[107th Congress Public Law 25]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ025.107]
[[Page 115 STAT. 201]]
Public Law 107-25
107th Congress
An Act
To respond to the continuing economic crisis adversely affecting
American agricultural producers. <<NOTE: Aug. 13, 2001 - [H.R. 2213]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MARKET LOSS ASSISTANCE.
(a) Assistance Authorized.--The Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall, to the maximum extent
practicable, use $4,622,240,000 of funds of the Commodity Credit
Corporation to make a market loss assistance payment to owners and
producers on a farm that are eligible for a final payment for fiscal
year 2001 under a production flexibility contract for the farm under the
Agriculture Market Transition Act (7 U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the total contract payments received by the owners and
producers for fiscal year 2001 under a production flexibility contract
for the farm under the Agricultural Market Transition Act.
SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT.
The Secretary shall use $423,510,000 of funds of the Commodity
Credit Corporation to make a supplemental payment under section 202 of
the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
U.S.C. 1421 note) to producers of the 2000 crop of oilseeds that
previously received a payment under such section.
SEC. 3. SUPPLEMENTAL PEANUT PAYMENT.
The Secretary shall use $54,210,000 of funds of the Commodity Credit
Corporation to provide a supplemental payment under section 204(a) of
the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
U.S.C. 1421 note) to producers of quota peanuts or additional peanuts
for the 2000 crop year that previously received a payment under such
section. The Secretary shall adjust the payment rate specified in such
section to reflect the amount made available for payments under this
section.
SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT.
(a) Supplemental Payment.--The Secretary shall use $129,000,000 of
funds of the Commodity Credit Corporation to provide a supplemental
payment under section 204(b) of the Agricultural Risk Protection Act of
2000 (Public Law 106-224; 7 U.S.C. 1421 note) to eligible persons (as
defined in such section) that previously received a payment under such
section.
[[Page 115 STAT. 202]]
(b) Special Rule for Georgia.--The Secretary may make payments under
this section to eligible persons in Georgia only if the State of Georgia
agrees to use the sum of $13,000,000 to make payments at the same time,
or subsequently, to the same persons in the same manner as provided for
the Federal payments under this section, as required by section
204(b)(6) of the Agricultural Risk Protection Act of 2000.
SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAYMENT.
The Secretary shall use $16,940,000 of funds of the Commodity Credit
Corporation to provide a supplemental payment under section 814 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106-
387), to producers of wool, and producers of mohair, for the 2000
marketing year that previously received a payment under such section.
The Secretary shall adjust the payment rate specified in such section to
reflect the amount made available for payments under this section.
SEC. 6. SUPPLEMENTAL COTTONSEED ASSISTANCE.
The Secretary shall use $84,700,000 of funds of the Commodity Credit
Corporation to provide supplemental assistance under section 204(e) of
the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
U.S.C. 1421 note) to producers and first-handlers of the 2000 crop of
cottonseed that previously received assistance under such section.
SEC. 7. SPECIALTY CROPS.
(a) Base State Grants.--The Secretary shall use $26,000,000 of funds
of the Commodity Credit Corporation to make grants to the several States
and the Commonwealth of Puerto Rico to be used to support activities
that promote agriculture. The amount of the grant shall be--
(1) $500,000 to each of the several States; and
(2) $1,000,000 to the Commonwealth of Puerto Rico.
(b) Grants for Value Of Production.--The Secretary shall use
$133,400,000 of funds of the Commodity Credit Corporation to make a
grant to each of the several States in an amount that represents the
proportion of the value of specialty crop production in the State in
relation to the national value of specialty crop production, as follows:
(1) California, $63,320,000.
(2) Florida, $16,860,000.
(3) Washington, $9,610,000.
(4) Idaho, $3,670,000.
(5) Arizona, $3,430,000.
(6) Michigan, $3,250,000.
(7) Oregon, $3,220,000.
(8) Georgia, $2,730,000.
(9) Texas, $2,660,000.
(10) New York, $2,660,000.
(11) Wisconsin, $2,570,000.
(12) North Carolina, $1,540,000.
(13) Colorado, $1,510,000.
(14) North Dakota, $1,380,000.
(15) Minnesota, $1,320,000.
(16) Hawaii, $1,150,000.
(17) New Jersey, $1,100,000.
[[Page 115 STAT. 203]]
(18) Pennsylvania, $980,000.
(19) New Mexico, $900,000.
(20) Maine, $880,000.
(21) Ohio, $800,000.
(22) Indiana, $660,000.
(23) Nebraska, $640,000.
(24) Massachusetts,$640,000.
(25) Virginia, $620,000.
(26) Maryland, $500,000.
(27) Louisiana, $460,000.
(28) South Carolina, $440,000.
(29) Tennessee, $400,000.
(30) Illinois, $400,000.
(31) Oklahoma, $390,000.
(32) Alabama, $300,000.
(33) Delaware, $290,000.
(34) Mississippi, $250,000.
(35) Kansas, $210,000.
(36) Arkansas, $210,000.
(37) Missouri, $210,000.
(38) Connecticut, $180,000.
(39) Utah, $140,000.
(40) Montana, $140,000.
(41) New Hampshire, $120,000.
(42) Nevada, $120,000.
(43) Vermont, $120,000.
(44) Iowa, $100,000.
(45) West Virginia, $90,000.
(46) Wyoming, $70,000.
(47) Kentucky, $60,000.
(48) South Dakota, $40,000.
(49) Rhode Island, $40,000.
(50) Alaska, $20,000.
(c) Specialty Crop Priority.--As a condition on the receipt of a
grant under this section, a State shall agree to give priority to the
support of specialty crops in the use of the grant funds.
(d) Specialty Crop Defined.--In this section, the term ``specialty
crop'' means any agricultural crop, except wheat, feed grains, oilseeds,
cotton, rice, peanuts, and tobacco.
SEC. 8. COMMODITY ASSISTANCE PROGRAM. <<NOTE: Grants.>>
The Secretary shall use $10,000,000 of funds of the Commodity Credit
Corporation to make a grant to each of the several States to be used by
the States to cover direct and indirect costs related to the processing,
transportation, and distribution of commodities to eligible recipient
agencies. The grants shall be allocated to States in the manner provided
under section 204(a) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7508(a)).
SEC. 9. <<NOTE: Georgia.>> TECHNICAL CORRECTION REGARDING INDEMNITY
PAYMENTS FOR COTTON PRODUCERS.
(a) Conditions on Payment to State.--Subsection (b) of section 1121
of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of Public Law 105-277 (7 U.S.C. 1421 note)), and as
amended by section 754 of the Agriculture, Rural Development, Food and
Drug Administration, and
[[Page 115 STAT. 204]]
Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106-
387; 114 Stat. 1549A-42), is amended to read as follows:
``(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State--
``(1) contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later
than January 1, 2002 (or as soon as administratively practical
thereafter), to provide compensation to cotton producers as
provided in such subsection;
``(2) requires the recipient of a payment from the indemnity
fund to repay the State, for deposit in the indemnity fund, the
amount of any duplicate payment the recipient otherwise recovers
for such loss of cotton, or the loss of proceeds from the sale
of cotton, up to the amount of the payment from the indemnity
fund; and
``(3) agrees to deposit in the indemnity fund the proceeds
of any bond collected by the State for the benefit of recipients
of payments from the indemnity fund, to the extent of such
payments.''.
(b) Additional Disbursements From the Indemnity Fund.--Subsection
(d) of such section <<NOTE: 7 USC 1421 note.>> is amended to read as
follows:
``(d) Additional Disbursement to Cotton Ginners.--The State of
Georgia shall use funds remaining in the indemnity fund, after the
provision of compensation to cotton producers in Georgia under
subsection (a) (including cotton producers who file a contingent claim,
as defined and provided in section 5.1 of chapter 19 of title 2 of the
Official Code of Georgia), to compensate cotton ginners (as defined and
provided in such section) that--
``(1) incurred a loss as the result of--
``(A) the business failure of any cotton buyer doing
business in Georgia; or
``(B) the failure or refusal of any such cotton
buyer to pay the contracted price that had been agreed
upon by the ginner and the buyer for cotton grown in
Georgia on or after January 1, 1997, and had been
purchased or contracted by the ginner from cotton
producers in Georgia;
``(2) paid cotton producers the amount which the cotton
ginner had agreed to pay for such cotton received from such
cotton producers in Georgia; and
``(3) satisfy the procedural requirements and deadlines
specified in chapter 19 of title 2 of the Official Code of
Georgia applicable to cotton ginner claims.''.
(c) Conforming Amendment.--Subsection (c) of such section is amended
by striking ``Upon the establishment of the indemnity fund, and not
later than October 1, 1999, the'' and inserting ``The''.
SEC. 10. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY
PAYMENTS AND MARKETING LOAN GAINS.
Notwithstanding section 1001(2) of the Food Security Act of 1985 (7
U.S.C. 1308(1)), the total amount of the payments specified in section
1001(3) of that Act that a person shall be entitled to receive for one
or more contract commodities and oilseeds under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) during the 2001 crop year may not
exceed $150,000.
[[Page 115 STAT. 205]]
SEC. 11. TIMING OF, AND LIMITATION ON, EXPENDITURES.
(a) Deadline for Expenditures.--All expenditures required by this
Act shall be made not later than September 30, 2001. Any funds made
available by this Act and remaining unexpended by October 1, 2001, shall
be deemed to be unexpendable, and the authority provided by this Act to
expend such funds is rescinded effective on that date.
(b) Total Amount of Expenditures.--The total amount expended under
this Act may not exceed $5,500,000,000. If the payments required by this
Act would result in expenditures in excess of such amount, the Secretary
shall reduce such payments on a pro rata basis as necessary to ensure
that such expenditures do not exceed such amount.
SEC. 12. REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this Act and the amendments made by this Act. The
promulgation of the regulations and administration of this Act shall be
made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) 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
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
Approved August 13, 2001.
LEGISLATIVE HISTORY--H.R. 2213 (S. 1246):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-111 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 26, considered and passed House.
Aug. 3, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Aug. 13, Presidential statement.
<all>