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S 3240 PCS

Calendar No. 415

ESCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3240CommentsClose CommentsPermalink

---

To reauthorize agricultural programs through 2017, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) In General- This Act may be cited as the ‘Agriculture Reform, Food, and Jobs Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definition of Secretary.CommentsClose CommentsPermalink

TITLE I--COMMODITY PROGRAMS

Subtitle A--Repeals and Reforms

Sec. 1101. Repeal of direct payments.CommentsClose CommentsPermalink





Sec. 1102. Repeal of counter-cyclical payments.CommentsClose CommentsPermalink





Sec. 1103. Repeal of average crop revenue election program.CommentsClose CommentsPermalink





Sec. 1104. Definitions.CommentsClose CommentsPermalink





Sec. 1105. Agriculture risk coverage.CommentsClose CommentsPermalink





Sec. 1106. Producer agreement required as condition of provision of payments.CommentsClose CommentsPermalink





Sec. 1107. Period of effectiveness.CommentsClose CommentsPermalink





Sec. 1108. Adjusted gross income limitation for conservation programs.CommentsClose CommentsPermalink

Subtitle B--Marketing Assistance Loans and Loan Deficiency Payments

Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities.CommentsClose CommentsPermalink





Sec. 1202. Loan rates for nonrecourse marketing assistance loans.CommentsClose CommentsPermalink





Sec. 1203. Term of loans.CommentsClose CommentsPermalink





Sec. 1204. Repayment of loans.CommentsClose CommentsPermalink





Sec. 1205. Loan deficiency payments.CommentsClose CommentsPermalink





Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage.CommentsClose CommentsPermalink





Sec. 1207. Special marketing loan provisions for upland cotton.CommentsClose CommentsPermalink





Sec. 1208. Special competitive provisions for extra long staple cotton.CommentsClose CommentsPermalink





Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton.CommentsClose CommentsPermalink





Sec. 1210. Adjustments of loans.CommentsClose CommentsPermalink

Subtitle C--Sugar

Sec. 1301. Sugar program.CommentsClose CommentsPermalink

Subtitle D--Dairy

PART I--Dairy Production Margin Protection and Dairy Market Stabilization Programs

Sec. 1401. Definitions.CommentsClose CommentsPermalink





Sec. 1402. Calculation of average feed cost and actual dairy production margins.CommentsClose CommentsPermalink

subpart a--dairy production margin protection program

Sec. 1411. Establishment of dairy production margin protection program.CommentsClose CommentsPermalink





Sec. 1412. Participation of dairy operations in production margin protection program.CommentsClose CommentsPermalink





Sec. 1413. Production history of participating dairy operations.CommentsClose CommentsPermalink





Sec. 1414. Basic production margin protection.CommentsClose CommentsPermalink





Sec. 1415. Supplemental production margin protection.CommentsClose CommentsPermalink





Sec. 1416. Effect of failure to pay administration fees or premiums.CommentsClose CommentsPermalink

subpart b--dairy market stabilization program

Sec. 1431. Establishment of dairy market stabilization program.CommentsClose CommentsPermalink





Sec. 1432. Threshold for implementation and reduction in dairy payments.CommentsClose CommentsPermalink





Sec. 1433. Milk marketings information.CommentsClose CommentsPermalink





Sec. 1434. Calculation and collection of reduced dairy operation payments.CommentsClose CommentsPermalink





Sec. 1435. Remitting funds to the Secretary and use of funds.CommentsClose CommentsPermalink





Sec. 1436. Suspension of reduced payment requirement.CommentsClose CommentsPermalink





Sec. 1437. Enforcement.CommentsClose CommentsPermalink





Sec. 1438. Audit requirements.CommentsClose CommentsPermalink





Sec. 1439. Study; report.CommentsClose CommentsPermalink

subpart c--duadministration

Sec. 1451. Duration.CommentsClose CommentsPermalink





Sec. 1452. Administration and enforcement.CommentsClose CommentsPermalink

PART II--Dairy Market Transparency

Sec. 1461. Dairy product mandatory reporting.CommentsClose CommentsPermalink





Sec. 1462. Federal milk marketing order information.CommentsClose CommentsPermalink

PART III--Repeal or Reauthorization of Other Dairy-related Provisions

Sec. 1471. Repeal of dairy product price support and milk income loss contract programs.CommentsClose CommentsPermalink





Sec. 1472. Repeal of dairy export incentive program.CommentsClose CommentsPermalink





Sec. 1473. Extension of dairy forward pricing program.CommentsClose CommentsPermalink





Sec. 1474. Extension of dairy indemnity program.CommentsClose CommentsPermalink





Sec. 1475. Extension of dairy promotion and research program.CommentsClose CommentsPermalink





Sec. 1476. Extension of Federal Milk Marketing Order Review Commission.CommentsClose CommentsPermalink

PART IV--Federal Milk Marketing Order Reform

PART V--Effective Date

Sec. 14891. Effective date.CommentsClose CommentsPermalink

Subtitle E--Supplemental Agricultural Disaster Assistance Programs

Sec. 1501. Supplemental agricultural disaster assistance programs.CommentsClose CommentsPermalink

Subtitle F--Administration

Sec. 1601. Administration generally.CommentsClose CommentsPermalink





Sec. 1602. Suspension of permanent price support authority.CommentsClose CommentsPermalink





Sec. 1603. Payment limitations.CommentsClose CommentsPermalink





Sec. 1604. Payments limited to active farmers.CommentsClose CommentsPermalink





Sec. 1605. Adjusted gross income limitation.CommentsClose CommentsPermalink





Sec. 1606. Geographically disadvantaged farmers and ranchers.CommentsClose CommentsPermalink





Sec. 1607. Personal liability of producers for deficiencies.CommentsClose CommentsPermalink





Sec. 1608. Prevention of deceased individuals receiving payments under farm commodity programs.CommentsClose CommentsPermalink





Sec. 1609. Appeals.CommentsClose CommentsPermalink





Sec. 1610. Technical corrections.CommentsClose CommentsPermalink





Sec. 1611. Assignment of payments.CommentsClose CommentsPermalink





Sec. 1612. Tracking of benefits.CommentsClose CommentsPermalink





Sec. 1613. Signature authority.CommentsClose CommentsPermalink





Sec. 1614. Implementation.CommentsClose CommentsPermalink

TITLE II--CONSERVATION

Subtitle A--Conservation Reserve Program

Sec. 2001. Extension and enrollment requirements of conservation reserve program.CommentsClose CommentsPermalink





Sec. 2002. Farmable wetland program.CommentsClose CommentsPermalink





Sec. 2003. Duties of owners and operators.CommentsClose CommentsPermalink





Sec. 2004. Duties of the Secretary.CommentsClose CommentsPermalink





Sec. 2005. Payments.CommentsClose CommentsPermalink





Sec. 2006. Contract requirements.CommentsClose CommentsPermalink





Sec. 2007. Conversion of land subject to contract to other conserving uses.CommentsClose CommentsPermalink





Sec. 2008. Effective date.CommentsClose CommentsPermalink

Subtitle B--Conservation Stewardship Program

Sec. 2101. Conservation stewardship program.CommentsClose CommentsPermalink

Subtitle C--Environmental Quality Incentives Program

Sec. 2201. Purposes.CommentsClose CommentsPermalink





Sec. 2202. Definitions.CommentsClose CommentsPermalink





Sec. 2203. Establishment and administration.CommentsClose CommentsPermalink





Sec. 2204. Evaluation of applications.CommentsClose CommentsPermalink





Sec. 2205. Duties of producers.CommentsClose CommentsPermalink





Sec. 2206. Limitation on payments.CommentsClose CommentsPermalink





Sec. 2207. Conservation innovation grants and payments.CommentsClose CommentsPermalink





Sec. 2208. Effective date.CommentsClose CommentsPermalink

Subtitle D--Agricultural Conservation Easement Program

Sec. 2301. Agricultural Conservation Easement Program.CommentsClose CommentsPermalink

Subtitle E--Regional Conservation Partnership Program

Sec. 2401. Regional Conservation Partnership Program.CommentsClose CommentsPermalink

Subtitle F--Other Conservation Programs

Sec. 2501. Conservation of private grazing land.CommentsClose CommentsPermalink





Sec. 2502. Grassroots source water protection program.CommentsClose CommentsPermalink





Sec. 2503. Voluntary public access and habitat incentive program.CommentsClose CommentsPermalink





Sec. 2504. Agriculture conservation experienced services program.CommentsClose CommentsPermalink





Sec. 2505. Small watershed rehabilitation program.CommentsClose CommentsPermalink





Sec. 2506. Terminal lakes assistance.CommentsClose CommentsPermalink

Subtitle G--Funding and Administration

Sec. 2601. Funding.CommentsClose CommentsPermalink





Sec. 2602. Technical assistance.CommentsClose CommentsPermalink





Sec. 2603. Regional equity.CommentsClose CommentsPermalink





Sec. 2604. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access.CommentsClose CommentsPermalink





Sec. 2605. Annual report on program enrollments and assistance.CommentsClose CommentsPermalink





Sec. 2606. Administrative requirements for conservation programs.CommentsClose CommentsPermalink





Sec. 2607. Rulemaking authority.CommentsClose CommentsPermalink





Sec. 2608. Standards for State technical committees.CommentsClose CommentsPermalink





Sec. 2609. Highly erodible land and wetland conservation for crop insurance.CommentsClose CommentsPermalink

Subtitle H--Repeal of Superseded Program Authorities and Transitional Provisions

Sec. 2701. Comprehensive conservation enhancement program.CommentsClose CommentsPermalink





Sec. 2702. Emergency forestry conservation reserve program.CommentsClose CommentsPermalink





Sec. 2703. Wetlands reserve program.CommentsClose CommentsPermalink





Sec. 2704. Farmland protection program and farm viability program.CommentsClose CommentsPermalink





Sec. 2705. Grassland reserve program.CommentsClose CommentsPermalink





Sec. 2706. Agricultural water enhancement program.CommentsClose CommentsPermalink





Sec. 2707. Wildlife habitat incentive program.CommentsClose CommentsPermalink





Sec. 2708. Great Lakes basin program.CommentsClose CommentsPermalink





Sec. 2709. Chesapeake Bay watershed program.CommentsClose CommentsPermalink





Sec. 2710. Cooperative conservation partnership initiative.CommentsClose CommentsPermalink





Sec. 2711. Environmental easement program.CommentsClose CommentsPermalink





Sec. 2712. Technical amendments.CommentsClose CommentsPermalink

TITLE III--TRADE

Subtitle A--Food for Peace Act

Sec. 3001. Set-aside for support for organizations through which nonemergency assistance is provided.CommentsClose CommentsPermalink





Sec. 3002. Food aid quality.CommentsClose CommentsPermalink





Sec. 3003. Minimum levels of assistance.CommentsClose CommentsPermalink





Sec. 3004. Reauthorization of Food Aid Consultative Group.CommentsClose CommentsPermalink





Sec. 3005. Oversight, monitoring, and evaluation of Food for Peace Act programs.CommentsClose CommentsPermalink





Sec. 3006. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.CommentsClose CommentsPermalink





Sec. 3007. Limitation on total volume of commodities monetized.CommentsClose CommentsPermalink





Sec. 3008. Flexibility.CommentsClose CommentsPermalink





Sec. 3009. Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries.CommentsClose CommentsPermalink





Sec. 3010. Deadline for agreements to finance sales or to provide other assistance.CommentsClose CommentsPermalink





Sec. 3011. Minimum level of nonemergency food assistance.CommentsClose CommentsPermalink





Sec. 3012. Coordination of foreign assistance programs report.CommentsClose CommentsPermalink





Sec. 3013. Micronutrient fortification programs.CommentsClose CommentsPermalink





Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.CommentsClose CommentsPermalink





Sec. 3015. Prohibition on assistance for North Korea.CommentsClose CommentsPermalink

Subtitle B--Agricultural Trade Act of 1978

Sec. 3101. Export credit guarantee programs.CommentsClose CommentsPermalink





Sec. 3102. Funding for market access program.CommentsClose CommentsPermalink





Sec. 3103. Foreign market development cooperator program.CommentsClose CommentsPermalink

Subtitle C--Other Agricultural Trade Laws

Sec. 3201. Food for Progress Act of 1985.CommentsClose CommentsPermalink





Sec. 3202. Bill Emerson Humanitarian Trust.CommentsClose CommentsPermalink





Sec. 3203. Promotion of agricultural exports to emerging markets.CommentsClose CommentsPermalink





Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program.CommentsClose CommentsPermalink





Sec. 3205. Technical assistance for specialty crops.CommentsClose CommentsPermalink





Sec. 3206. Global Crop Diversity Trust.CommentsClose CommentsPermalink





Sec. 3207. Local and regional food aid procurement projects.CommentsClose CommentsPermalink





Sec. 3208. Donald Payne Horn of Africa food resilience program.CommentsClose CommentsPermalink





Sec. 3209. Agricultural trade enhancement study.CommentsClose CommentsPermalink

TITLE IV--NUTRITION

Subtitle A--Supplemental Nutrition Assistance Program

Sec. 4001. Food distribution program on Indian reservations.CommentsClose CommentsPermalink





Sec. 4002. Standard utility allowances based on the receipt of energy assistance payments.CommentsClose CommentsPermalink





Sec. 4003. Eligibility disqualifications.CommentsClose CommentsPermalink





Sec. 4004. Ending supplemental nutrition assistance program benefits for lottery or gambling winners.CommentsClose CommentsPermalink





Sec. 4005. Retail food stores.CommentsClose CommentsPermalink





Sec. 4006. Improving security of food assistance.CommentsClose CommentsPermalink





Sec. 4007. Technology modernization for retail food stores.CommentsClose CommentsPermalink





Sec. 4008. Use of benefits for purchase of community-supported agriculture share.CommentsClose CommentsPermalink





Sec. 4009. Restaurant meals program.CommentsClose CommentsPermalink





Sec. 4010. Quality control error rate determination.CommentsClose CommentsPermalink





Sec. 4011. Performance bonus payments.CommentsClose CommentsPermalink





Sec. 4012. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 40123. Assistance for community food projects.CommentsClose CommentsPermalink





Sec. 40134. Emergency food assistance.CommentsClose CommentsPermalink





Sec. 40145. Nutrition education.CommentsClose CommentsPermalink





Sec. 40156. Retail food store and recipient trafficking.CommentsClose CommentsPermalink





Sec. 40167. Technical and conforming amendments.CommentsClose CommentsPermalink

Subtitle B--Commodity Distribution Programs

Sec. 4101. Commodity distribution program.CommentsClose CommentsPermalink





Sec. 4102. Commodity supplemental food program.CommentsClose CommentsPermalink





Sec. 4103. Distribution of surplus commodities to special nutrition projects.CommentsClose CommentsPermalink





Sec. 4104. Technical and conforming amendments.CommentsClose CommentsPermalink

Subtitle C--Miscellaneous

Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions.CommentsClose CommentsPermalink





Sec. 4202. Seniors farmers’ market nutrition program.CommentsClose CommentsPermalink





Sec. 4203. Nutrition information and awareness pilot program.CommentsClose CommentsPermalink





Sec. 4204. Whole grain products.CommentsClose CommentsPermalink





Sec. 4205. Hunger-free communities.CommentsClose CommentsPermalink





Sec. 4206. Healthy Food Financing Initiative.CommentsClose CommentsPermalink





Sec. 4207. Purchase of commodities by Commodity Credit Corporationlse crop products.CommentsClose CommentsPermalink





Sec. 4208. Dietary Guidelines for Americans.CommentsClose CommentsPermalink





Sec. 4209. Purchases of locally produced foods.CommentsClose CommentsPermalink

TITLE V--CREDIT

Subtitle A--Farmer Loans, Servicing, and Other Assistance Under the Consolidated Farm and Rural Development Act

Sec. 5001. Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act.CommentsClose CommentsPermalink

Subtitle B--Miscellaneous

Sec. 5101. State agricultural mediation programs.CommentsClose CommentsPermalink





Sec. 5102. Loans to purchasers of highly fractionated land.CommentsClose CommentsPermalink





Sec. 5103. Removal of duplicative appraisals.CommentsClose CommentsPermalink

TITLE VI--RURAL DEVELOPMENT

Subtitle A--Reorganization of the Consolidated Farm and Rural Development Act

Sec. 6001. Reorganization of the Consolidated Farm and Rural Development Act.CommentsClose CommentsPermalink





Sec. 6002. Conforming amendments.CommentsClose CommentsPermalink

Subtitle B--Rural Electrification

Sec. 6101. Definition of rural area.CommentsClose CommentsPermalink





Sec. 6102. Guarantees for bonds and notes issued for electrification or telephone purposes.CommentsClose CommentsPermalink





Sec. 6103. Expansion of 911 access.CommentsClose CommentsPermalink





Sec. 6104. Access to broadband telecommunications services in rural areas.CommentsClose CommentsPermalink

Subtitle C--Miscellaneous

Sec. 6201. Distance learning and telemedicine.CommentsClose CommentsPermalink





Sec. 6202. Rural energy savings program.CommentsClose CommentsPermalink





Sec. 6203. Funding of pending rural development loan and grant applications.CommentsClose CommentsPermalink





Sec. 6204. Study of rural transportation issues.CommentsClose CommentsPermalink





Sec. 6205. Agricultural transportation policy.CommentsClose CommentsPermalink

TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS

Subtitle A--National Agricultural Research, Extension, and Teaching Policy Act of 1977

Sec. 7101. National Agricultural Research, Extension, Education, and Economics Advisory Board.CommentsClose CommentsPermalink





Sec. 7102. Specialty crop committee.CommentsClose CommentsPermalink





Sec. 7103. Veterinary services grant program.CommentsClose CommentsPermalink





Sec. 7104. Grants and fellowships for food and agriculture sciences education.CommentsClose CommentsPermalink





Sec. 7105. Agricultural and food policy research centers.CommentsClose CommentsPermalink





Sec. 7106. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.CommentsClose CommentsPermalink





Sec. 7107. Nutrition education program.CommentsClose CommentsPermalink





Sec. 7108. Continuing animal health and disease research programs.CommentsClose CommentsPermalink





Sec. 7109. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.CommentsClose CommentsPermalink





Sec. 7110. Grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions.CommentsClose CommentsPermalink





Sec. 7111. Hispanic-serving institutions.CommentsClose CommentsPermalink





Sec. 7112. Competitive grants for international agricultural science and education programs.CommentsClose CommentsPermalink





Sec. 7113. University research.CommentsClose CommentsPermalink





Sec. 7114. Extension service.CommentsClose CommentsPermalink





Sec. 7115. Supplemental and alternative crops.CommentsClose CommentsPermalink





Sec. 7116. Capacity building grants for NLGCA institutions.CommentsClose CommentsPermalink





Sec. 7117. Aquaculture assistance programs.CommentsClose CommentsPermalink





Sec. 7118. Rangeland research programs.CommentsClose CommentsPermalink





Sec. 7119. Special authorization for biosecurity planning and response.CommentsClose CommentsPermalink





Sec. 7120. Distance education and resident instruction grants program for insular area institutions of higher education.CommentsClose CommentsPermalink

Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990

Sec. 7201. Best utilization of biological applications.CommentsClose CommentsPermalink





Sec. 7202. Integrated management systems.CommentsClose CommentsPermalink





Sec. 7203. Sustainable agriculture technology development and transfer program.CommentsClose CommentsPermalink





Sec. 7204. National training program.CommentsClose CommentsPermalink





Sec. 7205. National Genetics Resources Program.CommentsClose CommentsPermalink





Sec. 7206. National Agricultural Weather Information System.CommentsClose CommentsPermalink





Sec. 7207. High-priority research and extension initiatives.CommentsClose CommentsPermalink





Sec. 7208. Organic agriculture research and extension initiative.CommentsClose CommentsPermalink





Sec. 7209. Farm business management.CommentsClose CommentsPermalink





Sec. 7210. Regional centers of excellence.CommentsClose CommentsPermalink





Sec. 7211. Assistive technology program for farmers with disabilities.CommentsClose CommentsPermalink





Sec. 7212. National rural information center clearinghouse.CommentsClose CommentsPermalink

Subtitle C--Agricultural Research, Extension, and Education Reform Act of 1998

Sec. 7301. Relevance and merit of agricultural research, extension, and education funded by the Department.CommentsClose CommentsPermalink





Sec. 7302. Integrated research, education, and extension competitive grants program.CommentsClose CommentsPermalink





Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.CommentsClose CommentsPermalink





Sec. 7304. Grants for youth organizations.CommentsClose CommentsPermalink





Sec. 7305. Specialty crop research initiative.CommentsClose CommentsPermalink





Sec. 7306. Food animal residue avoidance database program.CommentsClose CommentsPermalink





Sec. 7307. Office of pest management policy.CommentsClose CommentsPermalink





Sec. 7308. Authorization of regional integrated pest management centers.CommentsClose CommentsPermalink

Subtitle D--Other Laws

Sec. 7401. Critical Agricultural Materials Act.CommentsClose CommentsPermalink





Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.CommentsClose CommentsPermalink





Sec. 7403. Research Facilities Act.CommentsClose CommentsPermalink





Sec. 7404. Competitive, Special, and Facilities Research Grant Act.CommentsClose CommentsPermalink





Sec. 7405. Enhanced use lease authority pilot program under Department of Agriculture Reorganization Act of 1994.CommentsClose CommentsPermalink





Sec. 7406. Renewable Resources Extension Act of 1978.CommentsClose CommentsPermalink





Sec. 7407. National Aquaculture Act of 1980.CommentsClose CommentsPermalink





Sec. 7408. Beginning farmer and rancher development program under Farm Security and Rural Investment Act of 2002.CommentsClose CommentsPermalink

Subtitle E--Food, Conservation, and Energy Act of 2008

PART I--Agricultural Security

Sec. 7501. Agricultural biosecurity communication center.CommentsClose CommentsPermalink





Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response.CommentsClose CommentsPermalink





Sec. 7503. Research and development of agricultural countermeasures.CommentsClose CommentsPermalink





Sec. 7504. Agricultural biosecurity grant program.CommentsClose CommentsPermalink

PART II--Miscellaneous

Sec. 7511. Grazinglands research laboratory.CommentsClose CommentsPermalink





Sec. 7512. Budget submission and funding.CommentsClose CommentsPermalink





Sec. 7513. Natural products research program.CommentsClose CommentsPermalink





Sec. 7514. Sun grant program.CommentsClose CommentsPermalink

Subtitle F--Miscellaneous

Sec. 7601. Foundation for Food and Agriculture Research.CommentsClose CommentsPermalink





Sec. 7602. Objective and scholarly agricultural and food law research and information.CommentsClose CommentsPermalink

TITLE VIII--FORESTRY

Subtitle A--Repeal of Certain Forestry Programs

Sec. 8001. Forest land enhancement program.CommentsClose CommentsPermalink





Sec. 8002. Watershed forestry assistance program.CommentsClose CommentsPermalink





Sec. 8003. Expired cooperative national forest products marketing program.CommentsClose CommentsPermalink





Sec. 8004. Hispanic-serving institution agricultural land national resources leadership program.CommentsClose CommentsPermalink





Sec. 8005. Tribal watershed forestry assistance program.CommentsClose CommentsPermalink

Subtitle B--Reauthorization of Cooperative Forestry Assistance Act of 1978 Programs

Sec. 8101. State-wide assessment and strategies for forest resources.CommentsClose CommentsPermalink





Sec. 8102. Forest stewardship program.CommentsClose CommentsPermalink





Sec. 8103. Forest Legacy Program.CommentsClose CommentsPermalink





Sec. 8104. Community forest and open space conservation program.CommentsClose CommentsPermalink





Sec. 8105. Urban and community forestry assistance.CommentsClose CommentsPermalink

Subtitle C--Reauthorization of Other Forestry-related Laws

Sec. 8201. Rural revitalization technologies.CommentsClose CommentsPermalink





Sec. 8202. Office of International Forestry.CommentsClose CommentsPermalink





Sec. 8203. Insect infestations and related diseases.CommentsClose CommentsPermalink





Sec. 8204. Stewardship end result contracting projects.CommentsClose CommentsPermalink





Sec. 8205. Healthy forests reserve program.CommentsClose CommentsPermalink

Subtitle D--Miscellaneous Provisions

Sec. 8301. McIntire-Stennis Cooperative Forestry Act.CommentsClose CommentsPermalink





Sec. 8302. Revision of strategic plan for forest inventory and analysis.CommentsClose CommentsPermalink

TITLE IX--ENERGY

Sec. 9001. Definition of renewable chemical.CommentsClose CommentsPermalink





Sec. 9002. Biobased markets program.CommentsClose CommentsPermalink





Sec. 9003. Biorefinery, renewable chemical, and biobased product manufacturing assistance.CommentsClose CommentsPermalink





Sec. 9004. Repeal of repowering assistance program and transfer of remaining funds.CommentsClose CommentsPermalink





Sec. 9005. Bioenergy program for advanced biofuels.CommentsClose CommentsPermalink





Sec. 9006. Biodiesel fuel education program.CommentsClose CommentsPermalink





Sec. 9007. Rural Energy for America Program.CommentsClose CommentsPermalink





Sec. 9008. Biomass research and development.CommentsClose CommentsPermalink





Sec. 9009. Feedstock flexibility program for bioenergy producers.CommentsClose CommentsPermalink





Sec. 9010. Biomass Crop Assistance Program.CommentsClose CommentsPermalink





Sec. 9011. Repeal of forest biomass for energy.CommentsClose CommentsPermalink





Sec. 9012. Community wood energy program.CommentsClose CommentsPermalink





Sec. 9013. Repeal of renewable fertilizer study.CommentsClose CommentsPermalink

TITLE X--HORTICULTURE

Sec. 10001. Specialty crops market news allocation.CommentsClose CommentsPermalink





Sec. 10002. Repeal of grant program to improve movement of specialty crops.CommentsClose CommentsPermalink





Sec. 10003. Farmers market and local food promotion program.CommentsClose CommentsPermalink





Sec. 10004. Study on local food production and program evaluation.CommentsClose CommentsPermalink





Sec. 10005. Organic agriculture.CommentsClose CommentsPermalink





Sec. 10006. Food safety education initiatives.CommentsClose CommentsPermalink





Sec. 10007. Coordinated plant management program.CommentsClose CommentsPermalink





Sec. 10008. Specialty crop block grants.CommentsClose CommentsPermalink





Sec. 10009. Recordkeeping, investigations, and enforcement.CommentsClose CommentsPermalink





Sec. 10010. Report on honey.CommentsClose CommentsPermalink





Sec. 10011. Effective date.CommentsClose CommentsPermalink

TITLE XI--CROP INSURANCE

Sec. 11001. Supplemental coverage option.CommentsClose CommentsPermalink





Sec. 11002. Premium amounts for catastrophic risk protection.CommentsClose CommentsPermalink





Sec. 11003. Permanent enterprise unit.CommentsClose CommentsPermalink





Sec. 11004. Enterprise units for irrigated and nonirrigated crops.CommentsClose CommentsPermalink





Sec. 11005. Data collection.CommentsClose CommentsPermalink





Sec. 11006. Adjustment in actual production history to establish insurable yields.CommentsClose CommentsPermalink





Sec. 11007. Submission and review of policies.CommentsClose CommentsPermalink





Sec. 11008. Board review and approval.CommentsClose CommentsPermalink





Sec. 11009. Consultation.CommentsClose CommentsPermalink





Sec. 11010. Budget limitations on renegotiation of the standard reinsurance agreement.CommentsClose CommentsPermalink





Sec. 11011. Stacked income protection plan for producers of upland cotton.CommentsClose CommentsPermalink





Sec. 11012. Peanut revenue crop insurance.CommentsClose CommentsPermalink





Sec. 11013. Authority to correct errors.CommentsClose CommentsPermalink





Sec. 11014. Implementation.CommentsClose CommentsPermalink





Sec. 11015. Approval of costs for research and development.CommentsClose CommentsPermalink





Sec. 11016. Whole farm risk management insurance.CommentsClose CommentsPermalink





Sec. 11017. Study of food safety insurance.CommentsClose CommentsPermalink





Sec. 11018. Crop insurance for livestock.CommentsClose CommentsPermalink





Sec. 110189. Margin coverage for catfish.CommentsClose CommentsPermalink





Sec. 1101920. Poultry business disruption insurance policy.CommentsClose CommentsPermalink





Sec. 11021. Crop insurance for organic crops.CommentsClose CommentsPermalink





Sec. 11022. Research and development.CommentsClose CommentsPermalink





Sec. 110203. Pilot programs.CommentsClose CommentsPermalink





Sec. 110214. Index-based weather insurance pilot program.CommentsClose CommentsPermalink





Sec. 110225. Enhancing producer self-help through farm financial benchmarking.CommentsClose CommentsPermalink





Sec. 110236. Beginning farmer and rancher provisions.CommentsClose CommentsPermalink





Sec. 110247. Agricultural management assistance, risk management education, and organic certification cost share assistance.CommentsClose CommentsPermalink





Sec. 110258. Crop production on native sod.CommentsClose CommentsPermalink





Sec. 110269. Technical amendments.CommentsClose CommentsPermalink





Sec. 11030. Greater accessibility for crop insurance.CommentsClose CommentsPermalink





Sec. 11031. GAO crop insurance fraud report.CommentsClose CommentsPermalink





Sec. 11032. Limitation on premium subsidy based on average adjusted gross income.CommentsClose CommentsPermalink

TITLE XII--MISCELLANEOUS

Subtitle A--Socially Disadvantaged Producers and Limited Resource Producers

Sec. 12001. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers.CommentsClose CommentsPermalink





Sec. 12002. Office of Advocacy and Outreach.CommentsClose CommentsPermalink

Subtitle B--Livestock

Sec. 12101. Wildlife reservoir zoonotic disease initiative.CommentsClose CommentsPermalink





Sec. 12102. Trichinae certification program.CommentsClose CommentsPermalink





Sec. 12103. National Aquatic Animal Health Plan.CommentsClose CommentsPermalink





Sec. 12104. Sheep production and marketing grant program.CommentsClose CommentsPermalink





Sec. 12105. Feral swine eradication pilot program.CommentsClose CommentsPermalink

Subtitle C--Other Miscellaneous Provisions

Sec. 12201. Military veterans agricultural liaison.CommentsClose CommentsPermalink





Sec. 12202. Information gathering.CommentsClose CommentsPermalink





Sec. 12203. Grants to improve supply, stability, safety, and training of agricultural labor force.CommentsClose CommentsPermalink





Sec. 12204. Noninsured crop assistance program.CommentsClose CommentsPermalink





Sec. 12205. Regional economic and infrastructure development.CommentsClose CommentsPermalink





Sec. 12206. Canada geese removal.CommentsClose CommentsPermalink





Sec. 12207. Office of Tribal Relations.CommentsClose CommentsPermalink





Sec. 12208. Repeal of duplicative program.CommentsClose CommentsPermalink





Sec. 12209. Sense of the Senate.CommentsClose CommentsPermalink





Sec. 12210. Acer Access and Development Program.CommentsClose CommentsPermalink





Sec. 12211. Definition of rural area for purposes of the Housing Act of 1949.CommentsClose CommentsPermalink





Sec. 12212. Animal welfare.CommentsClose CommentsPermalink





Sec. 12213. Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions.CommentsClose CommentsPermalink





Sec. 12214. Prohibiting use of presidential election campaign funds for party conventions.CommentsClose CommentsPermalink





Sec. 12215. Reports on effects of defense and nondefense budget sequestration.CommentsClose CommentsPermalink

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink

TITLE I--COMMODITY PROGRAMSCommentsClose CommentsPermalink

Subtitle A--Repeals and ReformsCommentsClose CommentsPermalink

SEC. 1101. REPEAL OF DIRECT PAYMENTS.

(a) Repeal- Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) are repealed.CommentsClose CommentsPermalink





(b) Continued Application for 2012 Crop Year- Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2012 crop year with respect to all covered commodities (as defined in section 1001 of that Act (7 U.S.C. 8702)) (except pulse crops) and peanuts on a farm.CommentsClose CommentsPermalink

SEC. 1102. REPEAL OF COUNTER-CYCLICAL PAYMENTS.

(a) Repeal- Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754) are repealed.CommentsClose CommentsPermalink





(b) Continued Application for 2012 Crop Year- Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714, 8754), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2012 crop year with respect to all covered commodities (as defined in section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm.CommentsClose CommentsPermalink

SEC. 1103. REPEAL OF AVERAGE CROP REVENUE ELECTION PROGRAM.

(a) Repeal- Section 1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) is repealed.CommentsClose CommentsPermalink





(b) Continued Application for 2012 Crop Year- Section 1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2012 crop year with respect to all covered commodities (as defined in section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm for which the irrevocable election under section 1105 of that Act is made before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1104. DEFINITIONS.

In this subtitle, subtitle B, and subtitle F:CommentsClose CommentsPermalink





(1) ACTUAL CROP REVENUE- The term ‘actual crop revenue’, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1105(c)(3).CommentsClose CommentsPermalink





(2) AGRICULTURE RISK COVERAGE GUARANTEE- The term ‘agriculture risk coverage guarantee’, with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1105(c)(4).CommentsClose CommentsPermalink





(3) AGRICULTURE RISK COVERAGE PAYMENT- The term ‘agriculture risk coverage payment’ means a payment under section 1105(c).CommentsClose CommentsPermalink





(4) AVERAGE INDIVIDUAL YIELD- The term ‘average individual yield’ means the yield reported by a producer for purposes of subtitle A of the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), to the maximum extent practicable.CommentsClose CommentsPermalink





(5) COUNTY COVERAGE- For the purposes of agriculture risk coverage under section 1105, the term ‘county coverage’ means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average county yield described in subsection (c) of that section.CommentsClose CommentsPermalink





(6) COVERED COMMODITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘covered commodity’ means wheat, corn, grain sorghum, barley, oats, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts.CommentsClose CommentsPermalink





(B) POPCORN- The Secretary--CommentsClose CommentsPermalink





(i) shall study the feasibility of including popcorn as a covered commodity by 2014; andCommentsClose CommentsPermalink





(ii) if the Secretary determines it to be feasible, shall designate popcorn as a covered commodity.CommentsClose CommentsPermalink





(7) ELIGIBLE ACRES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraphs (B) through (ED), the term ‘eligible acres’ means all acres planted or prevented from being planted to all covered commodities on a farm in any crop year.CommentsClose CommentsPermalink





(B) MAXIMUM- Except as provided in (C), the total quantity of eligible acres on a farm determined under subparagraph (A) shall not exceed the average total acres planted or prevented from being planted to covered commodities and upland cotton on the farm for the 2009 through 2012 crop years, as determined by the Secretary.CommentsClose CommentsPermalink





(C) ADJUSTMENT- The Secretary shall provide for an adjustment, as appropriate, in the eligible acres for covered commodities for a farm if any of the following circumstances occurs:CommentsClose CommentsPermalink





(i) If a conservation reserve contract for a farm in a county entered into under section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) expires or is voluntarily terminated or cropland is released from coverage under a conservation reserve contract, the Secretary shall provide for an adjustment, as appropriate, in the eligible acres for the farm to a total quantity that is the higher of--CommentsClose CommentsPermalink





(I) the total base acreage for the farm, less any upland cotton base acreage, that was suspended during the conservation reserve contract; orCommentsClose CommentsPermalink





(II) the product obtained by multiplying--CommentsClose CommentsPermalink

(aa) the average proportion that--CommentsClose CommentsPermalink

(AA) the total number of acres planted to covered commodities and upland cotton in the county for crop years 2009 through 2012; bears toCommentsClose CommentsPermalink

(BB) the total number of all acres of covered commodities, grassland, and upland cotton acres in the county for the same crop years; byCommentsClose CommentsPermalink

(bb) the total acres for which coverage has expired, voluntarily terminated, or been released under the conservation reserve contract.CommentsClose CommentsPermalink

(ii) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)).CommentsClose CommentsPermalink





(iii) The producer has any acreage not cropped during the 2009 through 2012 crop years, but placed into an established rotation practice for the purposes of enriching land or conserving moisture for subsequent crop years, including summer fallow, as determined by the Secretary.CommentsClose CommentsPermalink





(D) EXCLUSION- The term ‘eligible acres’ does not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for payments under this subtitle, unless the crop was planted in an area approved for double cropping, as determined by the Secretary.CommentsClose CommentsPermalink





(8) EXTRA LONG STAPLE COTTON- The term ‘extra long staple cotton’ means cotton that--CommentsClose CommentsPermalink





(A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; andCommentsClose CommentsPermalink





(B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes.CommentsClose CommentsPermalink





(9) INDIVIDUAL COVERAGE- For purposes of agriculture risk coverage under section 1105, the term ‘individual coverage’ means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average individual yield of the producer described in subsection (c) of that section.CommentsClose CommentsPermalink





(10) MEDIUM GRAIN RICE- The term ‘medium grain rice’ includes short grain rice.CommentsClose CommentsPermalink





(11) MIDSEASON PRICE- The term ‘midseason price’ means the applicable national average market price received by producers for the first 5 months of the applicable marketing year, as determined by the Secretary.CommentsClose CommentsPermalink





(12) OTHER OILSEED- The term ‘other oilseed’ means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary.CommentsClose CommentsPermalink





(13) PRODUCER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘producer’ means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.CommentsClose CommentsPermalink





(B) HYBRID SEED- In determining whether a grower of hybrid seed is a producer, the Secretary shall--CommentsClose CommentsPermalink





(i) not take into consideration the existence of a hybrid seed contract; andCommentsClose CommentsPermalink





(ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title.CommentsClose CommentsPermalink





(14) PULSE CROP- The term ‘pulse crop’ means dry peas, lentils, small chickpeas, and large chickpeas.CommentsClose CommentsPermalink





(15) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





(A) a State;CommentsClose CommentsPermalink





(B) the District of Columbia;CommentsClose CommentsPermalink





(C) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink





(D) any other territory or possession of the United States.CommentsClose CommentsPermalink





(16) TRANSITIONAL YIELD- The term ‘transitional yield’ has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)).CommentsClose CommentsPermalink





(17) UNITED STATES- The term ‘United States’, when used in a geographical sense, means all of the States.CommentsClose CommentsPermalink





(18) UNITED STATES PREMIUM FACTOR- The term ‘United States Premium Factor’ means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1 1/8 -inch upland cotton and for Middling (M) 1 3/32 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.CommentsClose CommentsPermalink

SEC. 1105. AGRICULTURE RISK COVERAGE.

(a) Payments Required- If the Secretary determines that payments are required under subsection (c), the Secretary shall make payments for each covered commodity available to producers in accordance with this section.CommentsClose CommentsPermalink





(b) Coverage Election-CommentsClose CommentsPermalink





(1) IN GENERAL- For the period of crop years 2013 through 2017, the producers shall make a 1-time, irrevocable election to receive--CommentsClose CommentsPermalink





(A) individual coverage under this section, as determined by the Secretary; orCommentsClose CommentsPermalink





(B) in the case of a county with sufficient data (as determined by the Secretary), county coverage under this section.CommentsClose CommentsPermalink





(2) EFFECT OF ELECTION- The election made under paragraph (1) shall be binding on the producers making the election, regardless of covered commodities planted, and applicable to all acres under the operational control of the producers, in a manner that--CommentsClose CommentsPermalink





(A) acres brought under the operational control of the producers after the election are included; andCommentsClose CommentsPermalink





(B) acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers.CommentsClose CommentsPermalink





(3) DUTIES OF THE SECRETARY- The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing the election made under paragraph (1).CommentsClose CommentsPermalink





(c) Agriculture Risk Coverage-CommentsClose CommentsPermalink





(1) PAYMENTS- The Secretary shall make agriculture risk coverage payments available under this subsection for each of the 2013 through 2017 crop years if the Secretary determines that--CommentsClose CommentsPermalink





(A) the actual crop revenue for the crop year for the covered commodity; is less thanCommentsClose CommentsPermalink





(B) the agriculture risk coverage guarantee for the crop year for the covered commodity.CommentsClose CommentsPermalink





(2) TIME FOR PAYMENTS- If the Secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity, the agriculture risk coverage payments shall be made as soon as practicable thereafter.CommentsClose CommentsPermalink





(3) ACTUAL CROP REVENUE- The amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(A)(i) in the case of individual coverage, the actual average individual yield for the covered commodity, as determined by the Secretary; orCommentsClose CommentsPermalink





(ii) in the case of county coverage, the actual average yield for the county for the covered commodity, as determined by the Secretary; andCommentsClose CommentsPermalink





(B) the higher of--CommentsClose CommentsPermalink





(i) the midseason price; orCommentsClose CommentsPermalink





(ii) if applicable, the national marketing assistance loan rate for the covered commodity under subtitle B.CommentsClose CommentsPermalink





(4) AGRICULTURE RISK COVERAGE GUARANTEE-CommentsClose CommentsPermalink





(A) IN GENERAL- The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 89 percent of the benchmark revenue.CommentsClose CommentsPermalink





(B) BENCHMARK REVENUE-CommentsClose CommentsPermalink





(i) IN GENERAL- The benchmark revenue shall be the product obtained by multiplying--CommentsClose CommentsPermalink





(I)(aa) in the case of individual coverage, subject to clause (ii), the average individual yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; orCommentsClose CommentsPermalink





(bb) in the case of county coverage, the average county yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; andCommentsClose CommentsPermalink





(II) subject to clause (iii), the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.CommentsClose CommentsPermalink





(ii) USE OF TRANSITIONAL YIELDS- If the yield determined under clause (i)(I)(aa)--CommentsClose CommentsPermalink





(I) for the 2012 crop year or any prior crop year, is less than 60 percent of the applicable transitional yield, the Secretary shall use 60 percent of the applicable transitional yield for that crop year; andCommentsClose CommentsPermalink





(II) for the 2013 crop year and any subsequent crop year, is less than 70 percent of the applicable transitional yield, the Secretary shall use 70 percent of the applicable transitional yield for that crop year.CommentsClose CommentsPermalink





(iii) SPECIAL RULE FOR RICE AND PEANUTS- If the national marketing year average price under clause (i)(II) for any of the applicable crop years is lower than the price for the covered commodity listed below, the Secretary shall use the following price for that crop year:CommentsClose CommentsPermalink





(I) For long grain rice, $13.00 per hundredweight.CommentsClose CommentsPermalink





(II) For medium grain rice, $13.00 per hundredweight.CommentsClose CommentsPermalink





(III) For peanuts, $530.00 per ton.CommentsClose CommentsPermalink





(5) PAYMENT RATE- The payment rate for each covered commodity shall be equal to the lesser of--CommentsClose CommentsPermalink





(A) the amount that--CommentsClose CommentsPermalink





(i) the agriculture risk coverage guarantee for the covered commodity; exceedsCommentsClose CommentsPermalink





(ii) the actual crop revenue for the crop year of the covered commodity; orCommentsClose CommentsPermalink





(B) 10 percent of the benchmark revenue for the crop year of the covered commodity.CommentsClose CommentsPermalink





(6) PAYMENT AMOUNT- If agriculture risk coverage payments under this subsection are required to be paid for any of the 2013 through 2017 crop years of a covered commodity, the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(A) the payment rate under paragraph (5); andCommentsClose CommentsPermalink





(B)(i) in the case of individual coverage the sum of--CommentsClose CommentsPermalink





(I) 65 percent of the planted eligible acres of the covered commodity; andCommentsClose CommentsPermalink





(II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity; orCommentsClose CommentsPermalink





(ii) in the case of county coverage--CommentsClose CommentsPermalink





(I) 80 percent of the planted eligible acres of the covered commodity; andCommentsClose CommentsPermalink





(II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity.CommentsClose CommentsPermalink





(7) DUTIES OF THE SECRETARY- In carrying out the program under this subsection, the Secretary shall--CommentsClose CommentsPermalink





(A) to the maximum extent practicable, use all available information and analysis to check for anomalies in the determination of payments under the program;CommentsClose CommentsPermalink





(B) to the maximum extent practicable, calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;CommentsClose CommentsPermalink





(C) differentiate by type or class the national average price of--CommentsClose CommentsPermalink





(i) sunflower seeds;CommentsClose CommentsPermalink





(ii) barley, using malting barley values; andCommentsClose CommentsPermalink





(iii) wheat; andCommentsClose CommentsPermalink





(D) assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary cannot establish the yield as determined under paragraph (3)(A)(ii) or (4)(B)(i) or if the yield determined under paragraph (3)(A)(ii) or (4) is an unrepresentative average yield for the covered commodity as determined by the Secretary.CommentsClose CommentsPermalink

SEC. 1106. PRODUCER AGREEMENT REQUIRED AS CONDITION OF PROVISION OF PAYMENTS.

(a) Compliance With Certain Requirements-CommentsClose CommentsPermalink





(1) REQUIREMENTS- Before the producers on a farm may receive agriculture risk coverage payments, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments--CommentsClose CommentsPermalink





(A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);CommentsClose CommentsPermalink





(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);CommentsClose CommentsPermalink





(C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; andCommentsClose CommentsPermalink





(D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C).CommentsClose CommentsPermalink





(2) COMPLIANCE- The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1).CommentsClose CommentsPermalink





(3) MODIFICATION- At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary.CommentsClose CommentsPermalink





(b) Transfer or Change of Interest in Farm-CommentsClose CommentsPermalink





(1) TERMINATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which agriculture risk coverage payments are made shall result in the termination of the agriculture risk coverage payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a).CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The termination shall take effect on the date determined by the Secretary.CommentsClose CommentsPermalink





(2) EXCEPTION- If a producer entitled to an agriculture risk coverage payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) ACREAGE REPORTS- As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm.CommentsClose CommentsPermalink





(2) PRODUCTION REPORTS- As a condition on the receipt of any benefits under section 1105, the Secretary shall require producers on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on the farm.CommentsClose CommentsPermalink





(3) PENALTIES- No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report.CommentsClose CommentsPermalink





(4) DATA REPORTING- To the maximum extent practicable, the Secretary shall use data reported by the producer pursuant to requirements under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to meet the obligations described in paragraphs (1) and (2), without additional submissions to the Department.CommentsClose CommentsPermalink





(d) Tenants and Sharecroppers- In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers.CommentsClose CommentsPermalink

SEC. 1107. PERIOD OF EFFECTIVENESS.

This subtitle shall be effective beginning with the 2013 crop year of each covered commodity through the 2017 crop year Sections 1104 through 1106 shall be effective beginning with the 2013 crop year of each covered commodity through the 2017 crop year. CommentsClose CommentsPermalink

Section 1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(2)(A)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘LIMITS- ’ and all that follows through ‘clause (ii),’ and inserting ‘LIMITS- Notwithstanding any other provision of law,’; andCommentsClose CommentsPermalink





(2) by striking clause (ii).CommentsClose CommentsPermalink

Subtitle B--Marketing Assistance Loans and Loan Deficiency PaymentsCommentsClose CommentsPermalink

SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR LOAN COMMODITIES.

(a) Definition of Loan Commodity- In this subtitle, the term ‘loan commodity’ means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.CommentsClose CommentsPermalink





(b) Nonrecourse Loans Available-CommentsClose CommentsPermalink





(1) IN GENERAL- For each of the 2013 through 2017 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm.CommentsClose CommentsPermalink





(2) TERMS AND CONDITIONS- The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity.CommentsClose CommentsPermalink





(c) Eligible Production- The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm.CommentsClose CommentsPermalink





(d) Compliance With Conservation and Wetlands Requirements-CommentsClose CommentsPermalink





(1) REQUIREMENTS- Before the producers on a farm may receive a marketing assistance loan or any other payment or benefit under this subtitle, the producers shall agree, for the crop year for which the payments are made and in exchange for the payments--CommentsClose CommentsPermalink





(A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.);CommentsClose CommentsPermalink





(B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.);CommentsClose CommentsPermalink





(C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; andCommentsClose CommentsPermalink





(D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C).CommentsClose CommentsPermalink





(2) COMPLIANCE- The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with paragraph (1).CommentsClose CommentsPermalink





(3) MODIFICATION- At the request of a transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the purposes of this subsection, as determined by the Secretary.CommentsClose CommentsPermalink





(e) Special Rules for Peanuts-CommentsClose CommentsPermalink





(1) IN GENERAL- This subsection shall apply only to producers of peanuts.CommentsClose CommentsPermalink





(2) OPTIONS FOR OBTAINING LOAN- A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through--CommentsClose CommentsPermalink





(A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; orCommentsClose CommentsPermalink





(B) the Farm Service Agency.CommentsClose CommentsPermalink





(3) STORAGE OF LOAN PEANUTS- As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree--CommentsClose CommentsPermalink





(A) to provide the storage on a nondiscriminatory basis; andCommentsClose CommentsPermalink





(B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section.CommentsClose CommentsPermalink





(4) STORAGE, HANDLING, AND ASSOCIATED COSTS-CommentsClose CommentsPermalink





(A) IN GENERAL- To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary.CommentsClose CommentsPermalink





(B) REDEMPTION AND FORFEITURE- The Secretary shall--CommentsClose CommentsPermalink





(i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; andCommentsClose CommentsPermalink





(ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section.CommentsClose CommentsPermalink





(5) MARKETING- A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality.CommentsClose CommentsPermalink





(6) REIMBURSABLE AGREEMENTS AND PAYMENT OF ADMINISTRATIVE EXPENSES- The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities.CommentsClose CommentsPermalink

SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.

(a) In General- For purposes of each of the 2013 through 2017 crop years, the loan rate for a marketing assistance loan under section 1201 for a loan commodity shall be equal to the following:CommentsClose CommentsPermalink





(1) In the case of wheat, $2.94 per bushel.CommentsClose CommentsPermalink





(2) In the case of corn, $1.95 per bushel.CommentsClose CommentsPermalink





(3) In the case of grain sorghum, $1.95 per bushel.CommentsClose CommentsPermalink





(4) In the case of barley, $1.95 per bushel.CommentsClose CommentsPermalink





(5) In the case of oats, $1.39 per bushel.CommentsClose CommentsPermalink





(6) In the case of base quality of upland cotton, for the 2013 and each subsequent crop year, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic plantings, but in no case less than $0.47 per pound or more than $0.52 per pound.CommentsClose CommentsPermalink





(7) In the case of extra long staple cotton, $0.7977 per pound.CommentsClose CommentsPermalink





(8) In the case of long grain rice, $6.50 per hundredweight.CommentsClose CommentsPermalink





(9) In the case of medium grain rice, $6.50 per hundredweight.CommentsClose CommentsPermalink





(10) In the case of soybeans, $5.00 per bushel.CommentsClose CommentsPermalink





(11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds:CommentsClose CommentsPermalink





(A) Sunflower seed.CommentsClose CommentsPermalink





(B) Rapeseed.CommentsClose CommentsPermalink





(C) Canola.CommentsClose CommentsPermalink





(D) Safflower.CommentsClose CommentsPermalink





(E) Flaxseed.CommentsClose CommentsPermalink





(F) Mustard seed.CommentsClose CommentsPermalink





(G) Crambe.CommentsClose CommentsPermalink





(H) Sesame seed.CommentsClose CommentsPermalink





(I) Other oilseeds designated by the Secretary.CommentsClose CommentsPermalink





(12) In the case of dry peas, $5.40 per hundredweight.CommentsClose CommentsPermalink





(13) In the case of lentils, $11.28 per hundredweight.CommentsClose CommentsPermalink





(14) In the case of small chickpeas, $7.43 per hundredweight.CommentsClose CommentsPermalink





(15) In the case of large chickpeas, $11.28 per hundredweight.CommentsClose CommentsPermalink





(16) In the case of graded wool, $1.15 per pound.CommentsClose CommentsPermalink





(17) In the case of nongraded wool, $0.40 per pound.CommentsClose CommentsPermalink





(18) In the case of mohair, $4.20 per pound.CommentsClose CommentsPermalink





(19) In the case of honey, $0.69 per pound.CommentsClose CommentsPermalink





(20) In the case of peanuts, $355 per ton.CommentsClose CommentsPermalink





(b) Single County Loan Rate for Other Oilseeds- The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11).CommentsClose CommentsPermalink

SEC. 1203. TERM OF LOANS.

(a) Term of Loan- In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made.CommentsClose CommentsPermalink





(b) Extensions Prohibited- The Secretary may not extend the term of a marketing assistance loan for any loan commodity.CommentsClose CommentsPermalink

SEC. 1204. REPAYMENT OF LOANS.

(a) General Rule- The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of--CommentsClose CommentsPermalink





(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283));CommentsClose CommentsPermalink





(2) a rate (as determined by the Secretary) that--CommentsClose CommentsPermalink





(A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; andCommentsClose CommentsPermalink





(B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; orCommentsClose CommentsPermalink





(3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will--CommentsClose CommentsPermalink





(A) minimize potential loan forfeitures;CommentsClose CommentsPermalink





(B) minimize the accumulation of stocks of the commodity by the Federal Government;CommentsClose CommentsPermalink





(C) minimize the cost incurred by the Federal Government in storing the commodity;CommentsClose CommentsPermalink





(D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; andCommentsClose CommentsPermalink





(E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.CommentsClose CommentsPermalink





(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium Grain Rice- The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of--CommentsClose CommentsPermalink





(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); orCommentsClose CommentsPermalink





(2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section.CommentsClose CommentsPermalink





(c) Repayment Rates for Extra Long Staple Cotton- Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).CommentsClose CommentsPermalink





(d) Prevailing World Market Price- For purposes of this section and section 1207, the Secretary shall prescribe by regulation--CommentsClose CommentsPermalink





(1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, and medium grain rice; andCommentsClose CommentsPermalink





(2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices.CommentsClose CommentsPermalink





(e) Adjustment of Prevailing World Market Price for Upland Cotton, Long Grain Rice, and Medium Grain Rice-CommentsClose CommentsPermalink





(1) RICE- The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location.CommentsClose CommentsPermalink





(2) COTTON- The prevailing world market price for upland cotton determined under subsection (d)--CommentsClose CommentsPermalink





(A) shall be adjusted to United States quality and location, with the adjustment to include--CommentsClose CommentsPermalink





(i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3/32 -inch; andCommentsClose CommentsPermalink





(ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; andCommentsClose CommentsPermalink





(B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2018, if the Secretary determines the adjustment is necessary--CommentsClose CommentsPermalink





(i) to minimize potential loan forfeitures;CommentsClose CommentsPermalink





(ii) to minimize the accumulation of stocks of upland cotton by the Federal Government;CommentsClose CommentsPermalink





(iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; andCommentsClose CommentsPermalink





(iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if--CommentsClose CommentsPermalink





(I) there are insufficient current-crop price quotations; andCommentsClose CommentsPermalink





(II) the forward-crop price quotation is the lowest such quotation available.CommentsClose CommentsPermalink





(3) GUIDELINES FOR ADDITIONAL ADJUSTMENTS- In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market.CommentsClose CommentsPermalink





(f) Repayment Rates for Confectionery and Other Kinds of Sunflower Seeds- The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of--CommentsClose CommentsPermalink





(1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); orCommentsClose CommentsPermalink





(2) the repayment rate established for oil sunflower seed.CommentsClose CommentsPermalink





(g) Payment of Cotton Storage Costs- Effective for each of the 2013 through 2017 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 20 percent.CommentsClose CommentsPermalink





(h) Repayment Rate for Peanuts- The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection (a) at a rate that is the lesser of--CommentsClose CommentsPermalink





(1) the loan rate established for peanuts under subsection (b), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); orCommentsClose CommentsPermalink





(2) a rate that the Secretary determines will--CommentsClose CommentsPermalink





(A) minimize potential loan forfeitures;CommentsClose CommentsPermalink





(B) minimize the accumulation of stocks of peanuts by the Federal Government;CommentsClose CommentsPermalink





(C) minimize the cost incurred by the Federal Government in storing peanuts; andCommentsClose CommentsPermalink





(D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally.CommentsClose CommentsPermalink





(i) Authority to Temporarily Adjust Repayment Rates-CommentsClose CommentsPermalink





(1) ADJUSTMENT AUTHORITY- In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity.CommentsClose CommentsPermalink





(2) DURATION- Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary.CommentsClose CommentsPermalink

SEC. 1205. LOAN DEFICIENCY PAYMENTS.

(a) Availability of Loan Deficiency Payments-CommentsClose CommentsPermalink





(1) IN GENERAL- Except 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 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section.CommentsClose CommentsPermalink





(2) UNSHORN PELTS, HAY, AND SILAGE-CommentsClose CommentsPermalink





(A) MARKETING ASSISTANCE LOANS- Subject 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 1201.CommentsClose CommentsPermalink





(B) LOAN DEFICIENCY PAYMENT- Effective for the 2013 through 2017 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.CommentsClose CommentsPermalink





(b) Computation- A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(1) the payment rate determined under subsection (c) for the commodity; byCommentsClose CommentsPermalink





(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 1201.CommentsClose CommentsPermalink





(c) Payment Rate-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of a loan commodity, the payment rate shall be the amount by which--CommentsClose CommentsPermalink





(A) the loan rate established under section 1202 for the loan commodity; exceedsCommentsClose CommentsPermalink





(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.CommentsClose CommentsPermalink





(2) UNSHORN PELTS- In the case of unshorn pelts, the payment rate shall be the amount by which--CommentsClose CommentsPermalink





(A) the loan rate established under section 1202 for ungraded wool; exceedsCommentsClose CommentsPermalink





(B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204.CommentsClose CommentsPermalink





(3) HAY AND SILAGE- In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which--CommentsClose CommentsPermalink





(A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceedsCommentsClose CommentsPermalink





(B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204.CommentsClose CommentsPermalink





(d) Exception for Extra Long Staple Cotton- This section shall not apply with respect to extra long staple cotton.CommentsClose CommentsPermalink





(e) Effective Date for Payment Rate Determination- The 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.CommentsClose CommentsPermalink

SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED ACREAGE.

(a) Eligible Producers-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective for the 2013 through 2017 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage.CommentsClose CommentsPermalink





(2) GRAZING OF TRITICALE ACREAGE- Effective for the 2013 through 2017 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage.CommentsClose CommentsPermalink





(b) Payment Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying--CommentsClose CommentsPermalink





(A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; byCommentsClose CommentsPermalink





(B) the payment quantity determined by multiplying--CommentsClose CommentsPermalink





(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; andCommentsClose CommentsPermalink





(ii)(I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to that loan commodity on the farm; orCommentsClose CommentsPermalink





(II) in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary.CommentsClose CommentsPermalink





(2) GRAZING OF TRITICALE ACREAGE- The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying--CommentsClose CommentsPermalink





(A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; byCommentsClose CommentsPermalink





(B) the payment quantity determined by multiplying--CommentsClose CommentsPermalink





(i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; andCommentsClose CommentsPermalink





(ii)(I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to wheat on the farm; orCommentsClose CommentsPermalink





(II) in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section 1102 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712).CommentsClose CommentsPermalink





(c) Time, Manner, and Availability of Payment-CommentsClose CommentsPermalink





(1) TIME AND MANNER- A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205.CommentsClose CommentsPermalink





(2) AVAILABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall establish an availability period for the payments authorized by this section.CommentsClose CommentsPermalink





(B) CERTAIN COMMODITIES- In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle.CommentsClose CommentsPermalink





(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop Assistance- A 2013 through 2017 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).CommentsClose CommentsPermalink

SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.

(a) Special Import Quota-CommentsClose CommentsPermalink





(1) DEFINITION OF SPECIAL IMPORT QUOTA- In this subsection, the term ‘special import quota’ means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.CommentsClose CommentsPermalink





(2) ESTABLISHMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The President shall carry out an import quota program during the period beginning on August 1, 2013, and ending on July 31, 2018, as provided in this subsection.CommentsClose CommentsPermalink





(B) PROGRAM REQUIREMENTS- Whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 1 3/32 -inch cotton, delivered to a definable and significant international market, as determined by the Secretary, exceeds the prevailing world market price, there shall immediately be in effect a special import quota.CommentsClose CommentsPermalink





(3) QUANTITY- The quota shall be equal to the consumption during a 1-week period of cotton by domestic mills at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture or other data are available.CommentsClose CommentsPermalink





(4) APPLICATION- The quota shall apply to upland cotton purchased not later than 90 days after the date of the Secretary’s announcement under paragraph (2) and entered into the United States not later than 180 days after that date.CommentsClose CommentsPermalink





(5) OVERLAP- A special quota period may be established that overlaps any existing quota period if required by paragraph (2), except that a special quota period may not be established under this subsection if a quota period has been established under subsection (b).CommentsClose CommentsPermalink





(6) PREFERENTIAL TARIFF TREATMENT- The quantity under a special import quota shall be considered to be an in-quota quantity for purposes of--CommentsClose CommentsPermalink





(A) section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));CommentsClose CommentsPermalink





(B) section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);CommentsClose CommentsPermalink





(C) section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); andCommentsClose CommentsPermalink





(D) General Note 3(a)(iv) to the Harmonized Tariff Schedule.CommentsClose CommentsPermalink





(7) LIMITATION- The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 10 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.CommentsClose CommentsPermalink





(b) Limited Global Import Quota for Upland Cotton-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) DEMAND- The term ‘demand’ means--CommentsClose CommentsPermalink





(i) the average seasonally adjusted annual rate of domestic mill consumption of cotton during the most recent 3 months for which official data of the Department of Agriculture (as determined by the Secretary) are available; andCommentsClose CommentsPermalink





(ii) the larger of--CommentsClose CommentsPermalink





(I) average exports of upland cotton during the preceding 6 marketing years; orCommentsClose CommentsPermalink





(II) cumulative exports of upland cotton plus outstanding export sales for the marketing year in which the quota is established.CommentsClose CommentsPermalink





(B) LIMITED GLOBAL IMPORT QUOTA- The term ‘limited global import quota’ means a quantity of imports that is not subject to the over-quota tariff rate of a tariff-rate quota.CommentsClose CommentsPermalink





(C) SUPPLY- The term ‘supply’ means, using the latest official data of the Department of Agriculture--CommentsClose CommentsPermalink





(i) the carryover of upland cotton at the beginning of the marketing year (adjusted to 480-pound bales) in which the quota is established;CommentsClose CommentsPermalink





(ii) production of the current crop; andCommentsClose CommentsPermalink





(iii) imports to the latest date available during the marketing year.CommentsClose CommentsPermalink





(2) PROGRAM- The President shall carry out an import quota program that provides that whenever the Secretary determines and announces that the average price of the base quality of upland cotton, as determined by the Secretary, in the designated spot markets for a month exceeded 130 percent of the average price of the quality of cotton in the markets for the preceding 36 months, notwithstanding any other provision of law, there shall immediately be in effect a limited global import quota subject to the following conditions:CommentsClose CommentsPermalink





(A) QUANTITY- The quantity of the quota shall be equal to 21 days of domestic mill consumption of upland cotton at the seasonally adjusted average rate of the most recent 3 months for which official data of the Department of Agriculture are available or as estimated by the Secretary.CommentsClose CommentsPermalink





(B) QUANTITY IF PRIOR QUOTA- If a quota has been established under this subsection during the preceding 12 months, the quantity of the quota next established under this subsection shall be the smaller of 21 days of domestic mill consumption calculated under subparagraph (A) or the quantity required to increase the supply to 130 percent of the demand.CommentsClose CommentsPermalink





(C) PREFERENTIAL TARIFF TREATMENT- The quantity under a limited global import quota shall be considered to be an in-quota quantity for purposes of--CommentsClose CommentsPermalink





(i) section 213(d) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(d));CommentsClose CommentsPermalink





(ii) section 204 of the Andean Trade Preference Act (19 U.S.C. 3203);CommentsClose CommentsPermalink





(iii) section 503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d)); andCommentsClose CommentsPermalink





(iv) General Note 3(a)(iv) to the Harmonized Tariff Schedule.CommentsClose CommentsPermalink





(D) QUOTA ENTRY PERIOD- When a quota is established under this subsection, cotton may be entered under the quota during the 90-day period beginning on the date the quota is established by the Secretary.CommentsClose CommentsPermalink





(3) NO OVERLAP- Notwithstanding paragraph (2), a quota period may not be established that overlaps an existing quota period or a special quota period established under subsection (a).CommentsClose CommentsPermalink





(c) Economic Adjustment Assistance to Users of Upland Cotton-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton.CommentsClose CommentsPermalink





(2) VALUE OF ASSISTANCE- Effective beginning on August 1, 2012, the value of the assistance provided under paragraph (1) shall be 3 cents per pound.CommentsClose CommentsPermalink





(3) ALLOWABLE PURPOSES- Economic adjustment assistance under this subsection shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery.CommentsClose CommentsPermalink





(4) REVIEW OR AUDIT- The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection.CommentsClose CommentsPermalink





(5) IMPROPER USE OF ASSISTANCE- If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in paragraph (3), the domestic user shall be--CommentsClose CommentsPermalink





(A) liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; andCommentsClose CommentsPermalink





(B) ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary.CommentsClose CommentsPermalink

SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.

(a) Competitiveness Program- Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2018, the Secretary shall carry out a program--CommentsClose CommentsPermalink





(1) to maintain and expand the domestic use of extra long staple cotton produced in the United States;CommentsClose CommentsPermalink





(2) to increase exports of extra long staple cotton produced in the United States; andCommentsClose CommentsPermalink





(3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets.CommentsClose CommentsPermalink





(b) Payments Under Program; Trigger- Under the program, the Secretary shall make payments available under this section whenever--CommentsClose CommentsPermalink





(1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; andCommentsClose CommentsPermalink





(2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton.CommentsClose CommentsPermalink





(c) Eligible Recipients- The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section.CommentsClose CommentsPermalink





(d) Payment Amount- Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period.CommentsClose CommentsPermalink

SEC. 1209. AVAILABILITY OF RECOURSE LOANS FOR HIGH MOISTURE FEED GRAINS AND SEED COTTON.

(a) High Moisture Feed Grains-CommentsClose CommentsPermalink





(1) DEFINITION OF HIGH MOISTURE STATE- In this subsection, the term ‘high moisture state’ means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 1201.CommentsClose CommentsPermalink





(2) RECOURSE LOANS AVAILABLE- For each of the 2013 through 2017 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that--CommentsClose CommentsPermalink





(A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state;CommentsClose CommentsPermalink





(B) present--CommentsClose CommentsPermalink





(i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; orCommentsClose CommentsPermalink





(ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation;CommentsClose CommentsPermalink





(C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; andCommentsClose CommentsPermalink





(D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary.CommentsClose CommentsPermalink





(3) ELIGIBILITY OF ACQUIRED FEED GRAINS- A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying--CommentsClose CommentsPermalink





(A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; byCommentsClose CommentsPermalink





(B) the lower of the actual average yield used to make payments under subtitle A or the actual yield on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum was obtained.CommentsClose CommentsPermalink





(b) Recourse Loans Available for Seed Cotton- For each of the 2013 through 2017 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production.CommentsClose CommentsPermalink





(c) Repayment Rates- Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).CommentsClose CommentsPermalink

SEC. 1210. ADJUSTMENTS OF LOANS.

(a) Adjustment Authority- Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors.CommentsClose CommentsPermalink





(b) Manner of Adjustment- The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles C through E.CommentsClose CommentsPermalink





(c) Adjustment on County Basis-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays.CommentsClose CommentsPermalink





(2) PROHIBITION- Adjustments under this subsection shall not result in an increase in the national average loan rate for any year.CommentsClose CommentsPermalink





(d) Adjustment in Loan Rate for Cotton-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors.CommentsClose CommentsPermalink





(2) REVISIONS TO QUALITY ADJUSTMENTS FOR UPLAND COTTON-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton.CommentsClose CommentsPermalink





(B) MANDATORY REVISIONS- Revisions under subparagraph (A) shall include--CommentsClose CommentsPermalink





(i) the elimination of warehouse location differentials;CommentsClose CommentsPermalink





(ii) the establishment of differentials for the various quality factors and staple lengths of cotton based on a 3-year, weighted moving average of the weighted designated spot market regions, as determined by regional production;CommentsClose CommentsPermalink





(iii) the elimination of any artificial split in the premium or discount between upland cotton with a 32 or 33 staple length due to micronaire; andCommentsClose CommentsPermalink





(iv) a mechanism to ensure that no premium or discount is established that exceeds the premium or discount associated with a leaf grade that is 1 better than the applicable color grade.CommentsClose CommentsPermalink





(C) DISCRETIONARY REVISIONS- Revisions under subparagraph (A) may include--CommentsClose CommentsPermalink





(i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection;CommentsClose CommentsPermalink





(ii) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; andCommentsClose CommentsPermalink





(iii) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3).CommentsClose CommentsPermalink





(3) CONSULTATION WITH PRIVATE SECTOR-CommentsClose CommentsPermalink





(A) PRIOR TO REVISION- In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry.CommentsClose CommentsPermalink





(B) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection.CommentsClose CommentsPermalink





(4) REVIEW OF ADJUSTMENTS- The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton, by--CommentsClose CommentsPermalink





(A) revoking or revising any actions taken under paragraph (2)(B); orCommentsClose CommentsPermalink





(B) revoking or revising any actions taken or authorized to be taken under paragraph (2)(C).CommentsClose CommentsPermalink





(e) Rice- The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields).CommentsClose CommentsPermalink

Subtitle C--SugarCommentsClose CommentsPermalink

SEC. 1301. SUGAR PROGRAM.

(a) Continuation of Current Program and Loan Rates-CommentsClose CommentsPermalink





(1) SUGARCANE- Section 156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(5)) is amended by striking ‘the 2012 crop year’ and inserting ‘each of the 2012 through 2017 crop years’.CommentsClose CommentsPermalink





(2) SUGAR BEETS- Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink





(3) EFFECTIVE PERIOD- Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink





(b) Flexible Marketing Allotments for Sugar-CommentsClose CommentsPermalink





(1) SUGAR ESTIMATES- Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink





(2) SUGAR IMPORT QUOTA ADJUSTMENT DATE- Section 359k(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk(b)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘APRIL 1’ each place it appears and inserting ‘FEBRUARY 1’; andCommentsClose CommentsPermalink





(B) by striking ‘April 1’ each place it appears and inserting ‘February 1’.CommentsClose CommentsPermalink





(3) EFFECTIVE PERIOD- Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink

Subtitle D--DairyCommentsClose CommentsPermalink

PART I--DAIRY PRODUCTION MARGIN PROTECTION AND DAIRY MARKET STABILIZATION PROGRAMS

SEC. 1401. DEFINITIONS.

In this part:CommentsClose CommentsPermalink





(1) ACTUAL DAIRY PRODUCTION MARGIN- The term ‘actual dairy production margin’ means the difference between the all-milk price and the average feed cost, as calculated under section 1402.CommentsClose CommentsPermalink





(2) ALL-MILK PRICE- The 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.CommentsClose CommentsPermalink





(3) ANNUAL PRODUCTION HISTORY- The term ‘annual production history’ means the production history determined for a participating dairy operation under section 1413(b) whenever the participating dairy operation purchases supplemental production margin protection.CommentsClose CommentsPermalink





(4) AVERAGE FEED COST- The term ‘average feed cost’ means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 1402 using the sum of the following:CommentsClose CommentsPermalink





(A) The product determined by multiplying 1.0728 by the price of corn per bushel.CommentsClose CommentsPermalink





(B) The product determined by multiplying 0.00735 by the price of soybean meal per ton.CommentsClose CommentsPermalink





(C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton.CommentsClose CommentsPermalink





(5) BASIC PRODUCTION HISTORY- The term ‘basic production history’ means the production history determined for a participating dairy operation under section 1413(a) for provision of basic production margin protection.CommentsClose CommentsPermalink





(6) CONSECUTIVE 2-MONTH PERIOD- The term ‘consecutive 2-month period’ refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively.CommentsClose CommentsPermalink





(7) DAIRY OPERATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The 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--CommentsClose CommentsPermalink





(i) shares in the pooling of resources and a common ownership structure;CommentsClose CommentsPermalink





(ii) is at risk in the production of milk on the dairy operation; andCommentsClose CommentsPermalink





(iii) contributes land, labor, management, equipment, or capital to the dairy operation.CommentsClose CommentsPermalink





(B) ADDITIONAL OWNERSHIP STRUCTURES- The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation.CommentsClose CommentsPermalink





(8) HANDLER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘handler’ means the initial individual or entity making payment to a dairy operation for milk produced in the United States and marketed for commercial use.CommentsClose CommentsPermalink





(B) PRODUCER-HANDLER- The term includes a ‘producer-handler’ when the producer satisfies the definition in subparagraph (A).CommentsClose CommentsPermalink





(9) PARTICIPATING DAIRY OPERATION- The term ‘participating dairy operation’ means a dairy operation that--CommentsClose CommentsPermalink





(A) signs up under section 1412 to participate in the production margin protection program under subpart A; andCommentsClose CommentsPermalink





(B) as a result, also participates in the stabilization program under subpart B.CommentsClose CommentsPermalink





(10) PRODUCTION MARGIN PROTECTION PROGRAM- The term ‘production margin protection program’ means the dairy production margin protection program required by subpart A.CommentsClose CommentsPermalink





(11) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(12) STABILIZATION PROGRAM- The term ‘stabilization program’ means the dairy market stabilization program required by subpart B for all participating dairy operations.CommentsClose CommentsPermalink





(13) STABILIZATION PROGRAM BASE- The term ‘stabilization program base’, with respect to a participating dairy operation, means the stabilization program base calculated for the participating dairy operation under section 1431(b).CommentsClose CommentsPermalink





(14) UNITED STATES- The 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.CommentsClose CommentsPermalink

SEC. 1402. CALCULATION OF AVERAGE FEED COST AND ACTUAL DAIRY PRODUCTION MARGINS.

(a) Calculation of Average Feed Cost- The Secretary shall calculate the national average feed cost for each month using the following data:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Calculation of Actual Dairy Production Margins-CommentsClose CommentsPermalink





(1) PRODUCTION MARGIN PROTECTION PROGRAM- For use in the production margin protection program under subpart A, the Secretary shall calculate the actual dairy production margin for each consecutive 2-month period by subtracting--CommentsClose CommentsPermalink





(A) the average feed cost for that consecutive 2-month period, determined in accordance with subsection (a); fromCommentsClose CommentsPermalink





(B) the all-milk price for that consecutive 2-month period.CommentsClose CommentsPermalink





(2) STABILIZATION PROGRAM- For use in the stabilization program under subpart B, the Secretary shall calculate each month the actual dairy production margin for the preceding month by subtracting--CommentsClose CommentsPermalink





(A) the average feed cost for that preceding month, determined in accordance with subsection (a); fromCommentsClose CommentsPermalink





(B) the all-milk price for that preceding month.CommentsClose CommentsPermalink





(3) TIME FOR CALCULATIONS- The calculations required by paragraphs (1) and (2) shall be made as soon as practicable using the full month price of the applicable reference month.CommentsClose CommentsPermalink

Subpart A--Dairy Production Margin Protection Program

SEC. 1411. ESTABLISHMENT OF DAIRY PRODUCTION MARGIN PROTECTION PROGRAM.

Effective not later than 120 days after the effective date of this subtitle, the Secretary shall establish and administer a dairy production margin protection program under which participating dairy operations are paid--CommentsClose CommentsPermalink





(1) basic production margin protection program payments under section 1414 when actual dairy production margins are less than the threshold levels for such payments; andCommentsClose CommentsPermalink





(2) supplemental production margin protection program payments under section 1415 if purchased by a participating dairy operation.CommentsClose CommentsPermalink

SEC. 1412. PARTICIPATION OF DAIRY OPERATIONS IN PRODUCTION MARGIN PROTECTION PROGRAM.

(a) Eligibility- All dairy operations in the United States shall be eligible to participate in the production margin protection program, except that a participating dairy operation shall be required to register with the Secretary before the participating dairy operation may receive--CommentsClose CommentsPermalink





(1) basic production margin protection program payments under section 1414; andCommentsClose CommentsPermalink





(2) if the participating dairy operation purchases supplemental production margin protection under section 1415, supplemental production margin protection program payments under such section.CommentsClose CommentsPermalink





(b) Registration Process-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the production margin protection program.CommentsClose CommentsPermalink





(2) TREATMENT OF MULTIPRODUCER DAIRY OPERATIONS- If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of--CommentsClose CommentsPermalink





(A) registration to receive basic production margin protection and election to purchase supplemental production margin protection;CommentsClose CommentsPermalink





(B) payment of the participation fee under subsection (d) and producer premiums under section 1415; andCommentsClose CommentsPermalink





(C) participation in the stabilization program under subtitle B.CommentsClose CommentsPermalink





(3) TREATMENT OF PRODUCERS WITH MULTIPLE DAIRY OPERATIONS- If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to receive basic production margin protection and purchase supplemental production margin protection and only those dairy operations so registered shall be covered by the stabilization program.CommentsClose CommentsPermalink





(c) Time for Registration-CommentsClose CommentsPermalink





(1) EXISTING DAIRY OPERATIONS- During the 15-month period beginning on the date of the initiation of the registration period for the production margin protection program, a dairy operation that is actively engaged as of such date may register with the Secretary--CommentsClose CommentsPermalink





(A) to receive basic production margin protection; andCommentsClose CommentsPermalink





(B) if the dairy operation elects, to purchase supplemental production margin protection.CommentsClose CommentsPermalink





(2) NEW ENTRANTS- A dairy producer that has no existing interest in a dairy operation as of the date of the initiation of the registration period for the production margin protection program, but that, after such date, establishes a new dairy operation, may register with the Secretary during the 1-year period beginning on the date on which the dairy operation first markets milk commercially--CommentsClose CommentsPermalink





(A) to receive basic production margin protection; andCommentsClose CommentsPermalink





(B) if the dairy operation elects, to purchase supplemental production margin protection.CommentsClose CommentsPermalink





(d) Transition From MILC to Production Margin Protection-CommentsClose CommentsPermalink





(1) DEFINITION OF TRANSITION PERIOD- In this subsection, the term ‘transition period’ means the period during which the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) and the production margin protection program under this subtitle are both in existence.CommentsClose CommentsPermalink





(2) NOTICE OF AVAILABILITY- Not later than 30 days after the date of enactment of this Act, the Secretary shall publish a notice in the Federal Register to inform dairy operations of the availability of basic production margin protection and supplemental production margin protection, including the terms of the protection and information about the option of dairy operations during the transition period to make an election described in paragraph (3).CommentsClose CommentsPermalink





(3) ELECTION- Except as provided in paragraph (4), a dairy operation may elect to participate in either the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) or the production margin protection program under this subtitle for the duration of the transition period.CommentsClose CommentsPermalink





(4) TRANSFER TO PRODUCTION MARGIN PROTECTION- A dairy operation that elects to participate in the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773) during the transition period may, at any time, make a permanent transfer to the production margin protection program.CommentsClose CommentsPermalink





(e) Administration Fee-CommentsClose CommentsPermalink





(1) ADMINISTRATION FEE REQUIRED- Except as provided in paragraph (5), a participating dairy operation shall--CommentsClose CommentsPermalink





(A) pay an administration fee under this subsection to register to participate in the production margin protection program; andCommentsClose CommentsPermalink





(B) pay the administration fee annually thereafter to continue to participate in the production margin protection program.CommentsClose CommentsPermalink





(2) FEE AMOUNT- The administration fee for a participating dairy operation for a calendar year shall be based on the pounds of milk (in millions) marketed by the participating dairy operation in the previous calendar year, as follows:CommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

Pounds Marketed (in millions) Administration Fee CommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

ess than 1               $100CommentsClose CommentsPermalink

1 to 5               $250CommentsClose CommentsPermalink

more than 5 to 10               $350CommentsClose CommentsPermalink

more than 10 to 40             $1,000CommentsClose CommentsPermalink

more than 40             $2,500CommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

(3) DEPOSIT OF FEES- All administration fees collected under this subsection shall be credited to the fund or account used to cover the costs incurred to administer the production margin protection program and the stabilization program and shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in paragraph (4).CommentsClose CommentsPermalink





(4) USE OF FEES- The Secretary shall use administration fees collected under this subsection--CommentsClose CommentsPermalink





(A) to cover administrative costs of the production margin protection program and stabilization program; andCommentsClose CommentsPermalink





(B) to cover costs of the Department of Agriculture relating to reporting of dairy market news, carrying out the amendments made by section 1476, and carrying out section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b)), to the extent funds remain available after operation of subparagraph (A).CommentsClose CommentsPermalink





(5) WAIVER- The Secretary shall waive or reduce the administration fee required under paragraph (1) in the case of a limited-resource dairy operation, as defined by the Secretary.CommentsClose CommentsPermalink





(f) Duties of the Secretary- The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing any election made under this subtitle.

(g) Denial of Program Benefits- A person or legal entity shall be ineligible to receive payments under this subtitle for a calendar year, and the succeeding crop year, if the Secretary determines that the person or legal entity--

(1) failed to comply with this subtitle and adopted or participated in adopting a scheme or device to evade the application of basic production margin protection, supplemental production margin protection, or the market stabilization program; or

(2) intentionally concealed the relevant interest of a person or legal entity in any farm or legal entity applicable to the implementation and administration of this subtitle.

(h) Extended Ineligibility- If the Secretary determines that a person or legal entity, for the benefit of the person or legal entity or the benefit of any other person or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of this subtitle, or committed other equally serious actions in violation of the purposes of this subtitle (including regulations issued by the Secretary), the Secretary may for a period not to exceed 5 calendar years deny the issuance of payments under this subtitle to the person or legal entity.

(i) Pro Rata Denial-

(1) IN GENERAL- Payments otherwise owed to a person or legal entity described in subsection (g) or (h) shall be denied in a pro rata manner based on the ownership interest of the person or legal entity in a farm.

(2) CASH RENT TENANT- Payments otherwise payable to a person or legal entity shall be denied in a pro rata manner if the person or legal entity on a farm owned or under the control of a person or legal entity with respect to which a determination has been made under subsection (g) or (h).

(j) Joint and Several Liability- Any legal entity (including s partnership and joint venture) and any member of any legal entity determined to have knowingly participated in a scheme or device to evade, or that has the purpose of evading, this section shall be jointly and severally liable for any amounts that are payable to the Secretary as the result of the scheme or device (including amounts necessary to recover those amounts).

(k) Release- The Secretary may partially or fully release from liability any person or legal entity that cooperates with the Secretary in enforcing this section or in instances in which the Secretary determines that any reconstitution is bona fide and substantive.

(l) Limitation- A dairy operation may only participate in the production margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), but not both.CommentsClose CommentsPermalink

SEC. 1413. PRODUCTION HISTORY OF PARTICIPATING DAIRY OPERATIONS.

(a) Production History for Basic Production Margin Protection-CommentsClose CommentsPermalink





(1) DETERMINATION REQUIRED- For purposes of providing basic production margin protection, the Secretary shall determine the basic production history of a participating dairy operation.CommentsClose CommentsPermalink





(2) CALCULATION- Except as provided in paragraph (3), the basic production history of a participating dairy operation for basic production margin protection is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 3 calendar years immediately preceding the calendar year in which the participating dairy operation first signed up to participate in the production margin protection program.CommentsClose CommentsPermalink





(3) ELECTION BY NEW DAIRY OPERATIONS- In 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 basic production history of the participating dairy operation:CommentsClose CommentsPermalink





(A) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount.CommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(4) NO CHANGE IN PRODUCTION HISTORY FOR BASIC PRODUCTION MARGIN PROTECTION- Once the basic production history of a participating dairy operation is determined under paragraph (2) or (3), the basic production history shall not be subsequently changed for purposes of determining the amount of any basic production margin protection payments for the participating dairy operation made under section 1414.CommentsClose CommentsPermalink





(b) Annual Production History for Supplemental Production Margin Protection-CommentsClose CommentsPermalink





(1) DETERMINATION REQUIRED- For purposes of providing supplemental production margin protection for a participating dairy operation that purchases supplemental production margin protection for a year under section 1415, the Secretary shall determine the annual production history of the participating dairy operation under paragraph (2).CommentsClose CommentsPermalink





(2) CALCULATION- The annual production history of a participating dairy operation for a year is equal to the actual milk marketings of the participating dairy operation during the preceding calendar year.CommentsClose CommentsPermalink





(3) NEW DAIRY OPERATIONS- Subsection (a)(3) shall apply with respect to determining the annual production history of a participating dairy operation that has been in operation for less than a year.CommentsClose CommentsPermalink





(c) Required Information- A participating dairy operation shall provide all information that the Secretary may require in order to establish--CommentsClose CommentsPermalink





(1) the basic production history of the participating dairy operation under subsection (a); andCommentsClose CommentsPermalink





(2) the production history of the participating dairy operation whenever the participating dairy operation purchases supplemental production margin protection under section 1415.CommentsClose CommentsPermalink





(d) Transfer of Production Histories-CommentsClose CommentsPermalink





(1) TRANSFER BY SALE OR LEASE- In promulgating the rules to initiate the production margin protection program, the Secretary shall specify the conditions under which and the manner by which the production history of a participating dairy operation may be transferred by sale or lease.CommentsClose CommentsPermalink





(2) COVERAGE LEVEL-CommentsClose CommentsPermalink





(A) BASIC PRODUCTION MARGIN PROTECTION- A purchaser or lessee to whom the Secretary transfers a basic production history under this subsection shall not obtain a different level of basic production margin protection than the basic production margin protection coverage held by the seller or lessor from whom the transfer was obtained.CommentsClose CommentsPermalink





(B) SUPPLEMENTAL PRODUCTION MARGIN PROTECTION- A purchaser or lessee to whom the Secretary transfers an annual production history under this subsection shall not obtain a different level of supplemental production margin protection coverage than the supplemental production margin protection coverage in effect for the seller or lessor from whom the transfer was obtained for the calendar year in which the transfer was made.CommentsClose CommentsPermalink





(e) Movement and Transfer of Production History-CommentsClose CommentsPermalink





(1) MOVEMENT AND TRANSFER AUTHORIZED- Subject to paragraph (2), if a participating dairy operation moves from 1 location to another location, the participating dairy operation may transfer the basic production history and annual production history associated with the participating dairy operation.CommentsClose CommentsPermalink





(2) NOTIFICATION REQUIREMENT- A participating dairy operation shall notify the Secretary of any move of a participating dairy operation under paragraph (1).CommentsClose CommentsPermalink





(3) SUBSEQUENT OCCUPATION OF VACATED LOCATION- A party subsequently occupying a participating dairy operation location vacated as described in paragraph (1) shall have no interest in the basic production history or annual production history previously associated with the participating dairy operation at such location.CommentsClose CommentsPermalink

SEC. 1414. BASIC PRODUCTION MARGIN PROTECTION.

(a) Payment Threshold- The Secretary shall make a payment to participating dairy operations in accordance with subsection (b) whenever the average actual dairy production margin for a consecutive 2-month period is less than $4.00 per hundredweight of milk.CommentsClose CommentsPermalink





(b) Basic Production Margin Protection Payment- The basic production margin protection payment for a participating dairy operation for a consecutive 2-month period shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(1) the difference between the average actual dairy production margin for the consecutive 2-month period and $4.00, except that, if the difference is more than $4.00, the Secretary shall use $4.00; byCommentsClose CommentsPermalink





(2) the lesser of--CommentsClose CommentsPermalink





(A) 80 percent of the production history of the participating dairy operation, divided by 6; orCommentsClose CommentsPermalink





(B) the actual quantity of milk marketed by the participating dairy operation during the consecutive 2-month period.CommentsClose CommentsPermalink

SEC. 1415. SUPPLEMENTAL PRODUCTION MARGIN PROTECTION.

(a) Election of Supplemental Production Margin Protection- A participating dairy operation may annually purchase supplemental production margin protection to protect, during the calendar year for which purchased, a higher level of the income of a participating dairy operation than the income level guaranteed by basic production margin protection under section 1414.CommentsClose CommentsPermalink





(b) Selection of Payment Threshold- A participating dairy operation purchasing supplemental production margin protection for a year shall elect a coverage level that is higher, in any increment of $0.50, than the payment threshold for basic production margin protection specified in section 1414(a), but not to exceed $8.00.CommentsClose CommentsPermalink





(c) Coverage Percentage- A participating dairy operation purchasing supplemental production margin protection for a year shall elect a percentage of coverage equal to not more than 90 percent, nor less than 25 percent, of the annual production history of the participating dairy operation.CommentsClose CommentsPermalink





(d) Premiums for Supplemental Production Margin Protection-CommentsClose CommentsPermalink





(1) PREMIUMS REQUIRED- A participating dairy operation that purchases supplemental production margin protection shall pay an annual premium equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(A) the coverage percentage elected by the participating dairy operation under subsection (c);CommentsClose CommentsPermalink





(B) the annual production history of the participating dairy operation; andCommentsClose CommentsPermalink





(C) the premium per hundredweight of milk, as specified in the applicable table under paragraph (2) or (3).CommentsClose CommentsPermalink





(2) PREMIUM PER HUNDREDWEIGHT FOR FIRST 4 MILLION POUNDS OF PRODUCTION- For the first 4,000,000 pounds of milk marketings included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level specified in the following table is as follows:CommentsClose CommentsPermalink

--------------------------------CommentsClose CommentsPermalink

Coverage Level Premium per Cwt. CommentsClose CommentsPermalink

--------------------------------CommentsClose CommentsPermalink

$4.50            $0.01CommentsClose CommentsPermalink

$5.00            $0.02CommentsClose CommentsPermalink

$5.50           $0.035CommentsClose CommentsPermalink

$6.00           $0.045CommentsClose CommentsPermalink

$6.50            $0.09CommentsClose CommentsPermalink

$7.00            $0.40CommentsClose CommentsPermalink

$7.50            $0.60CommentsClose CommentsPermalink

$8.00            $0.95CommentsClose CommentsPermalink

--------------------------------CommentsClose CommentsPermalink

(3) PREMIUM PER HUNDREDWEIGHT FOR PRODUCTION IN EXCESS OF 4 MILLION POUNDS- For milk marketings in excess of 4,000,000 pounds included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level is as follows:CommentsClose CommentsPermalink

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