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7 U.S.C. § 7914 — Availability of direct payments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment required** For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.
**(b) Payment rate** The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
(1) Wheat, $0.52 per bushel.
(2) Corn, $0.28 per bushel.
(3) Grain sorghum, $0.35 per bushel.
(4) Barley, $0.24 per bushel.
(5) Oats, $0.024 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.44 per bushel.
(9) Other oilseeds, $0.0080 per pound.
**(c) Payment amount** The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
**(d) Time for payment**
(1) **In general** — The Secretary shall make direct payments—
(A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
(B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
(2) **Advance payments** — At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month with
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Source file: Laws/federal/codes/united-states-code/title-7/section-7914-availability-of-direct-payments--d0396d7657.md
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Source location: Title 7, Chapter 106, § 7914; chapter-106-commodity-programs.md
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**(a) Payment required** For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.
**(b) Payment rate** The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:
(1) Wheat, $0.52 per bushel.
(2) Corn, $0.28 per bushel.
(3) Grain sorghum, $0.35 per bushel.
(4) Barley, $0.24 per bushel.
(5) Oats, $0.024 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.44 per bushel.
(9) Other oilseeds, $0.0080 per pound.
**(c) Payment amount** The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:
(1) The payment rate specified in subsection (b).
(2) The payment acres of the covered commodity on the farm.
(3) The payment yield for the covered commodity for the farm.
**(d) Time for payment**
(1) **In general** — The Secretary shall make direct payments—
(A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
(B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.
(2) **Advance payments** — At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.
(3) **Repayment of advance payments** — If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (other than subchapter III):
(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 prior to the suspensions under [section 7301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7301&num=0&edition=prelim).
(2) **Base acres** — The term “base acres”, with respect to a covered commodity on a farm, means the number of acres established under [section 7911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7911&num=0&edition=prelim) with respect to the covered commodity on the election made by the owner of the farm under subsection (a) of such section.
(3) **Counter-cyclical payment** — The term “counter-cyclical payment” means a payment made to producers on a farm under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim).
(4) **Covered commodity** — The term “covered commodity” means wheat, corn, grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds.
(5) **Direct payment** — The term “direct payment” means a payment made to producers on a farm under [section 7913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7913&num=0&edition=prelim).
(6) **Effective price** — The term “effective price”, with respect to a covered commodity for a crop year, means the price calculated by the Secretary under [section 7914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7914&num=0&edition=prelim) to determine whether
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 7911
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Federal law — U.S. Code and appendices · legal_authorities
Page 2124
TITLE 7—AGRICULTURE
§ 7914
ment by providing advance notice to the Sec-
retary.
(3) Repayment of advance payments
If a producer on a farm that receives an ad-
vance direct payment for a crop year ceases to
be a producer on that farm, or the extent to
which the producer shares in the risk of pro-
ducing a crop changes, before the date the re-
mainder of the direct payment is made, the
producer shall be responsible for repaying the
Secretary the applicable amount of the ad-
vance payment, as determined by the Sec-
retary.
(Pub. L. 107–171, title I, § 1103, May 13, 2002, 116
Stat. 149; Pub. L. 109–171, title I, § 1102(a), Feb. 8,
2006, 120 Stat. 5.)
Editorial Notes
AMENDMENTS
2006—Subsec. (d)(2). Pub. L. 109–171 substituted ‘‘2005
crop years, up to 40 percent of the direct payment for
a covered commodity for the 2006 crop year, and up to
22 percent of the direct payment for a covered com-
modity for the 2007 crop year,’’ for ‘‘2007 crop years’’.
§ 7914. Availability of counter-cyclical payments
(a) Payment required
For each of the 2002 through 2007 crop years
for each covered commodity, the Secretary shall
make counter-cyclical payments to producers on
farms for which payment yields and base acres
are established with respect to the covered com-
modity if the Secretary determines that the ef-
fective price for the covered commodity is less
than the target price for the covered com-
modity.
(b) Effective price
For purposes of subsection (a), the effective
price for a covered commodity is equal to the
sum of the following:
(1) The higher of the following:
(A) The national average market price re-
ceived by producers during the 12-month
marketing year for the covered commodity,
as determined by the Secretary.
(B) The national average l
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