7 U.S.C. § 8781: Administration generally

Summary

The Secretary must use the Commodity Credit Corporation’s funds, facilities, and powers to run the programs in this chapter unless the chapter says otherwise. Any decision the Secretary makes under this chapter is final. Within 90 days after the Act is enacted, the Secretary and the Commodity Credit Corporation must write the rules needed to carry out the chapter and its changes. They may do this without following chapter 35 of title 44 (the Paperwork Reduction Act), the Secretary of Agriculture’s July 24, 1971 notice-and-comment policy (36 Fed. Reg. 13804), or the notice-and-comment rules in section 553 of title 5. The Secretary must use the authority in section 808 of title 5 for congressional review. The changes made by sections 1603 and 1604 must be put into effect for the 2009 crop, fiscal, or program year by an interim rule. If the Secretary finds that spending covered by the Uruguay Round Agreements (as defined in section 3501 of title 19) will go over the allowed domestic support limits for any reporting period, the Secretary must, to the maximum extent practicable, cut or adjust those expenditures that period so they do not exceed the limits. Before making such an adjustment, the Secretary must send a report to the House Committee on Agriculture or the Senate Committee on Agriculture, Nutrition, and Forestry describing the finding and the size of the adjustment.

Title 7, §8781

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(a)Use of Commodity Credit Corporation

Except as otherwise provided in this chapter, 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

Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this chapter and the amendments made by this chapter.

(2)Procedure

The promulgation of the regulations and administration of this chapter and the amendments made by this chapter shall be made without regard to—

(A)chapter 35 of title 44 (commonly known 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.

(4)Interim regulations

Notwithstanding paragraphs (1) and (2), the Secretary shall implement the amendments made by section 1603 and 1604 for the 2009 crop, fiscal, or program year, as appropriate, through the promulgation of an interim rule.

(d)Adjustment authority related to trade agreements compliance

(1)Required determination; adjustment

If the Secretary determines that expenditures under this chapter that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 3501 of title 19) 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 of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 110–246,

June 18, 2008, 122 Stat. 1664, which enacted this chapter and section 1359kk, 1359ll, and 7287 of this title, amended section 608c, 1308, 1308–1, 1308–2, 1308–3a, 1308a, 1359aa to 1359gg, 1359ii, 1471g, 1524, 1637b, 4502, 4504, 4531, 4553, 7284, 7286, 7333, 7416a, 7971, 7991, and 8204 of this title, section 1141j of Title 12, Banks and Banking, section 713a–14 of Title 15, Commerce and Trade, section 590h and 2106a of Title 16, Conservation, section 2401 of Title 19, Customs Duties, repealed section 1359kk, 7993, and 8000 of this title, and enacted provisions set out as notes under section 1308, 1308–3a, 3602, 7272 and 7333 of this title. For complete classification of title I to the Code, see Tables. The date of enactment of this Act, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 110–246, which was approved

June 18, 2008. section 1603 and 1604, referred to in subsec. (c)(4), are section 1603 and 1604 of Pub. L. 110–246, title I, June 18 2008, 122 Stat. 1730, 1740, which amended sections 1308 to 1308–3a, 1308a, 1471g, 1524, 7333, and 8204 of this title, section 2106a of Title 16, Conservation, and section 2401 of Title 19, Customs Duties, and enacted provisions set out as notes under section 1308, 1308–3a, and 7333 of this title. For complete classification of section 1603 and 1604 to the Code, see Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section is comprised of section 1601 of Pub. L. 110–246. Subsec. (e) of section 1601 of Pub. L. 110–246 amended section 7991 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment 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 a note under section 8701 of this title.

§8781 Administration Generally