§1783. Payments
(a) Use of payments
The payments shall be such as the Secretary of Agriculture determines to be sufficient, when added to the national average price received by producers, to give producers a national average return for the commodity equal to the support price level therefor: Provided, That the total of all such payments made under this Act shall not at any time exceed an amount equal to 70 per centum of the accumulated totals, as of the same date, of the gross receipts from duties collected on and after January 1, 1953, on wool or fine animal hair, and articles thereof, as provided for in the Harmonized Tariff Schedule of the United States. In the case of each of the 1994 and 1995 marketing years, the payments shall be 75 and 50 percent, respectively, of the amount otherwise determined under the preceding sentence. The payments shall be made upon wool and mohair marketed by the producers thereof, but any wool or mohair produced prior to January 1, 1955, shall not be the subject of payments. The payments shall be at such rates for the marketing year or periods thereof as the Secretary determines will give producers the support price level as herein provided. Payments to any producer need not be made if the Secretary determines that the amount of the payment to the producer or all producers is too small to justify the cost of making such payments. The Secretary may make the payment to producers through the marketing agency to or through whom the producer marketed his wool or mohair: Provided, That such marketing agency agrees to receive and promptly distribute the payments on behalf of such producers. In case any person who is entitled to any such payment dies, becomes incompetent, or disappears before receiving such payment, or is succeeded by another who renders or completes the required performance, the payment shall, without regard to any other provisions of law, be made as the Secretary may determine to be fair and reasonable in all the circumstances and provided by regulation.
(b) Payment limitation
(1) In general
The total amount of payments that a person shall be entitled to receive under this Act for wool or mohair for any marketing year shall not exceed-
(A) $200,000 for the 1991 marketing year;
(B) $175,000 for the 1992 marketing year;
(C) $150,000 for the 1993 marketing year;
(D) $125,000 for the 1994 marketing year;
(E) $100,000 for the 1995 marketing year;
(F) $75,000 for the 1996 marketing year; and
(G) $50,000 for the 1997 marketing year.
(2) Enforcement
The Secretary shall issue regulations defining the term "person" for purposes of this section. The regulations shall be consistent with regulations issued by the Secretary in accordance with sections 1308, 1308 1, and 1308 2 of this title.
(c) Marketing assessments
Effective only for each of the 1991 and 1992 marketing years for wool and mohair, the Secretary shall deduct an amount from the payment to be made available to producers of wool and mohair under subsection (a) of this section equal to 1 percent of the payment.
(Aug. 28, 1954, ch. 1041, title VII, §704,
Repeal of Section
Section repealed effective Dec. 31, 1995, see section 3(a) of Pub. L. 103 130, set out as an Effective Date of Repeal note under section 1782 of this title.
References in Text
This Act, referred to in subsecs. (a) and (b), is act Aug. 28, 1954, ch. 1041,
The Harmonized Tariff Schedule of the United States, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
Amendments
1993-Pub. L. 103 130, §4(c)(1), substituted "Payments" for "Payment as means of price support" in section catchline.
Subsec. (a). Pub. L. 103 130, §§2, 4(c)(2), substituted "The" for "If payments are utilized as a means of price support, the" in first sentence and inserted after first sentence "In the case of each of the 1994 and 1995 marketing years, the payments shall be 75 and 50 percent, respectively, of the amount otherwise determined under the preceding sentence."
Subsec. (b)(1)(D) to (G). Pub. L. 103 66, §1111(2)(A), added subpars. (D) to (G) and struck out former subpar. (D) which read "$125,000 for each of the 1994 and subsequent marketing years."
Subsec. (c). Pub. L. 103 66, §1111(2)(B), substituted "and 1992" for "through 1995".
1991-Pub. L. 102 237 substituted "Payment" for "Payments" in section catchline.
1990-Pub. L. 101 624 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Subsec. (c). Pub. L. 101 508 added subsec. (c).
1988-Pub. L. 100 418 substituted "wool or fine animal hair, and articles thereof, as provided for in the Harmonized Tariff Schedule of the United States" for "all articles subject to duty under schedule 11 of the Tariff Act of 1930, as amended".
1958-Pub. L. 85 835 struck out from first proviso "specific" first time it appeared and "(whether or not such specific duties are parts of compound rates)".
Effective Date of 1990 Amendments
Amendment by Pub. L. 101 624 effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101 624, set out as a note under section 1421 of this title.
Amendment by Pub. L. 101 508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101 508, set out as a note under section 511r of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100 418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100 418, set out as a note under section 3001 of Title 19, Customs Duties.
Liability of Producers
Amendment by Pub. L. 103 130 not to affect the liability of any person under this section as in effect before Nov. 1, 1993, see section 5 of Pub. L. 103 130, set out as a note under section 1782 of this title.
Section Referred to in Other Sections
This section is referred to in section 1787 of this title.