USC Subchapter III

USC Subchapter III
in effect

7 U.S.C. § 9051 Definitions

In this part: (1) Actual dairy production marginThe term “actual dairy production margin” means the difference between the all-milk price and the average feed cost, as calculated under section 9052 of this title. (2) All-milk priceThe term “all-milk price” means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary. (3) Average feed costThe term “average feed cost” means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 9052 of this title using the sum of the following:(A) The product determined by multiplying 1.0728 by the price of corn per bushel. (B) The product determined by multiplying 0.00735 by the price of soybean meal per ton. (C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (4) Dairy operation(A) In generalThe term “dairy operation” means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer—(i) shares in the risk of producing milk; and (ii) makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity, which are at least commensurate with the individual or entity’s share of the proceeds of the operation. (B) Additional ownership structuresThe Secretary shall determine additional ownership structures to be covered by the definition of dairy operation. (5) Dairy margin coverageThe term “dairy margin coverage” means the dairy margin coverage program required by section 9053 of this title. (6) Dairy margin coverage paymentThe term “dairy margin coverage payment” means a payment made to a participating dairy operation under dairy margin coverage pursuant to section 9056 of this title. (7) Participating dairy operationThe term “participating dairy operation” means a dairy operation that registers under section 9054 of this title to participate in dairy margin coverage. (8) Production historyThe term “production history” means the production history determined for a participating dairy operation under subsection (a) or (b) of section 9055 of this title. (9) SecretaryThe term “Secretary” means the Secretary of Agriculture. (10) United StatesThe term “United States”, in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.

7 U.S.C. § 9052 Calculation of average feed cost and actual dairy production margins

(a) Calculation of average feed costThe Secretary shall calculate the national average feed cost for each month using the following data:(1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. (2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary. (3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary. (b) Calculation of actual dairy production margin(1) In generalFor use in dairy margin coverage, the Secretary shall calculate the actual dairy production margin for each month by subtracting—(A) the average feed cost for that month, determined in accordance with subsection (a); from (B) the all-milk price for that month. (2) Time for calculationThe calculation required by this subsection shall be made as soon as practicable using the full-month price of the applicable reference month.

7 U.S.C. § 9053 Dairy margin coverage

(a) In generalThe Secretary shall continue to administer a dairy margin coverage program for dairy producers under which participating dairy operations are paid a dairy margin coverage payment when actual dairy production margins are less than the threshold levels for a dairy margin coverage payment. (b) RegulationsSubpart A of part 1430 of title 7, Code of Federal Regulations (as in effect on December 20, 2018), shall remain in effect for dairy margin coverage beginning with the 2019 calendar year, except to the extent that the regulations are inconsistent with any provision of this Act.

7 U.S.C. § 9054 Participation of dairy operations in dairy margin coverage

(a) EligibilityAll dairy operations in the United States shall be eligible to participate in dairy margin coverage to receive dairy margin coverage payments. (b) Registration process(1) In generalThe Secretary shall specify the manner and form by which a participating dairy operation may register to participate in dairy margin coverage, including the establishment of a date each calendar year by which a dairy operation shall register for the calendar year. (2) Extension of election period for 2018 calendar year(A) In generalThe Secretary shall extend the election period for the 2018 calendar year by not less than 90 days after February 9, 2018, or such additional period as the Secretary determines is necessary for dairy operations to make new elections to participate for that calendar year, including dairy operations that elected to so participate before February 9, 2018. (B) Retroactive program optionIn the case of a dairy operation that, by operation of subsection (d) (as in effect on the day before December 20, 2018), was ineligible to participate in the margin protection program for any part of calendar year 2018, the Secretary shall establish a new election period for that calendar year that ends on a date that is not less than 90 days after December 20, 2018, and the Secretary determines is necessary for dairy operations to make new elections to participate in the margin protection program (as in effect on the day before December 20, 2018) for that calendar year, including dairy operations that elected to participate in the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) before February 9, 2018. (3) Election period for 2019 calendar yearFor the 2019 calendar year, the Secretary shall—(A) open the election period not later than 60 days after the effective date described in section 1401(m) of the Agriculture Improvement Act of 2018; and (B) hold that election period open for not less than 90 days. (4) Treatment of multiproducer dairy operation(A) In generalIf a participating dairy operation is operated by more than 1 dairy producer, the dairy producers of the dairy operation who elect to participate shall be treated as a single dairy operation for purposes of participating in dairy margin coverage. (B) Rule of constructionSubparagraph (A) shall not be construed to allow a producer to adjust the proportion of their share covered under tier I or tier II premiums from the proportion covered for the operation. (5) Treatment of producers with multiple dairy operationsIf a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to participate in dairy margin coverage. (c) Annual administrative fee(1) Administrative fee requiredEach participating dairy operation shall—(A) pay an administrative fee to register to participate in dairy margin coverage; and (B) pay the administrative fee annually through the duration of dairy margin coverage specified in section 9059 of this title. (2) Amount of feeThe administrative fee for a participating dairy operation shall be $100. (3) Use of feesThe Secretary shall use administrative fees collected under this subsection to cover administrative costs incurred to carry out dairy margin coverage. (4) ExemptionA limited resource, beginning, veteran, or socially disadvantaged farmer, as defined by the Secretary, shall be exempt from the administrative fee under this subsection.

7 U.S.C. § 9055 Production history of participating dairy operations

(a) Production historyExcept as provided in subsection (b), the production history of a dairy operation for dairy margin coverage is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 2021, 2022, or 2023 calendar years. (b) Election by new dairy operationsIn the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the production history of the participating dairy operation:(1) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount. (2) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary. (c) Required informationA participating dairy operation shall provide all information that the Secretary may require in order to establish the production history of the participating dairy operation for purposes of participating in dairy margin coverage. (d) Limitation on changes to business structureThe Secretary may not make dairy margin coverage payments to a participating dairy operation if the Secretary determines that the participating dairy operation has reorganized the structure of such operation solely for the purpose of qualifying as a new operation under subsection (b).

7 U.S.C. § 9056 Dairy margin coverage payments

(a) Coverage level threshold and coverage percentage(1) Coverage level threshold(A) In generalFor purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, $8.00, $8.50, $9.00, or $9.50. (B) ApplicabilityExcept as provided in subparagraph (C), the coverage level threshold elected under subparagraph (A) shall apply to the covered production elected by the participating dairy operation under paragraph (2). (C) Second coverage election for tier IIIn the case of a participating dairy operation that elects a coverage level threshold of $8.50, $9.00, or $9.50 under subparagraph (A)—(i) that coverage level threshold shall apply to the first 6,000,000 pounds of milk marketings included in the covered production elected by the participating dairy operation; and (ii) the participating dairy operation shall elect a coverage level threshold that is equal to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to apply to milk marketings in excess of 6,000,000 pounds included in the covered production elected by the participating dairy operation. (2) Coverage percentageFor purposes of receiving dairy margin coverage payments for a month, a participating dairy operation shall annually elect a percentage of coverage, in 5-percent increments, not exceeding 95 percent of the production history of the participating dairy operation. (b) Payment thresholdA participating dairy operation shall receive a dairy margin coverage payment whenever the average actual dairy production margin for a month is less than the coverage level threshold selected by the participating dairy operation. (c) Amount of paymentThe dairy margin coverage payment for the participating dairy operation shall be determined as follows:(1) The Secretary shall calculate the amount by which the coverage level threshold selected by the participating dairy operation exceeds the average actual dairy production margin for the month. (2) The amount determined under paragraph (1) shall be multiplied by—(A) the coverage percentage selected by the participating dairy operation; and (B) the production history of the participating dairy operation divided by 12.

7 U.S.C. § 9057 Premiums for dairy margin coverage

(a) Calculation of premiumsFor purposes of participating in dairy margin coverage, a participating dairy operation shall pay an annual premium equal to the product obtained by multiplying—(1) the coverage percentage elected by the participating dairy operation under section 9056(a)(2) of this title; (2) the production history of the participating dairy operation; and (3) the premium per hundredweight of milk imposed by this section for the coverage level selected. (b) Tier I: premium per hundredweight for first 6,000,000 pounds of production(1) In generalFor the first 6,000,000 pounds of milk marketings included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2). (2) Producer premiumsExcept as provided in subsection (g), the following annual premiums apply: Coverage LevelPremium per Cwt. $4.00None $4.50$0.0025 $5.00$0.005 $5.50$0.030 $6.00$0.050 $6.50$0.070 $7.00$0.080 $7.50$0.090 $8.00$0.100 $8.50$0.105 $9.00$0.110 $9.50$0.150 (c) Tier II: premium per hundredweight for production in excess of 6,000,000 pounds(1) In generalFor milk marketings in excess of 6,000,000 pounds included in the production history of a participating dairy operation, the premium per hundredweight for each coverage level is specified in the table contained in paragraph (2). (2) Producer premiumsExcept as provided in subsection (g), the following annual premiums apply: Coverage LevelPremium per Cwt. $4.00None $4.50$0.0025 $5.00$0.005 $5.50$0.100 $6.00$0.310 $6.50$0.650 $7.00$1.107 $7.50$1.413 $8.00$1.813 (d) Time for payment of premiumThe Secretary shall provide more than 1 method by which a participating dairy operation may pay the premium required under this section in any manner that maximizes participating dairy operation payment flexibility and dairy margin coverage integrity. (e) Premium obligations(1) Pro-ration of premium for new participantsIn the case of a participating dairy operation that first registers to participate in dairy margin coverage for a calendar year after the start of the calendar year, the participating dairy operation shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage. (2) Legal obligationA participating dairy operation in dairy margin coverage for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of dairy margin coverage. (f) Repayment of premiums(1) In generalEach dairy operation described in paragraph (2) shall be eligible to receive a repayment from the Secretary in an amount equal to the difference between—(A) the total amount of premiums paid by the participating dairy operation under this section for each applicable calendar year; and (B) the total amount of payments made to the participating dairy operation under section 9056 of this title for that calendar year. (2) EligibilityA dairy operation that is eligible to receive a repayment under paragraph (1) is a dairy operation that—(A) participated in the margin protection program, as in effect for any of calendar years 2014 through 2017; and (B) submits to the Secretary an application for the repayment at such time, in such manner, and containing such information as the Secretary may require. (3) Method of repaymentA dairy operation that is eligible to receive a repayment under paragraph (1) shall elect to receive the repayment—(A) in an amount equal to 75 percent of the repayment calculated under that paragraph as credit that may be used by the dairy operation for dairy margin coverage premiums; or (B) in an amount equal to 50 percent of the repayment calculated under that paragraph as a direct cash repayment. (4) ApplicabilityParagraph (1) shall only apply to a calendar year during the period of calendar years 2014 through 2017 for which the amount described in subparagraph (A) of that paragraph is greater than the amount described in subparagraph (B) of that paragraph. (g) Premium discountThe premium per hundredweight specified in the tables contained in subsections (b) and (c) for each coverage level shall be reduced by 25 percent in accordance with the following:(1) In generalFor each of calendar years 2026 through 2031, for a participating dairy operation that makes a 1-time election of coverage level in a tier and of a percentage of coverage under section 9056(a) of this title for the 5-year period beginning in January 2026. (2) New dairy operationsFor each applicable calendar year through 2031, for a participating dairy operation that—(A) establishes a production history pursuant to section 9055(b) of this title; and (B) makes a 1-time election of coverage level in a tier and of a percentage of coverage under section 9056(a) of this title for the period beginning with the first available calendar year and ending in December 2031. (3) Full participation requiredNotwithstanding the annual elections under section 9056(a) of this title—(A) a 1-time enrollment under this subsection shall remain in effect for the full duration applicable to a participating dairy operation in accordance with paragraph (1) or (2)(B), as applicable; and (B) a participating dairy operation that makes a 1-time enrollment under this subsection and is noncompliant under section 9058 of this title shall be subject to that section.

7 U.S.C. § 9058 Effect of failure to pay administrative fees or premiums

(a) Loss of benefitsA participating dairy operation that fails to pay the required annual administrative fee under section 9054 of this title or is in arrears on premium payments under section 9057 of this title—(1) remains legally obligated to pay the administrative fee or premiums, as the case may be; and (2) may not receive dairy margin coverage payments until the fees or premiums are fully paid. (b) EnforcementThe Secretary may take such action as necessary to collect administrative fees and premium payments for participation in dairy margin coverage.

7 U.S.C. § 9060 Administration and enforcement

(a) In generalThe Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out dairy margin coverage. (b) ReconstitutionThe Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the purpose of the dairy producer receiving dairy margin coverage payments. (c) Administrative appealsUsing authorities under section 1308(h) of this title and subtitle H of the Department of Agriculture Reorganization Act (7 U.S.C. 6991 et seq.), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of dairy margin coverage.

7 U.S.C. § 9071 Milk donation program

(a) DefinitionsIn this section:(1) Eligible dairy organizationThe term “eligible dairy organization” means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who—(A) accounts to a Federal milk marketing order marketwide pool; and (B) incurs qualified expenses under subsection (e). (2) Eligible distributorThe term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible milk. (3) Eligible milkThe term “eligible milk” means Class I fluid milk products produced and processed in the United States. (4) Eligible partnershipThe term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor. (5) Participating partnershipThe term “participating partnership” means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible milk under subsection (c)(2). (b) Program required; purposesNot later than 180 days after December 20, 2018, the Secretary shall establish and administer a milk donation program for the purposes of—(1) encouraging the donation of eligible milk; (2) providing nutrition assistance to individuals in low-income groups; and (3) reducing food waste. (c) Donation and distribution plans(1) In generalTo be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that—(A) describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk; (B) includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on—(i) preplanned donations; and (ii) contingency plans to address unanticipated donations; and (C) describes the rate at which the eligible partnership will be reimbursed, which shall be based on a percentage of the limitation described in subsection (e)(2), not to exceed 100 percent. (2) Review and approvalNot less frequently than annually, the Secretary shall—(A) review donation and distribution plans submitted under paragraph (1); and (B) determine whether to approve or disapprove each of those donation and distribution plans. (d) Reimbursement(1) In generalOn receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in subsection (e). (2) Documentation(A) In generalAn eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses described in subsection (e) of the eligible dairy organization. (B) VerificationThe Secretary may verify the accuracy of documentation submitted under subparagraph (A) by spot checks and audits. (3) Retroactive reimbursementIn providing reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary. (e) Qualified expenses(1) In generalThe amount of a reimbursement under subsection (d) shall be an amount equal to the product of—(A) the quantity of eligible milk donated by the eligible dairy organization under a donation and distribution plan approved by the Secretary under subsection (c); and (B) subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C). (2) LimitationExpenses eligible for reimbursement under subsection (d) shall not exceed the value that an eligible dairy organization incurred by accounting to the Federal milk marketing order pool at the difference in the Class I milk value and the lowest classified price for the applicable month (either Class III milk or Class IV milk). (f) Preapproval(1) In generalThe Secretary shall—(A) establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and (B) not less frequently than annually, preapprove an amount for qualified expenses described in subsection (e) that the Secretary will allocate for reimbursement under each donation and distribution plan preapproved under subparagraph (A), based on an assessment of—(i) the feasibility of the plan; and (ii) the extent to which the plan advances the purposes described in subsection (b). (2) PreferenceIn preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and in-kind contributions in addition to the reimbursements. (3) Adjustments(A) In generalThe Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand. (B) Requests for increase(i) In generalThe Secretary shall establish a procedure for a participating partnership to request an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in conditions. (ii) Interim approval; incremental increaseThe Secretary may provide an interim approval of an increase requested under clause (i) and an incremental increase in the amount of reimbursement to the applicable participating partnership to allow time for the Secretary to review the request without interfering with the donation and distribution of eligible milk by the participating partnership. (g) Prohibition on resale of products(1) In generalAn eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets. (2) Prohibition on future participationAn eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section. (h) AdministrationThe Secretary shall publicize opportunities to participate in the program established under this section. (i) ReviewsThe Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section. (j) FundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $9,000,000 for fiscal year 2019, and $5,000,000 for each fiscal year thereafter, to remain available until expended.

7 U.S.C. § 9071a Dairy donation program

(a) DefinitionsIn this section:(1) Eligible dairy organizationThe term “eligible dairy organization” has the meaning given the term in section 9071(a) of this title. (2) Eligible dairy productThe term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States. (3) Eligible distributorThe term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families. (4) Eligible partnershipThe term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor. (b) Establishment and purposesNot later than 60 days after December 27, 2020, the Secretary shall establish and administer a dairy donation program for the purposes of—(1) facilitating the timely donation of eligible dairy products; and (2) preventing and minimizing food waste. (c) Donation and distribution plans(1) In generalTo be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products. (2) Review and approval(A) In generalNot later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—(i) review that plan; and (ii) issue an approval or disapproval of that plan. (B) Emergency and disaster-related prioritization(i) In generalIn receiving and reviewing a donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an emergency or disaster was a substantial factor in the submission, including—(I) a declared or renewed public health emergency under section 247d of title 42; and (II) a disaster designated by the Secretary. (ii) Priority reviewOn making an affirmative determination under clause (i) with respect to a donation and distribution plan submitted under paragraph (1), the Secretary shall give priority to the approval or disapproval of that plan. (d) Reimbursement(1) In generalOn receipt of appropriate documentation under paragraph (3), the Secretary shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying—(A) the current reimbursement price described in paragraph (2); and (B) the volume of milk required to make the donated eligible dairy product. (2) Reimbursement priceThe Secretary—(A) shall set the reimbursement price referred to in paragraph (1)(A) at a value that shall—(i) be representative of the cost of the milk required to make the donated eligible dairy product; (ii) be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product; (iii) be sufficient to avoid food waste; and (iv) not interfere with the commercial marketing of milk or dairy products; (B) may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of—(i) encouraging the donation of surplus eligible dairy products; (ii) facilitating the orderly marketing of milk; (iii) reducing volatility relating to significant market disruptions; (iv) maintaining traditional price relationships between classes of milk; or (v) stabilizing on-farm milk prices. (3) Documentation(A) In generalAn eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate—(i) the production of the eligible dairy product; and (ii) the donation of the eligible dairy product to an eligible distributor. (B) VerificationThe Secretary may verify the accuracy of documentation submitted under subparagraph (A). (4) Retroactive reimbursementIn providing reimbursements under paragraph (1), the Secretary may provide reimbursements for eligible dairy product costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary under subsection (c)(2)(A)(ii). (5) Emergency and disaster-related prioritizationIn providing reimbursements under paragraph (1), the Secretary shall give priority to reimbursements to eligible dairy organizations covered by a donation and distribution plan for which the Secretary makes an affirmative determination under subsection (c)(2)(B)(i). (e) Prohibition on resale of products(1) In generalAn eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets. (2) Prohibition on future participationAn eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section. (f) ReviewsThe Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section. (g) Publication of donation activityThe Secretary, acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section. (h) Supplemental reimbursements(1) In generalThe Secretary shall make a supplemental reimbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under section 9071 of this title during the period beginning on January 1, 2020, and ending on the date on which amounts made available under subsection (i) are no longer available. (2) Reimbursement calculationA supplemental reimbursement described in paragraph (1) shall be an amount equal to—(A) the reimbursement calculated under subsection (d); minus (B) the reimbursement under the milk donation program described in paragraph (1). (i) FundingOut of any amounts of the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $400,000,000, to remain available until expended.

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