Title 7, AgricultureRelease 119-110

§7991 Administration Generally

Title 7 › CHAPTER 106 — COMMODITY PROGRAMS › SUBCHAPTER VI — ADMINISTRATION › § 7991

Last updated Sep 23, 2026|Official source

Summary

The Secretary must use the money, facilities, and powers of the Commodity Credit Corporation to carry out this chapter. Any decision the Secretary makes under this chapter is final. The Secretary and the Commodity Credit Corporation had to create needed regulations no later than 90 days after May 13, 2002. Making those rules and running this chapter does not have to follow chapter 35 of title 44, the Secretary of Agriculture’s July 24, 1971 policy (36 Fed. Reg. 13804), or the notice-and-comment rules in section 553 of title 5. In doing this, the Secretary must use the authority in section 808 of title 5 for congressional review. Producers who were allowed to speed up payment under section 525 of Public Law 106–170 (113 Stat. 1928; 7 U.S.C. 7212 note) get the same protection for three options: advance direct and counter-cyclical payments under subchapters I and III, the single payment for eligible peanut quota holders under section 7960, and advance direct and counter-cyclical payments under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.). If the Secretary finds that spending under subchapters I through V that counts toward the Uruguay Round allowable domestic support (as defined in section 3501 of title 19), as in effect on May 13, 2002, will go over the allowed level for any reporting period, the Secretary must, as much as possible, cut or change spending in that period so it does not exceed the allowed level. Before making such an adjustment, the Secretary must send a report to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture explaining the finding and the change.

Full Legal Text

Title 7, §7991

Agriculture, Source: USLM XML via OLRC

(a)Use of Commodity Credit Corporation
The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation 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 Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter.
(2)Procedure
The promulgation of the regulations and administration of this chapter shall be made without regard to—
(A)chapter 35 of title 44 (commonly know as the “Paperwork Reduction Act”);
(B)the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation 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 Secretary 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 receipt of any payment under a production flexibility contract payable under the Federal Agriculture Improvement and Reform Act of 1996, as provided by section 525 of Public 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 subchapter 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 expenditures under subchapters I through V that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19), as in effect on May 13, 2002, will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.
(2)Congressional notification
Before making any adjustment under paragraph (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 adjustment to be made.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For definition of “this chapter”, referred to in subsecs. (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, referred to in subsec. (d)(3), is Pub. L. 110–246, June 18, 2008, 122 Stat. 1651. Title I of the Act is classified principally 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 amended section 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.

Amendments

2008—Subsec. (d)(3). Pub. L. 110–246, § 1601(e), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7991

Title 7, Agriculture

Last Updated

Sep 23, 2026

Release point: 119-110