7 U.S.C. § 7984 — Studies of effects of changes in approach

Page 2146 TITLE 7—AGRICULTURE § 7983 1 See References in Text note below. ginning on the date that is 60 days after May 13, 2002, and ending on September 30, 2007. (g) Duration of contract (1) In general Except as provided in paragraph (2), any con- tract entered into by producers on a dairy farm under this section shall cover eligible production marketed by the producers on the dairy farm during the period starting with the first day of month the producers on the dairy farm enter into the contract and ending on September 30, 2007. (2) Violations If a producer violates the contract, the Sec- retary may— (A) terminate the contract and allow the producer to retain any payments received under the contract; or (B) allow the contract to remain in effect and require the producer to repay a portion of the payments received under the contract based on the severity of the violation. (Pub. L. 107–171, title I, § 1502, May 13, 2002, 116 Stat. 205; Pub. L. 109–171, title I, § 1101, Feb. 8, 2006, 120 Stat. 4; Pub. L. 110–28, title IX, § 9006(a), May 25, 2007, 121 Stat. 217.) Editorial Notes REFERENCES IN TEXT Section 805 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, referred to in subsec. (d)(2), is section 805 of Pub. L. 106–387, § 1(a) [title VIII], Oct. 28, 2000, 114 Stat. 1549, 1549A–50, which is not classified to the Code. AMENDMENTS 2007—Subsec. (c)(3). Pub. L. 110–28 inserted ‘‘and’’ at end of subpar. (A), substituted ‘‘September 30, 2007, 34 percent.’’ for ‘‘August 31, 2007, 34 percent; and’’ in sub- par. (B), and struck out subpar. (C), which read as fol- lows: ‘‘during the period beginning on September 1, 2007, 0 percent.’’ 2006—Subsec. (c)(3). Pub. L. 109–171, § 1101(a), added par. (3) and struck out former par. (3) which read as fol- lows: ‘‘45 percent.’’ Subsec. (f). Pub. L. 109–171, § 1101(b), substituted ‘‘2007’’ for ‘‘2005’’. Subsec. (g)(1). Pub. L. 109–171, § 1101(b), (c)(1), struck out ‘‘and subsection (h) of this section’’ after ‘‘para- graph (2)’’ and substituted ‘‘2007’’ for ‘‘2005’’. Subsec. (h). Pub. L. 109–171, § 1101(c)(2), struck out subsec. (h), which related to transition rule. § 7983. Study of national dairy policy (a) Study required The Secretary of Agriculture shall conduct a comprehensive economic evaluation of the po- tential direct and indirect effects of the various elements of the national dairy policy, including an examination of the effect of the national dairy policy on— (1) farm price stability, farm profitability and viability, and local rural economies in the United States; (2) child, senior, and low-income nutrition programs, including impacts on schools and institutions participating in the programs, on program recipients, and other factors; and (3) the wholesale and retail cost of fluid milk, dairy farms, and milk utilization. (b) Report Not later than 1 year after May 13, 2002, the Secretary shall submit to the Committee on Ag- riculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study required by this section. (c) National dairy policy defined In this section, the term ‘‘national dairy pol- icy’’ means the dairy policy of the United States as evidenced by the following policies and pro- grams: (1) Federal milk marketing orders issued under section 608c of this title. (2) Interstate dairy compacts (including pro- posed compacts described in H.R. 1827 and S. 1157, as introduced in the 107th Congress). (3) Over-order premiums and State pricing programs. (4) Direct payments to milk producers. (5) Federal milk price support program es- tablished under section 7981 of this title.1 (6) Export programs regarding milk and dairy products, such as the dairy export incen- tive program established under section 713a–14 of title 15.1 (Pub. L. 107–171, title I, § 1507, May 13, 2002, 116 Stat. 210.) Editorial Notes REFERENCES IN TEXT H.R. 1827, referred to in subsec. (c)(2), which would have granted consent to the Northeast Interstate Dairy Compact, the Southern Dairy Compact, the Pacific Northwest Dairy Compact, and the Intermountain Dairy Compact, was not enacted into law during the 107th Congress. S. 1157, referred to in subsec. (c)(2), which would have granted consent to the Northeast Interstate Dairy Compact, the Southern Dairy Compact, the Pacific Northwest Dairy Compact, and the Intermountain Dairy Compact, was not enacted into law during the 107th Congress. Section 7981 of this title, referred to in subsec. (c)(5), was in the original ‘‘section 1401’’, and was translated as reading ‘‘section 1501’’, meaning section 1501 of Pub. L. 107–171 to reflect the probable intent of Congress, be- cause section 1501 of Pub. L. 107–171 relates to Federal milk price support program. Section 1401 of Pub. L. 107–171 amended sections 7272 and 7283 of this title. Section 713a–14 of title 15, referred to in subsec. (c)(6), was repealed by Pub. L. 113–79, title I, § 1423(a), Feb. 7, 2014, 128 Stat. 695. § 7984. Studies of effects of changes in approach to national dairy policy and fluid milk iden- tity standards (a) Federal dairy policy changes The Secretary of Agriculture shall conduct a study of the effects of— (1) terminating all Federal programs relat- ing to price support and supply management for milk; and (2) granting the consent of Congress to coop- erative efforts by States to manage milk prices and supply. (b) Fluid milk identity standards The Secretary shall conduct a study of the ef- fects of including in the standard of identity for Page 2147 TITLE 7—AGRICULTURE § 7991 1 So in original. Probably should be ‘‘known’’. 2 So in original. Probably should be followed by ‘‘Law’’. fluid milk a required minimum protein content that is commensurate with the average nonfat solids content of bovine milk produced in the United States. (c) Reports Not later than 1 year after May 13, 2002, the Secretary shall submit to the Committee on Ag- riculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the studies required by this section. (Pub. L. 107–171, title I, § 1508, May 13, 2002, 116 Stat. 211.) SUBCHAPTER VI—ADMINISTRATION § 7991. 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 Not later than 90 days after May 13, 2002, the Secretary and the Commodity Credit Corpora- tion, as appropriate, shall promulgate such regulations as are necessary to implement this chapter. (2) Procedure The promulgation of the regulations and ad- ministration of this chapter shall be made without regard to— (A) chapter 35 of title 44 (commonly know 1 as the ‘‘Paperwork Reduction Act’’); (B) the Statement of Policy of the Sec- retary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participa- tion in rulemaking; and (C) the notice and comment provisions of section 553 of title 5. (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) Treatment of advance payment option The protection that was afforded producers that had an option to elect to accelerate the re- ceipt of any payment under a production flexi- bility contract payable under the Federal Agri- culture Improvement and Reform Act of 1996, as provided by section 525 of Public 2 106–170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall also apply to the option to receive— (1) the advance payment of direct payments and counter-cyclical payments under sub- chapter I and subchapter III; (2) the single payment of compensation for eligible peanut quota holders under section 7960 of this title; and (3) the advance payment of direct payments and counter-cyclical payments under title I of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8701 et seq.]. (e) Adjustment authority related to Uruguay Round compliance (1) Required determination; adjustment If the Secretary determines that expendi- tures under subchapters I through V that are subject to the total allowable domestic sup- port levels under the Uruguay Round Agree- ments (as defined in section 3501 of title 19), as in effect on May 13, 2002, will exceed such al- lowable levels for any applicable reporting pe- riod, the Secretary shall, to the maximum ex- tent practicable, make adjustments in the amount of such expenditures during that pe- riod to ensure that such expenditures do not exceed such allowable levels. (2) Congressional notification Before making any adjustment under para- graph (1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the determination made under that paragraph and the extent of the ad- justment to be made. (Pub. L. 107–171, title I, § 1601, May 13, 2002, 116 Stat. 211; Pub. L. 110–234, title I, § 1601(e), May 22, 2008, 122 Stat. 1001; Pub. L. 110–246, § 4(a), title I, § 1601(e), June 18, 2008, 122 Stat. 1664, 1729.) Editorial Notes REFERENCES IN TEXT For definition of ‘‘this chapter’’, referred to in sub- secs. (a) to (c), see References in Text note set out under section 7901 of this title. The Federal Agriculture Improvement and Reform Act of 1996, referred to in subsec. (d), is Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 888. For complete classification of this Act to the Code, see Short Title note set out under section 7201 of this title and Tables. Subchapter III, referred to in subsec. (d)(1), was in the original ‘‘subtitle C’’, meaning subtitle C (§§ 1301–1310) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 166, which is classified principally to subchapter III of this chapter. For complete classification of subtitle C to the Code, see References in Text note set out under section 7951 of this title and Tables. The Food, Conservation, and Energy Act of 2008, re- ferred to in subsec. (d)(3), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651. Title I of the Act is classified prin- cipally to chapter 113 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables. Subchapter V, referred to in subsec. (e)(1), was in the original ‘‘subtitle E’’, meaning subtitle E (§§ 1501–1508) of title I of Pub. L. 107–171, May 13, 2002, 116 Stat. 205, which enacted subchapter V of this chapter and amend- ed sections 1637a, 4501–4504, 4507, 4553, 6402, and 6414 of this title and section 713a–4 of Title 15, Commerce and Trade. For complete classification of subtitle E to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.