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7 U.S.C. § 1433c–1 — Advance recourse loans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability; due date; procedures for repayment; applicability; security; limitation** It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)]. Such program, if implemented, shall provide for the following:
(1) Advance recourse loans shall be made available only to those producers of a commodity who are unable to obtain sufficient credit elsewhere to finance the production of the 1986 crop of that commodity, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes (as determined by the Secretary) in the community in or near which the applicant resides. A producer who has received a commitment or been furnished sufficient credit or a loan for production of the 1986 crop of a commodity shall not be eligible for an advance recourse loan to finance the production of that commodity for such crop year.
(2) Advance recourse loans shall be made available to producers of a commodity at the applicable nonrecourse loan rate for the commodity (as determined by the Secretary). Within the limits set out in paragraphs (5) and (7), advance recourse loans shall be available—
(A) to producers of wheat, feed grains, cotton, and rice who agree to participate in the program announced for the commodity on an amount of the commodity equal to one-half of the farm program yield for the commodity multiplied by the farm program acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary;
(B) to producers of peanuts who are on a farm for which a marketing quota or poundage quota has been est
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Source location: Title 7, Chapter 35A, § 1433c–1; chapter-35a-price-support-of-agricultural-commodities.md
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**(a) Availability; due date; procedures for repayment; applicability; security; limitation** It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)]. Such program, if implemented, shall provide for the following:
(1) Advance recourse loans shall be made available only to those producers of a commodity who are unable to obtain sufficient credit elsewhere to finance the production of the 1986 crop of that commodity, taking into consideration prevailing private and cooperative rates and terms for loans for similar purposes (as determined by the Secretary) in the community in or near which the applicant resides. A producer who has received a commitment or been furnished sufficient credit or a loan for production of the 1986 crop of a commodity shall not be eligible for an advance recourse loan to finance the production of that commodity for such crop year.
(2) Advance recourse loans shall be made available to producers of a commodity at the applicable nonrecourse loan rate for the commodity (as determined by the Secretary). Within the limits set out in paragraphs (5) and (7), advance recourse loans shall be available—
(A) to producers of wheat, feed grains, cotton, and rice who agree to participate in the program announced for the commodity on an amount of the commodity equal to one-half of the farm program yield for the commodity multiplied by the farm program acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary;
(B) to producers of peanuts who are on a farm for which a marketing quota or poundage quota has been established on an amount of the commodity equal to one-half of the farm marketing quota or poundage quota for the commodity, as determined by the Secretary; and
(C) to producers of other commodities on an amount of the commodity equal to one-half of the farm yield for the commodity multiplied by the farm acreage intended to be planted to the commodity for harvest in 1986, as determined by the Secretary.
(3) An advance recourse loan under section 424 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)] shall come due at such time immediately following harvest as the Secretary determines appropriate. Each loan contract entered into under section 424 shall specify the date on which the loan is to come due.
(4)
(A) The Secretary shall establish procedures, when practicable, under which a producer, simultaneously with repayment of his recourse loan, may obtain a nonrecourse loan on his crop (as otherwise provided for in the Agricultural Act of 1949 [[7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.]) in an amount sufficient to repay his recourse loan.
(B) In cases in which nonrecourse loans under such Act are not normally made available directly to producers, the Secretary shall establish procedures under which a producer may repay a recourse loan at the same time the producer receives advances or other payment from the producer’s disposition of his crop.
(5) Advance recourse loans shall be made available as needed solely to cover costs involved in the production of the 1986 crop that are incurred or are outstanding on or after March 20, 1986.
(6) To obtain an advance recourse loan, the producer on a farm must—
(A) provide as security for the loan a first lien on the crop covered by the loan or provide such other security as may be available to the producer and determined by the Secretary to be adequate to protect the Government’s interests; and
(B) obtain multiperil crop insurance, if available, to protect the crop that serves as security for the loan.
If a producer does not have multiperil crop insurance and is located in a county in which the signup period for multiperil crop insurance has expired, the producer shall be required to obtain other crop insurance, if available.
(7) The total amount in advance recourse loans that may be made to a producer under section 424 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)] may not exceed $50,000.
(8) An advance recourse loan may be made available only to a producer who agrees to comply with such other terms and conditions determined appropriate by the Secretary and consistent with the provisions of section 424 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)].
**(b) Use of Commodity Credit Corporation, Agricultural Stabilization and Conservation Service, and county committees** The Secretary shall carry out the program provided for under section 424 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)] through the Commodity Credit Corporation, using the services of the Agricultural Stabilization and Conservation Service and the county committees established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim) to make determinations of eligibility with respect to the credit test under subsection (a)(1), and determinations as to the sufficiency of security under subsection (a)(6). The Secretary may use such committees for such other purposes as the Secretary determines appropriate in carrying out section 424.
**(c) Regulations** It is further the sense of Congress that the Secretary of Agriculture issue or, as appropriate, amend regulations to implement any program established under section 424 [[7 U.S.C. 1433c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1433c&num=0&edition=prelim)] as soon as practicable, but not later than 15 days after March 20, 1986. Loans and other assistance provided under such program shall be made available beginning on the date such regulations are issued or amended.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter II:
(1) **Agricultural Act of 1949** — The term “Agricultural Act of 1949” means the Agricultural Act of 1949 ([7 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1421&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(2) **Agricultural Adjustment Act of 1938** — The term “Agricultural Adjustment Act of 1938” means the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1281&num=0&edition=prelim) et seq.), as in effect on the day before October 22, 2004.
(3) **Considered planted** — The term “considered planted” means tobacco that was planted, but failed to be produced as a result of a natural disaster, as determined by the Secretary.
(4) **Contract** — The term “contract” means a contract entered into under section 518a or 518b of this title.
(5) **Contract payment** — The term “contract payment” means a payment made under section 518a or 518b of this title pursuant to a contract.
(6) **Producer of quota tobacco** — The term “producer of quota tobacco” means an owner, operator, landlord, tenant, or sharecropper that shared in the risk of producing tobacco on a farm where tobacco was produced or considered planted pursuant to a tobacco farm poundage quota or farm acreage allotment established under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 ([7 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1311&num=0&edition=prelim) et seq.).
(7) **Quota tobacco** — The term ‘quota tobacco’ 11 So in original. means a kind of tobacco that is subject to a farm marketing quota or farm acreage allotment for the 2004 tobacco marketin
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 518
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of this Act, the Secretary may make advance recourse loans available to producers of the commodities of the 1986 through 1990 crops for which nonrecourse loans are made available under this Act if the Secretary finds that such action is necessary to ensure that adequate operating credit is available to producers. Such recourse loans may be made available under such reasonable terms and conditions as the Secretary may prescribe, except that the Secretary shall require that a producer obtain crop insurance for the crop as a condition of eligibility for a loan.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1433c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Source** The Secretary shall provide the price support authorized or required herein through the Commodity Credit Corporation and other means available to him.
**(b) 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.
**(c) Compliance by producer; program for diverted acres** Compliance 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 admi
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
Page 701
TITLE 7—AGRICULTURE
§ 1421
Sec.
1430.
Retroactive effect.
1431.
Disposition of commodities to prevent
waste.
1431a.
Cotton donations to educational institu-
tions.
1431b.
Distribution of surplus commodities to
other United States areas.
1431c.
Enrichment and packaging of cornmeal,
grits, rice, and white flour available
for distribution.
1431d.
Donations for school feeding programs
abroad; student financing; priorities.
1431e.
Distribution of surplus commodities to
special nutrition projects; reprocessing
agreements with private companies.
1431f.
Assistance to foreign countries to miti-
gate effects of HIV and AIDS.
1432.
Extension of price support on long staple
cotton seeds and products.
1433.
Repealed.
1433a.
Forgiveness of violations; determina-
tions.
1433b.
Processing of surplus agricultural com-
modities into liquid fuels and agricul-
tural commodity byproducts.
1433c.
Advance recourse commodity loans.
1433c–1.
Advance recourse loans.
1433d to 1433f. Omitted or Repealed.
1434.
Encouragement of production of crops of
which United States is a net importer
and for which price support programs
are not in effect; authority to plant on
set-aside acreage with no reduction in
payment rate.
1435.
Production of commodities for conver-
sion into alcohol or hydrocarbons for
use as motor fuels or other fuels; terms
and conditions; determinations; pay-
ments, etc., for program.
1436.
Reimbursement of appropriations avail-
able for classing or grading agriculture
commodities without charge.
1436a.
Transfer of nonadministrative funds of
Commodity
Credit
Corporation
for
classing and grading purposes.
SUBCHAPTER II—BASIC AGRICULTURAL
COMMODITIES
1441.
Price support levels.
1441–1.
Omitted.
1441–1a.
Marketing
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1421
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Federal law — U.S. Code and appendices · legal_authorities
Page 732
TITLE 7—AGRICULTURE
§ 1433b
1 So in original. Probably should be followed by a comma.
(Oct. 31, 1949, ch. 792, title IV, § 422, as added
Pub. L. 97–98, title X, § 1002, Dec. 22, 1981, 95 Stat.
1260.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 22, 1981, see section 1801 of Pub.
L. 97–98, set out as a note under section 4301 of this
title.
INAPPLICABILITY OF SECTION
Section inapplicable to 2014 through 2018 crops of cov-
ered commodities, cotton, and sugar and inapplicable
to milk during period beginning Feb. 7, 2014, through
Dec. 31, 2018, see section 9092(b)(10) of this title.
Section inapplicable to 2008 through 2012 crops of cov-
ered commodities, peanuts, and sugar and inapplicable
to milk during period beginning June 18, 2008, through
Dec. 31, 2012, see section 8782(b)(10) of this title.
Section inapplicable to 2002 through 2007 crops of cov-
ered commodities, peanuts, and sugar and inapplicable
to milk during period beginning May 13, 2002, through
Dec. 31, 2007, see section 7992(b)(10) of this title.
Section inapplicable to 1996 through 2002 crops of loan
commodities, peanuts, and sugar and inapplicable to
milk during period beginning Apr. 4, 1996, and ending
Dec. 31, 2002, see section 7301(b)(1)(J) of this title.
§ 1433b. Processing of surplus agricultural com-
modities into liquid fuels and agricultural
commodity byproducts
(a) Authority of Commodity Credit Corporation;
terms and conditions established by Sec-
retary; fuel prices
Notwithstanding any other provision of law, in
order to prevent the accumulation of excessive
stocks of agricultural commodities through the
price support and stabilization operations of the
Commodity Credit Corporation 1 the Corporation
may, under terms and con
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1433c
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