---
kind: "section"
citation: "7 U.S.C. § 7913"
title: "7"
title_heading: "Agriculture"
number: "7913"
heading: "Availability of direct payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7913"
units:
  - "Chapter 106 — Commodity Programs"
  - "Subchapter I — Direct Payments and Counter-Cyclical Payments"
---

# §7913. Availability of direct payments

- (a) **Payment required—** For each of the 2002 through 2007 crop years of each [covered commodity](/usc/7/7901.md?p=4), the [Secretary](/usc/7/7901.md?p=13) shall make [direct payments](/usc/7/7901.md?p=5) to [producers](/usc/7/7901.md?p=12) on farms for which [payment yields](/usc/7/7901.md?p=11-A) and [base acres](/usc/7/7901.md?p=2) are established.
- (b) **Payment rate—** The payment rates used to make [direct payments](/usc/7/7901.md?p=5) with respect to [covered commodities](/usc/7/7901.md?p=4) for a crop year are as follows:
  - (1) Wheat, $0.52 per bushel.
  - (2) Corn, $0.28 per bushel.
  - (3) Grain sorghum, $0.35 per bushel.
  - (4) Barley, $0.24 per bushel.
  - (5) Oats, $0.024 per bushel.
  - (6) Upland cotton, $0.0667 per pound.
  - (7) Rice, $2.35 per hundredweight.
  - (8) Soybeans, $0.44 per bushel.
  - (9) [Other oilseeds](/usc/7/7901.md?p=9), $0.0080 per pound.
- (c) **Payment amount—** The amount of the [direct payment](/usc/7/7901.md?p=5) to be paid to the [producers](/usc/7/7901.md?p=12) on a farm for a [covered commodity](/usc/7/7901.md?p=4) for a crop year shall be equal to the product of the following:
  - (1) The payment rate specified in [subsection (b)](#b).
  - (2) The [payment acres](/usc/7/7901.md?p=10) of the [covered commodity](/usc/7/7901.md?p=4) on the farm.
  - (3) The [payment yield](/usc/7/7901.md?p=11-A) for the [covered commodity](/usc/7/7901.md?p=4) for the farm.
- (d) **Time for payment—**
  - (1) **In general—** The [Secretary](/usc/7/7901.md?p=13) shall make [direct payments](/usc/7/7901.md?p=5)—
    - (A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and
    - (B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the [covered commodity](/usc/7/7901.md?p=4) is harvested.
  - (2) **Advance payments—** At the option of the [producers](/usc/7/7901.md?p=12) on a farm, up to 50 percent of the [direct payment](/usc/7/7901.md?p=5) for a [covered commodity](/usc/7/7901.md?p=4) for any of the 2003 through 2005 crop years, up to 40 percent of the [direct payment](/usc/7/7901.md?p=5) for a [covered commodity](/usc/7/7901.md?p=4) for the 2006 crop year, and up to 22 percent of the [direct payment](/usc/7/7901.md?p=5) for a [covered commodity](/usc/7/7901.md?p=4) for the 2007 crop year, shall be paid to the [producers](/usc/7/7901.md?p=12) in advance. The [producers](/usc/7/7901.md?p=12) shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the [covered commodity](/usc/7/7901.md?p=4) is harvested through the month within which the [direct payment](/usc/7/7901.md?p=5) would otherwise be made. The [producers](/usc/7/7901.md?p=12) may change the selected month for a subsequent advance payment by providing advance notice to the [Secretary](/usc/7/7901.md?p=13).
  - (3) **Repayment of advance payments—** If a [producer](/usc/7/7901.md?p=12) on a farm that receives an advance [direct payment](/usc/7/7901.md?p=5) for a crop year ceases to be a [producer](/usc/7/7901.md?p=12) on that farm, or the extent to which the [producer](/usc/7/7901.md?p=12) shares in the risk of producing a crop changes, before the date the remainder of the [direct payment](/usc/7/7901.md?p=5) is made, the [producer](/usc/7/7901.md?p=12) shall be responsible for repaying the [Secretary](/usc/7/7901.md?p=13) the applicable amount of the advance payment, as determined by the [Secretary](/usc/7/7901.md?p=13).

## Source credit

(Pub. L. 107–171, title I, § 1103, May 13, 2002, 116 Stat. 149; Pub. L. 109–171, title I, § 1102(a), Feb. 8, 2006, 120 Stat. 5.)

## Notes

### Editorial Notes

### Amendments

2006—Subsec. (d)(2). Pub. L. 109–171 substituted “2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year,” for “2007 crop years”.