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7 U.S.C. § 9092 — Administration generally

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9092 — 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** — Except as otherwise provided in this subsection, not later than 90 days after February 7, 2014, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter. (2) **Procedure** — The promulgation of the regulations and administration of this chapter and the amendments made by this chapter, sections 11003 and 11017, title I of the Agriculture Improvement Act of 2018 and the amendments made by that title, and section 10109 of that Act shall be made without regard to— (A) the notice and comment provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim); and (B) chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”). (3) **Congressional review of agency rulemaking** — In carrying out this subsection, the Secretary shall use the authority provided under [section 808 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section808&num=0&edition=prelim). **(d) Adjustment authority related to trade agreements compliance** (1) **Required determination; adjustment** — If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in [section 3501 of title 19](https://uscode.house.gov/

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Source file: Laws/federal/codes/united-states-code/title-7/section-9092-administration-generally--f144f6e5fe.md
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Source location: Title 7, Chapter 115, § 9092; chapter-115-agricultural-commodity-policy-and-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 808 — Effective date of certain rules

Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping, or (2) any rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines.

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31 U.S.C. § 6101 — Definitions

In this chapter— (1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program. (2) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim). (3) “assistance”— (A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including— (i) financial assistance; (ii) United States Government facilities, services, and property; and (iii) expert and technical information; and (B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government. (4) “domestic assistance program”— (A) means assistance from an agency for— (i) a State; (ii) the District of Columbia; (iii) a territory or possession of the United States; (iv) a county; (v) a city; (vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A); (vii) a domestic corporation; (viii) a domestic institution; and (ix) an individual of the United States; and (B) does not include assistance from an agency for an agency. (5) “Director” means the Director of the Office of Management and Budget. (6) “Administrator” means the Administrator of General Services. (7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either— (A) a closed mathematical statement; or

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1508b — Stacked Income Protection Plan for producers of upland cotton

**(a) Availability** Beginning not later than the 2015 crop of upland cotton, the Corporation shall make available to producers of upland cotton an additional policy (to be known as the “Stacked Income Protection Plan”), which shall provide coverage consistent with the Group Risk Income Protection Plan (and the associated Harvest Revenue Option Endorsement) offered by the Corporation for the 2011 crop year. **(b) Required terms** The Corporation may modify the Stacked Income Protection Plan on a program-wide basis, except that the Stacked Income Protection Plan shall comply with the following requirements: (1) Provide coverage for revenue loss of not less than 10 percent and not more than 30 percent of expected county revenue, specified in increments of 5 percent. The deductible shall be the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10 percent of the expected county revenue. (2) Be offered to producers of upland cotton in all counties with upland cotton production— (A) at a county-wide level to the fullest extent practicable; or (B) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (3) Be purchased in addition to any other individual or area coverage in effect on the producer’s acreage or as a stand-alone policy, except that if a producer has an individual or area coverage for the same acreage, the maximum coverage available under the Stacked Income Protection Plan shall not exceed the deductible for the individual or area coverage. (4) Establish coverage based on— (A) the expected price established under existing Group Risk Income Protection or area wide policy offe

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1508 — Crop insurance

**(a) Authority to offer insurance** (1) **In general** — If sufficient actuarial data are available (as determined by the Corporation), the Corporation may insure, or provide reinsurance for insurers of, producers of agricultural commodities grown in the United States under 1 or more plans of insurance determined by the Corporation to be adapted to the agricultural commodity concerned. To qualify for coverage under a plan of insurance, the losses of the insured commodity must be due to drought, flood, or other natural disaster (as determined by the Secretary). (2) **Period** — Except in the cases of tobacco, potatoes, sweet potatoes, and hemp, insurance shall not extend beyond the period during which the insured commodity is in the field. As used in the preceding sentence, in the case of an aquacultural species, the term “field” means the environment in which the commodity is produced. (3) **Exclusion of losses due to certain actions of producer** (A) *Exclusions* — Insurance provided under this subsection shall not cover losses due to— (i) the neglect or malfeasance of the producer; (ii) the failure of the producer to reseed to the same crop in such areas and under such circumstances as it is customary to reseed; or (iii) the failure of the producer to follow good farming practices, including scientifically sound sustainable and organic farming practices. (B) *Good farming practices determination review* (i) *Informal administrative process* — A producer shall have the right to a review of a determination regarding good farming practices made under subparagraph (A)(iii) in accordance with an informal administrative process to be established by the Corporation. (ii) *Administrative review* (I) *No adverse decision* — The determi

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3501 — Additional program funding

**(a) Use of additional funds** Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. **(b) Amount of additional funds** Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of— (1) the fiscal year 1995 Pay-As-You-Go savings; and (2) the 5-year Pay-As-You-Go savings; under [section 902 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), resulting from the enactment of the Federal Crop Insurance Reform Act of 1994. **(c) Effective date** This section shall take effect on December 8, 1994.

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7 U.S.C. § 2276 — Confidentiality of information

**(a) In general** In the case of information furnished under a provision of law referred to in subsection (d), neither the Secretary of Agriculture, any other officer or employee of the Department of Agriculture or agency thereof, nor any other person may— (1) use such information for a purpose other than the development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information; (2) disclose such information to the public, unless such information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; or (3) in the case of information collected under the authority described in paragraph (12) or (13) of subsection (d), disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the person that supplied particular information. **(b) Duty of Secretary; immunity from disclosure; necessary consent** (1) In carrying out a provision of law referred to in subsection (d), no department, agency, officer, or employee of the Federal Government, other than the Secretary of Agriculture, shall require a person to furnish a copy of statistical information provided to the Department of Agriculture. (2) A copy of such information— (A) shall be immune from mandatory disclosure of any type, including legal process; and (B) shall not, without the consent of such person, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative pr

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9071 — Administration and enforcement

**(a) In general** The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage. **(b) Reconstitution** The Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments. **(c) Administrative appeals** Using authorities under [section 1308(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/h&num=0&edition=prelim) and subtitle H of the Department of Agriculture Reorganization Act ([7 U.S.C. 6991](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section6991&num=0&edition=prelim) et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.

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5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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7 U.S.C. § 9001 — Implementation

**(a) Maintenance of base acres and payment yields** The Secretary shall maintain, for each covered commodity and upland cotton, base acres and payment yields on a farm established under sections 8702 and 8751 of this title, as adjusted pursuant to sections 8711, 8712, 8718, and 8752 of this title, as in effect on September 30, 2013, and as adjusted pursuant to sections 9012 and 9013 of this title. **(b) Streamlining** In implementing this chapter and the amendments made by this title,11 See References in Text note below. the Secretary shall— (1) continue to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, to ensure that— (A) a producer (or an agent of a producer) may report information, electronically (including geospatial data) or conventionally, to the Department of Agriculture, subject to the Secretary— (i) establishing reasonable levels of tolerance that reflect the differences in accuracy between measures of common land units and geospatial data; and (ii) ensuring that discrepancies that occur within the levels of tolerance established under clause (i) shall not be used to penalize a producer (or an agent of a producer) under any program administered by the Department of Agriculture; (B) on the request of a producer (or an agent of a producer), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices, and other information of the producer through a single Department of Agriculture-wide login; (C) not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 9011 — Definition of Secretary of Agriculture

In this Act, the term “Secretary” means the Secretary of Agriculture.

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