7 U.S.C. § 9036 — Payments in lieu of loan deficiency pay-

Page 2277 TITLE 7—AGRICULTURE § 9036 (2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 9031 of this title. (B) Loan deficiency payment Effective for each of the 2014 through 2023 crop years, the Secretary may make loan de- ficiency payments available under this sec- tion to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation A loan deficiency payment for a loan com- modity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under sub- section (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quan- tity for which the producers obtain a mar- keting assistance loan under section 9031 of this title. (c) Payment rate (1) In general In the case of a loan commodity, the pay- ment rate shall be the amount by which— (A) the loan rate established under section 9032 of this title for the loan commodity; ex- ceeds (B) the rate at which a marketing assist- ance loan for the loan commodity may be re- paid under section 9034 of this title. (2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 9032 of this title for ungraded wool; exceeds (B) the rate at which a marketing assist- ance loan for ungraded wool may be repaid under section 9034 of this title. (3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 9032 of this title for the loan commodity from which the hay or silage is derived; ex- ceeds (B) the rate at which a marketing assist- ance loan for the loan commodity may be re- paid under section 9034 of this title. (d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton. (e) Effective date for payment rate determina- tion The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with re- spect to a quantity of a loan commodity or com- modity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment. (Pub. L. 113–79, title I, § 1205, Feb. 7, 2014, 128 Stat. 679; Pub. L. 115–334, title I, § 1201(c)(1), Dec. 20, 2018, 132 Stat. 4509.) Editorial Notes CODIFICATION Provisions of law applicable to a loan commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that loan com- modity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under sec- tion 9001 of this title. AMENDMENTS 2018—Subsec. (a)(2)(B). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. § 9036. Payments in lieu of loan deficiency pay- ments for grazed acreage (a) Eligible producers (1) In general Effective for each of the 2014 through 2023 crop years, in the case of a producer that would be eligible for a loan deficiency pay- ment under section 9035 of this title for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage Effective for each of the 2014 through 2023 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agree- ment with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment amount (1) In general The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate de- termined under section 9035(c) of this title in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the pro- ducer elects to forgo harvesting of wheat, barley, or oats; and (ii)(I) the payment yield in effect for the calculation of price loss coverage under section 9015 of this title with respect to that loan commodity on the farm; (II) in the case of a farm for which agri- culture risk coverage is elected under sec- tion 9016(a) of this title, the payment yield that would otherwise be in effect with re- spect to that loan commodity on the farm in the absence of such election; or Page 2278 TITLE 7—AGRICULTURE § 9037 (III) in the case of a farm for which no payment yield is otherwise established for that loan commodity on the farm, an ap- propriate yield established by the Sec- retary in a manner consistent with section 9013(c) of this title. (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate de- termined under section 9035(c) of this title in effect for wheat, as of the date of the agree- ment, for the county in which the farm is lo- cated; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the pro- ducer elects to forgo harvesting of triticale; and (ii)(I) the payment yield in effect for the calculation of price loss coverage under subchapter I with respect to wheat on the farm; (II) in the case of a farm for which agri- culture risk coverage is elected under sec- tion 9016(a) of this title, the payment yield that would otherwise be in effect for wheat on the farm in the absence of such elec- tion; or (III) in the case of a farm for which no payment yield is otherwise established for wheat on the farm, an appropriate yield es- tablished by the Secretary in a manner consistent with section 9013(c) of this title. (c) Time, manner, and availability of payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under sec- tion 9035 of this title. (2) Availability (A) In general The Secretary shall establish an avail- ability period for the payments authorized by this section. (B) Certain commodities In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this sub- chapter. (d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2014 through 2023 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eli- gible for an indemnity under a policy or plan of insurance authorized under the Federal Crop In- surance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 7333 of this title. (Pub. L. 113–79, title I, § 1206, Feb. 7, 2014, 128 Stat. 680; Pub. L. 115–334, title I, § 1201(c)(2), Dec. 20, 2018, 132 Stat. 4509.) Editorial Notes REFERENCES IN TEXT Subchapter I, referred to in subsec. (b)(2)(B)(ii)(I), was in the original ‘‘subtitle A’’, meaning subtitle A of title I of Pub. L. 113–79, Feb. 7, 2014, 128 Stat. 658, which is classified principally to subchapter I of this chapter. For complete classification of subtitle A to the Code, see Tables. The Federal Crop Insurance Act, referred to in sub- sec. (d), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to sub- chapter I (§ 1501 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see sec- tion 1501 of this title and Tables. CODIFICATION Provisions of law applicable to a loan commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that loan com- modity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under sec- tion 9001 of this title. AMENDMENTS 2018—Subsecs. (a), (d). Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’ wherever appearing. § 9037. Special marketing loan provisions for up- land cotton (a) Special import quota (1) Definition of special import quota In this subsection, the term ‘‘special import quota’’ means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota. (2) Establishment (A) In general The President shall carry out an import quota program beginning on August 1, 2014, as provided in this subsection. (B) Program requirements Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday aver- age price quotation for the lowest-priced United States growth, as quoted for Mid- dling (M) 13⁄32-inch cotton, delivered to a de- finable and significant international mar- ket, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special im- port quota. (3) Quantity The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or, in the absence of sufficient data, as estimated by the Secretary. (4) Application The quota shall apply to upland cotton pur- chased not later than 90 days after the date of the Secretary’s announcement under para- graph (2) and entered into the United States not later than 180 days after that date. (5) Overlap A special quota period may be established that overlaps any existing quota period if re-