S 281 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 281CommentsClose CommentsPermalink

To amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 12, 2013CommentsClose CommentsPermalink

Mr. GRASSLEY (for himself, Mr. JOHNSON of South Dakota, Mr. ENZI, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits.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.

This Act may be cited as the ‘Farm Program Integrity Act of 2013’.CommentsClose CommentsPermalink

SEC. 2. PAYMENT LIMITATIONS.

(a) In General- Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) LEGAL ENTITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘legal entity’ means--CommentsClose CommentsPermalink





‘(i) an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d);CommentsClose CommentsPermalink





‘(ii) a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); andCommentsClose CommentsPermalink





‘(iii) an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture.CommentsClose CommentsPermalink





‘(B) EXCLUSION- The term ‘legal entity’ does not include a general partnership or joint venture.’;CommentsClose CommentsPermalink





(2) by striking subsections (b) through (d) and inserting the following:CommentsClose CommentsPermalink





‘(b) Limitation on Payments for Covered Commodities and Peanuts- The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or a successor provision) may not exceed $125,000, of which--CommentsClose CommentsPermalink





‘(1) not more than $75,000 may consist of marketing loan gains and loan deficiency payments under subtitle B or C of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) (or a successor provision); andCommentsClose CommentsPermalink





‘(2) not more than $50,000 may consist of any other payments made for covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) (or a successor provision).CommentsClose CommentsPermalink





‘(c) Spousal Equity-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph (2) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b).CommentsClose CommentsPermalink





‘(2) EXCEPTIONS-CommentsClose CommentsPermalink





‘(A) SEPARATE FARMING OPERATIONS- In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary.CommentsClose CommentsPermalink





‘(B) ELECTION TO RECEIVE SEPARATE PAYMENTS- A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection (b) that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections.’;CommentsClose CommentsPermalink





(3) in paragraph (3)(B) of subsection (f), by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) IRREVOCABLE TRUSTS- In promulgating regulations to define the term ‘legal entity’ as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation.’; andCommentsClose CommentsPermalink





(4) in subsection (h), in the second sentence, by striking ‘or other entity’ and inserting ‘or legal entity’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended--CommentsClose CommentsPermalink





(A) in subsection (e), by striking ‘subsections (b) and (c)’ each place it appears in paragraphs (1) and (3)(B) and inserting ‘subsection (b)’;CommentsClose CommentsPermalink





(B) in subsection (f)--CommentsClose CommentsPermalink





(i) in paragraph (2), by striking ‘Subsections (b) and (c)’ and inserting ‘Subsection (b)’;CommentsClose CommentsPermalink





(ii) in paragraph (4)(B), by striking ‘subsection (b) or (c)’ and inserting ‘subsection (b)’;CommentsClose CommentsPermalink





(iii) in paragraph (5)--CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘subsection (d)’; andCommentsClose CommentsPermalink





(II) in subparagraph (B), by striking ‘subsection (b), (c), or (d)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink





(iv) in paragraph (6)--CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘Notwithstanding subsection (d), except as provided in subsection (g)’ and inserting ‘Except as provided in subsection (f)’; andCommentsClose CommentsPermalink





(II) in subparagraph (B), by striking ‘subsections (b), (c), and (d)’ and inserting ‘subsection (b)’;CommentsClose CommentsPermalink





(C) in subsection (g)--CommentsClose CommentsPermalink





(i) in paragraph (1)--CommentsClose CommentsPermalink





(I) by striking ‘subsection (f)(6)(A)’ and inserting ‘subsection (e)(6)(A)’; andCommentsClose CommentsPermalink





(II) by striking ‘subsection (b) or (c)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink





(ii) in paragraph (2)(A), by striking ‘subsections (b) and (c)’ and inserting ‘subsection (b)’; andCommentsClose CommentsPermalink





(D) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.CommentsClose CommentsPermalink





(2) Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘subsections (b) and (c) of section 1001’ and inserting ‘section 1001(b)’; andCommentsClose CommentsPermalink





(B) in subsection (b)(1), by striking ‘subsection (b) or (c) of section 1001’ and inserting ‘section 1001(b)’.CommentsClose CommentsPermalink





(3) Section 1001B(a) of the Food Security Act of 1985 (7 U.S.C. 1308-2(a)) is amended in the matter preceding paragraph (1) by striking ‘subsections (b) and (c) of section 1001’ and inserting ‘section 1001(b)’.CommentsClose CommentsPermalink





(c) Application- The amendments made by this section shall apply beginning with the 2014 crop year.CommentsClose CommentsPermalink

SEC. 3. PAYMENTS LIMITED TO ACTIVE FARMERS.

Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) by striking ‘or active personal management’ each place it appears in subparagraphs (A)(i)(II) and (B)(ii); andCommentsClose CommentsPermalink





(B) in subparagraph (C), by striking ‘, as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management’ and inserting ‘are met by partners or members making a significant contribution of personal labor, those partners or members’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) the landowner share-rents the land at a rate that is usual and customary;’;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent.’;CommentsClose CommentsPermalink





(B) in paragraph (2)(A), by striking ‘active personal management or’;CommentsClose CommentsPermalink





(C) in paragraph (5)--CommentsClose CommentsPermalink





(i) by striking ‘(5)’ and all that follows through ‘(A) IN GENERAL- A person’ and inserting the following:CommentsClose CommentsPermalink





‘(5) CUSTOM FARMING SERVICES- A person’;CommentsClose CommentsPermalink





(ii) by inserting ‘under usual and customary terms’ after ‘services’; andCommentsClose CommentsPermalink





(iii) by striking subparagraph (B); andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) FARM MANAGERS- A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person--CommentsClose CommentsPermalink





‘(A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account--CommentsClose CommentsPermalink





‘(i) the size and complexity of the farming operation; andCommentsClose CommentsPermalink





‘(ii) the management requirements normally and customarily required by similar farming operations;CommentsClose CommentsPermalink





‘(B)(i) is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; andCommentsClose CommentsPermalink





‘(ii) together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b);CommentsClose CommentsPermalink





‘(C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; andCommentsClose CommentsPermalink





‘(D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b).’.CommentsClose CommentsPermalink