(a) Availability of loan deficiency payments(1) In generalExcept as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 9031 of this title with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.
(2) Unshorn pelts, hay, and silage(A) Marketing assistance loansSubject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 9031 of this title.
(B) Loan deficiency paymentEffective for each of the 2014 through 2023 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity.
(b) ComputationA loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying—(1) the payment rate determined under subsection (c) for the commodity; by
(2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 9031 of this title.
(c) Payment rate(1) In generalIn the case of a loan commodity, the payment rate shall be the amount by which—(A) the loan rate established under section 9032 of this title for the loan commodity; exceeds
(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.
(2) Unshorn peltsIn the case of unshorn pelts, the payment rate shall be the amount by which—(A) the loan rate established under section 9032 of this title for ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 9034 of this title.
(3) Hay and silageIn the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which—(A) the loan rate established under section 9032 of this title for the loan commodity from which the hay or silage is derived; exceeds
(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 9034 of this title.
(d) Exception for extra long staple cottonThis section shall not apply with respect to extra long staple cotton.
(e) Effective date for payment rate determinationThe Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment.
Structure US Code
CHAPTER 115— AGRICULTURAL COMMODITY POLICY AND PROGRAMS
SUBCHAPTER II— MARKETING LOANS
§ 9031. Availability of nonrecourse marketing assistance loans for loan commodities
§ 9032. Loan rates for nonrecourse marketing assistance loans
§ 9035. Loan deficiency payments
§ 9036. Payments in lieu of loan deficiency payments for grazed acreage
§ 9037. Special marketing loan provisions for upland cotton
§ 9038. Special competitive provisions for extra long staple cotton
§ 9039. Availability of recourse loans for high moisture feed grains and seed cotton