maintenance, and disaster assistance programs currently administered by the Department of Agriculture for the benefit of farmers.
Studies in Rice Price Support; Report to Congress; Termination Date
Act Aug. 28, 1954, ch. 1041, title III, § 315 68 Stat. 905 , , directed Secretary of Agriculture to study various two-price systems of price support and marketing which could be made applicable to rice and to submit to Congress on or before , a detailed report thereon.
Executive Documents
Exceptions From Transfer of Functions
67 Stat. 633 section 2201 of this titleFunctions of Corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective , 18 F.R. 3219, , set out as a note under .