HR 1299 IH

To provide a safety net for farmers through reform of the marketing loan program under the Agricultural Market Transition Act, expansion of land enrollment opportunities under the conservation reserve program, and maintaining opportunities for foreign trade in United States agricultural commodities.

To provide a safety net for farmers through reform of the marketing loan program under the Agricultural Market Transition Act, expansion of land enrollment opportunities under the conservation reserve program, and maintaining opportunities for foreign trade in United States agricultural commodities.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Restore Agriculture Productivity Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Removal of caps on loan rates under Agricultural Market Transition Act.

Sec. 3. Extension of marketing loan term.

Sec. 4. Consideration of crops typically grown on lands eligible for enrollment in conservation reserve.

Sec. 5. Expanded enrollment authority under conservation reserve program.

Sec. 6. Early release of certain acreage enrolled in conservation reserve.

Sec. 7. Review of Federal laws and regulations that prohibit the sale or provision of agricultural commodities to foreign countries.

SEC. 2. REMOVAL OF CAPS ON LOAN RATES UNDER AGRICULTURAL MARKET TRANSITION ACT.

(a) SPECIAL RULE FOR 1999-2002 CROPS- Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by adding at the end the following new subsection:

`(g) LIFTING OF CAPS FOR 1999-2002 CROPS-

`(1) IN GENERAL- The cap specified in this section on the loan rate for a marketing assistance loan for a loan commodity shall not apply with respect to the 1999 through 2002 crops of that commodity. With respect to the 1999 through 2002 crops of rice, the Secretary may establish a loan rate in excess of the rate specified in subsection (e).

`(2) RETROACTIVE APPLICATION- In the case of the 1999 crop of each loan commodity, the Secretary shall adjust marketing assistance loans and loan deficiency payments made before the date of the enactment of this subsection to reflect the requirements of paragraph (1).'.

SEC. 3. EXTENSION OF MARKETING LOAN TERM.

Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following new subsection:

`(c) EXTENSIONS AUTHORIZED- The Secretary may extend the term of a marketing assistance loan for any loan commodity for a period not to exceed 6 months.'.

SEC. 4. CONSIDERATION OF CROPS TYPICALLY GROWN ON LANDS ELIGIBLE FOR ENROLLMENT IN CONSERVATION RESERVE.

Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following new subsection:

`(h) CONSIDERATION OF CROPS GROWN ON LANDS OTHERWISE ELIGIBLE FOR ENROLLMENT- In the case of the croplands described in paragraphs (1) and (4) of subsection (b) that are eligible for enrollment in the conservation reserve, the Secretary may consider the types of agricultural commodities typically grown on the lands for the purpose of enrolling lands that, while promoting the conservation and water quality objectives of this subchapter, will also reduce excess productive capacity and improve the prices producers receive for the commodities.'.

SEC. 5. EXPANDED ENROLLMENT AUTHORITY UNDER CONSERVATION RESERVE PROGRAM.

Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended--

(1) by inserting `(1)' before `The Secretary'; and

(2) by adding at the end the following new paragraph:

`(2) Notwithstanding the limitation in paragraph (1) on the total acreage authorized to be maintained in the conservation reserve, the Secretary may enroll additional acreage in the reserve to the extent that amounts are appropriated in advance specifically for that purpose in annual appropriations Acts.'.

SEC. 6. EARLY RELEASE OF CERTAIN ACREAGE ENROLLED IN CONSERVATION RESERVE.

The Food Security Act of 1985 is amended by inserting after section 1231 (16 U.S.C. 3831) the following new section:

`SEC. 1231A. EARLY RELEASE OF CERTAIN ACREAGE ENROLLED IN CONSERVATION RESERVE.

`(a) EARLY RELEASE AUTHORITY- If the Secretary determines that, as a result of the enrollment of land in the conservation reserve under the authority of section 1231(d)(2), sales of a United States agriculture commodity is being displaced due to increased production of that commodity by foreign countries, the Secretary may permit the early release of lands from the conservation reserve pursuant to this section to increase the United States production of that commodity. The Secretary shall make a determination under this subsection on the basis of information provided by the Foreign Agricultural Service.

`(b) PUBLIC AND CONGRESSIONAL NOTIFICATION- Not later than 30 days before permitting the early release of conservation reserve lands for the production of an agricultural commodity, the Secretary shall publish in the Federal Register and submit to Congress written notice describing the justification for the commodity selected, the number of acres that the Secretary seeks to release, and the qualifications and exclusions relevant to that release.

`(c) SELECTION OF LAND FOR RELEASE- Lands may be released under this section only if--

`(1) the lands were used for the production of the agricultural commodity covered by the release before the enrollment of the lands in the conservation reserve;

`(2) the lands were enrolled in the conservation reserve using funds appropriated pursuant to the authorization of appropriations in section 1231(d)(2);

`(3) the holder of the contract by which the lands were enrolled in the conservation reserve applies for and requests the release; and

`(4) the contract holder agrees to produce the commodity covered by the release during the first crop year commencing after the release of the lands.

`(d) ENVIRONMENTAL CONSIDERATIONS- In considering applications by contract holders for the release of lands, the Secretary shall use existing environmental benefits assessments applicable to the lands. Lands which are reserved for high-priority conservation practices, consistent with the conservation priority areas established under section 1231(f) and precedented exclusions for release from the conservation reserve, are not eligible for early release under this section.

`(e) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the selection of lands for release from the conservation reserve and the use of the lands upon release as the Secretary considers appropriate.'.

SEC. 7. REVIEW OF FEDERAL LAWS AND REGULATIONS THAT PROHIBIT THE SALE OR PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN COUNTRIES.

(a) SENSE OF THE CONGRESS- It is the sense of the Congress that any Federal law or regulation that prohibits or otherwise restricts the sale or provision of agricultural commodities to foreign countries should be maintained only if the prohibition under the law or regulation is essential to the national security interests of the United States.

(b) STUDY-

(1) IN GENERAL- The President shall conduct an annual study of every Federal law or regulation that prohibits or otherwise restricts the sale or provision of agricultural commodities to foreign countries to determine--

(A) whether or not the prohibition under such law or regulation is essential to the national security interests of the United States, including a description of the risk to the national security interests posed by the removal of the prohibition; and

(B) the effects of the prohibition under such law or regulation on United States agriculture, including an assessment--

(i) of the extent to which any country or countries subject to the prohibition are markets that accounted for, in the calendar year preceding the imposition of the prohibition, more than 3 percent of all export sales from the United States of an agricultural commodity;

(ii) of the likely effect on incomes of producers of the commodity involved;

(iii) of the extent to which the unilateral economic sanction would permit foreign suppliers to replace United States suppliers; and

(iv) of the likely effect of the proposed sanction on the reputation of United States farmers as reliable suppliers of specific agricultural commodities and of agricultural commodities in general.

(2) SECRETARY OF AGRICULTURE- The President, acting through the Secretary of Agriculture, shall conduct the assessment described in paragraph (1)(B).

(c) REPORT- Not later than 1 year after the date of the enactment of this Act, and on an annual basis thereafter, the President shall prepare and transmit to the appropriate congressional committees a report containing the results of the study under subsection (b).

(d) DEFINITIONS- In this section:

(1) AGRICULTURAL COMMODITY- The term `agricultural commodity' has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--

(A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and

(B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.