7 U.S.C. § 9081 — Supplemental agricultural disaster assist-

Page 2293 TITLE 7—AGRICULTURE § 9081 distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying— (A) the current reimbursement price de- scribed in paragraph (2); and (B) the volume of milk required to make the donated eligible dairy product. (2) Reimbursement price The Secretary— (A) shall set the reimbursement price re- ferred to in paragraph (1)(A) at a value that shall— (i) be representative of the cost of the milk required to make the donated eligible dairy product; (ii) be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product; (iii) be sufficient to avoid food waste; and (iv) not interfere with the commercial marketing of milk or dairy products; (B) may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of— (i) encouraging the donation of surplus eligible dairy products; (ii) facilitating the orderly marketing of milk; (iii) reducing volatility relating to sig- nificant market disruptions; (iv) maintaining traditional price rela- tionships between classes of milk; or (v) stabilizing on-farm milk prices. (3) Documentation (A) In general An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate— (i) the production of the eligible dairy product; and (ii) the donation of the eligible dairy product to an eligible distributor. (B) Verification The Secretary may verify the accuracy of documentation submitted under subpara- graph (A). (4) Retroactive reimbursement In providing reimbursements under para- graph (1), the Secretary may provide reim- bursements for eligible dairy product costs in- curred before the date on which the donation and distribution plan for the applicable par- ticipating partnership was approved by the Secretary under subsection (c)(2)(A)(ii). (5) Emergency and disaster-related prioritization In providing reimbursements under para- graph (1), the Secretary shall give priority to reimbursements to eligible dairy organiza- tions covered by a donation and distribution plan for which the Secretary makes an affirm- ative determination under subsection (c)(2)(B)(i). (e) Prohibition on resale of products (1) In general An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into com- mercial markets. (2) Prohibition on future participation An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section. (f) Reviews The Secretary shall conduct appropriate re- views or audits to ensure the integrity of the program established under this section. (g) Publication of donation activity The Secretary, acting through the Adminis- trator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section. (h) Supplemental reimbursements (1) In general The Secretary shall make a supplemental re- imbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under section 9071 of this title during the period beginning on January 1, 2020, and ending on the date on which amounts made available under sub- section (i) are no longer available. (2) Reimbursement calculation A supplemental reimbursement described in paragraph (1) shall be an amount equal to— (A) the reimbursement calculated under subsection (d); minus (B) the reimbursement under the milk do- nation program described in paragraph (1). (i) Funding Out of any amounts of the Treasury not other- wise appropriated, there is appropriated to the Secretary to carry out this section $400,000,000, to remain available until expended. (Pub. L. 116–260, div. N, title VII, § 762, Dec. 27, 2020, 134 Stat. 2111.) Editorial Notes CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2021, and not as part of title I of Pub. L. 113–79 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Secretary’’ as used in this section, see section 760 of div. N of Pub. L. 116–260, set out as a note under section 5936a of this title. SUBCHAPTER IV—SUPPLEMENTAL AGRI- CULTURAL DISASTER ASSISTANCE PRO- GRAMS § 9081. Supplemental agricultural disaster assist- ance (a) Definitions In this section: Page 2294 TITLE 7—AGRICULTURE § 9081 (1) Covered producer The term ‘‘covered producer’’ means an eli- gible producer on a farm that is— (A) as determined by the Secretary— (i) a beginning farmer or rancher; (ii) a socially disadvantaged farmer or rancher; or (iii) a limited resource farmer or ranch- er; or (B) a veteran farmer or rancher, as defined in section 2279(a) of this title. (2) Eligible producer on a farm (A) In general The term ‘‘eligible producer on a farm’’ means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and mar- ket risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in sub- paragraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) an Indian tribe or tribal organiza- tion (as those terms are defined in section 5304 of title 25); (iv) a partnership of citizens of the United States; or (v) a corporation, limited liability cor- poration, or other farm organizational structure organized under State law. (3) Farm-raised fish The term ‘‘farm-raised fish’’ means any aquatic species that is propagated and reared in a controlled environment. (4) Livestock The term ‘‘livestock’’ includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) Livestock indemnity payments (1) Payments For fiscal year 2012 and each succeeding fis- cal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indem- nity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, sold livestock for a reduced sale price, or both as determined by the Secretary, due to— (A) attacks by animals reintroduced into the wild by the Federal Government or pro- tected by Federal law, including wolves and avian predators; (B) adverse weather, as determined by the Secretary, during the calendar year, includ- ing losses due to hurricanes, floods, bliz- zards, disease, wildfires, extreme heat, and extreme cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm; or (C) disease that, as determined by the Sec- retary— (i) is caused or transmitted by a vector; and (ii) is not susceptible to control by vac- cination or acceptable management prac- tices. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the market value of the affected livestock, as determined by the Sec- retary, on, as applicable— (A) the day before the date of death of the livestock; or (B) the day before the date of the event that caused the harm to the livestock that resulted in a reduced sale price. (3) Special rule for payments made due to dis- ease The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 8306(d) of this title. (4) Payment reductions A payment made under paragraph (1) to an eligible producer on a farm that sold livestock for a reduced sale price shall— (A) be made if the sale occurs within a rea- sonable period following the event, as deter- mined by the Secretary; and (B) be reduced by the amount that the pro- ducer received for the sale. (c) Livestock forage disaster program (1) Definitions In this subsection: (A) Covered livestock (i) In general Except as provided in clause (ii), the term ‘‘covered livestock’’ means livestock of an eligible livestock producer that, dur- ing the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligi- ble livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to pur- chase; (V) is a contract grower; or (VI) sold or otherwise disposed of due to qualifying drought conditions dur- ing— (aa) the current production year; or (bb) subject to paragraph (3)(B)(ii), 1 or both of the 2 production years im- mediately preceding the current pro- duction year. Page 2295 TITLE 7—AGRICULTURE § 9081 (ii) Exclusion The term ‘‘covered livestock’’ does not include livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire condition, as a part of the normal business operation of the eligible livestock producer, as deter- mined by the Secretary. (B) Drought monitor The term ‘‘drought monitor’’ means a sys- tem for classifying drought severity accord- ing to a range of abnormally dry to excep- tional drought, as defined by the Secretary. (C) Eligible livestock producer (i) In general The term ‘‘eligible livestock producer’’ means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county af- fected by drought; (III) certifies grazing loss; and (IV) meets all other eligibility require- ments established under this subsection. (ii) Exclusion The term ‘‘eligible livestock producer’’ does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (D) Normal carrying capacity The term ‘‘normal carrying capacity’’, with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that di- minishes the production of the grazing land or pastureland. (E) Normal grazing period The term ‘‘normal grazing period’’, with respect to a county, means the normal graz- ing period during the calendar year for the county, as determined under paragraph (3)(D)(i). (2) Program For fiscal year 2012 and each succeeding fis- cal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— (A) a drought condition, as described in paragraph (3); or (B) fire, as described in paragraph (4). (3) Assistance for losses due to drought condi- tions (A) Eligible losses (i) In general An eligible livestock producer may re- ceive assistance under this subsection only for grazing losses for covered livestock that occur on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifi- cally for the purpose of providing graz- ing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this subsection for grazing losses that occur on land used for haying or grazing under the conserva- tion reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month shall, in the case of drought, be equal to 60 percent of the less- er of— (I) the monthly feed cost for all cov- ered livestock owned or leased by the eli- gible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock pro- ducer that sold or otherwise disposed of covered livestock due to drought condi- tions in 1 or both of the 2 production years immediately preceding the current produc- tion year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in ac- cordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as deter- mined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(II), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount deter- mined by the Secretary that represents Page 2296 TITLE 7—AGRICULTURE § 9081 the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— (I) the higher of— (aa) the national average corn price per bushel for the 12-month period im- mediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the national average corn price per bushel for the 24-month period im- mediately preceding that March 1; by (II) 56. (D) Normal grazing period and drought mon- itor intensity (i) FSA county committee determinations (I) In general The Secretary shall determine the nor- mal carrying capacity and normal graz- ing period for each type of grazing land or pastureland in the county served by the applicable committee. (II) Changes No change to the normal carrying ca- pacity or normal grazing period estab- lished for a county under subclause (I) shall be made unless the change is re- quested by the appropriate State and county Farm Service Agency commit- tees. (ii) Drought intensity (I) D2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subpara- graph (B). (II) D3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be el- igible to receive assistance under this paragraph— (aa) in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B); (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing pe- riod for the county, or is rated as hav- ing a D4 (exceptional drought) inten- sity in any area of the county at any time during the normal grazing period, in an amount equal to 4 monthly pay- ments using the monthly payment rate determined under subparagraph (B); or (cc) if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing pe- riod, in an amount equal to 5 monthly payments using the monthly rate de- termined under subparagraph (B). (4) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the grazing losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is pro- hibited by the Federal agency from graz- ing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (3)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible live- stock producer shall be eligible to receive assistance under this paragraph for the pe- riod— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the man- aged rangeland for grazing; and (II) ending on the last day of the Fed- eral lease of the eligible livestock pro- ducer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (5) No duplicative payments An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under para- graph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary. (d) Emergency assistance for livestock, honey bees, and farm-raised fish (1) In general For fiscal year 2012 and each succeeding fis- cal year, the Secretary shall use the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of live- Page 2297 TITLE 7—AGRICULTURE § 9081 stock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease (in- cluding cattle tick fever), adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary, including inspec- tions of cattle tick fever. (3) Availability of funds Any funds made available under this sub- section shall remain available until expended. (4) Payment rate for covered producers In the case of a covered producer that is eli- gible to receive assistance under this sub- section, the Secretary shall provide reim- bursement of 90 percent of the cost of losses described in paragraph (1) or (2). (e) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term ‘‘eligible orchardist’’ means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster The term ‘‘natural disaster’’ means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower The term ‘‘nursery tree grower’’ means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree The term ‘‘tree’’ includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), for fiscal year 2012 and each succeeding fiscal year, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— (i) under paragraph (3) to eligible or- chardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural dis- aster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible or- chardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural dis- aster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (ad- justed for normal mortality). (3) Assistance Subject to paragraphs (4) and (5), the assist- ance provided by the Secretary to eligible or- chardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A)(i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, suffi- cient seedlings to reestablish a stand; and (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs in- curred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms ‘‘legal entity’’ and ‘‘person’’ have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)). (B) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive pay- ments under this subsection may not exceed 1,000 acres. (5) Payment rate for beginning and veteran producers Subject to paragraph (4), in the case of a be- ginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in sub- section (a) of section 2279 of this title) that is eligible to receive assistance under this sub- section, the Secretary shall provide reim- bursement of 75 percent of the costs under sub- paragraphs (A)(i) and (B) of paragraph (3). (f) Payment limitations (1) Definitions of legal entity and person In this subsection, the terms ‘‘legal entity’’ and ‘‘person’’ have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)). (2) Amount The total amount of disaster assistance pay- ments received, directly or indirectly, by a person or legal entity (excluding a joint ven- ture or general partnership) under subsection (c) may not exceed $125,000 for any crop year. (3) Direct attribution Subsections (e) and (f) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any successor provisions relating to direct attribu- tion shall apply with respect to assistance pro- vided under this section. (Pub. L. 113–79, title I, § 1501, Feb. 7, 2014, 128 Stat. 697; Pub. L. 115–123, div. B, title I, Page 2298 TITLE 7—AGRICULTURE § 9091 § 20101(a)–(d), Feb. 9, 2018, 132 Stat. 68, 69; Pub. L. 115–334, title I, § 1501(a)–(c)(1), (d), (e), title XII, § 12306(h), Dec. 20, 2018, 132 Stat. 4522, 4523, 4970.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (c)(3)(A)(ii), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Subchapter B of chapter 1 of subtitle D of title XII is classified generally to subpart B (§ 3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16, Conserva- tion. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables. AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 12306(h)(1)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(1)(B)(iii) to (v). Pub. L. 115–334, § 1501(a), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively. Subsec. (a)(2) to (5). Pub. L. 115–334, § 12306(h)(1)(A), redesignated pars. (1) to (4) as (2) to (5), respectively. Subsec. (b)(1). Pub. L. 115–123, § 20101(a)(1), inserted ‘‘sold livestock for a reduced sale price, or both’’ after ‘‘normal mortality,’’ in introductory provisions. Subsec. (b)(1)(B). Pub. L. 115–334, § 1501(b)(1)(B), sub- stituted ‘‘cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm; or’’ for ‘‘cold.’’ Subsec. (b)(1)(C). Pub. L. 115–334, § 1501(b)(1)(A), (C), added subpar. (C). Subsec. (b)(2). Pub. L. 115–123, § 20101(a)(2), substituted ‘‘affected livestock, as determined by the Secretary, on, as applicable—’’ for ‘‘applicable livestock on the day before the date of death of the livestock, as deter- mined by the Secretary.’’ and added subpars. (A) and (B). Subsec. (b)(4). Pub. L. 115–334, § 1501(b)(2), inserted heading. Pub. L. 115–123, § 20101(a)(3), added par. (4). Subsec. (d)(1). Pub. L. 115–123, § 20101(b), struck out ‘‘not more than $20,000,000 of’’ before ‘‘the funds of the Commodity Credit Corporation’’. Subsec. (d)(2). Pub. L. 115–334, § 1501(c)(1), inserted ‘‘, including inspections of cattle tick fever’’ before pe- riod at end. Subsec. (d)(4). Pub. L. 115–334, § 12306(h)(2), added par. (4). Subsec. (e)(3). Pub. L. 115–334, § 1501(d)(1), substituted ‘‘paragraphs (4) and (5)’’ for ‘‘paragraph (4)’’ in intro- ductory provisions. Subsec. (e)(4)(B), (C). Pub. L. 115–123, § 20101(c), (d)(1), substituted ‘‘1,000 acres’’ for ‘‘500 acres’’ in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: ‘‘The total amount of payments re- ceived, directly or indirectly, by a person or legal enti- ty (excluding a joint venture or general partnership) under this subsection may not exceed $125,000 for any crop year, or an equivalent value in tree seedlings.’’ Subsec. (e)(5). Pub. L. 115–334, § 1501(d)(2), added par. (5). Subsec. (f)(2). Pub. L. 115–334, § 1501(e), substituted ‘‘subsection (c)’’ for ‘‘this section (excluding payments received under subsections (b) and (e))’’. Pub. L. 115–123, § 20101(d)(2), substituted ‘‘subsections (b) and (e)’’ for ‘‘subsection (e)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title I, § 1501(c)(2), Dec. 20, 2018, 132 Stat. 4522, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to in- spections of cattle tick fever conducted on or after the date of enactment of this Act [Dec. 20, 2018].’’ Pub. L. 115–123, div. B, title I, § 20101(e), Feb. 9, 2018, 132 Stat. 69, provided that: ‘‘Section 1501 of the Agricul- tural Act of 2014 (7 U.S.C. 9081), as amended by this sec- tion, shall apply with respect to losses described in such section 1501 incurred on or after January 1, 2017.’’ SUBCHAPTER V—ADMINISTRATION § 9091. Administration generally (a) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Cor- poration 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 sub- section, not later than 90 days after February 7, 2014, the Secretary and the Commodity Credit Corporation, as appropriate, shall pro- mulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter. (2) Procedure The promulgation of the regulations and ad- ministration of this chapter and the amend- ments 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; 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 Sec- retary shall use the authority provided under section 808 of title 5. (d) Adjustment authority related to trade agree- ments compliance (1) Required determination; adjustment If the Secretary determines that expendi- tures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as de- fined in section 3501 of title 19) will exceed such allowable levels for any applicable re- porting period, the Secretary shall, to the maximum extent practicable, make adjust- ments in the amount of such expenditures dur- ing that period to ensure that such expendi- tures do not exceed the allowable levels. (2) Congressional notification Before making any adjustment under para- graph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the ad- justment to be made. (Pub. L. 113–79, title I, § 1601, Feb. 7, 2014, 128 Stat. 704; Pub. L. 115–334, title I, § 1701, Dec. 20, 2018, 132 Stat. 4525.)