Help Our Producers Equity Act of 1999
S 1523 IS
106th CONGRESS
1st Session
S. 1523
To provide a safety net for agricultural producers through improvement
of the marketing assistance loan program, expansion of land enrollment
opportunities under the conservation reserve program, and maintenance of
opportunities for foreign trade in United States agricultural commodities.
IN THE SENATE OF THE UNITED STATES
August 5, 1999
Mrs. LINCOLN introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide a safety net for agricultural producers through improvement
of the marketing assistance loan program, expansion of land enrollment
opportunities under the conservation reserve program, and maintenance of
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.
This Act may be cited as the `Help Our Producers Equity Act of 1999'.
SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
(a) IN GENERAL- Section 132 of the Agricultural Market Transition Act
(7 U.S.C. 7232) is amended by adding at the end the following:
`(g) LIMITATIONS ON LOAN RATES-
`(1) IN GENERAL- Except as provided in paragraph (2)--
`(A) the limitations imposed under this section on the loan rate for
a marketing assistance loan for a loan commodity (referred to in this subsection
as a `covered commodity') shall not apply with respect to the 1999 through
2002 crops of the covered commodity; and
`(B) the loan rate for a marketing assistance loan under section 131
for the 1999 through 2002 crops of the covered commodity shall be not less
than the higher of--
`(i) 85 percent of the simple average price received by producers of
the covered commodity, as determined by the Secretary, during the marketing
years for the immediately preceding 5 crops of the covered commodity, excluding
the year in which the average price was the highest and the year in which
the average price was the lowest in the period;
`(ii) if the world market price for the crop of at least 3 loan commodities
is less than the loan rate established for the crop of the respective loan
commodities under subsections (a) through (f), 95 percent of the simple
average price received by producers of the covered commodity, as determined
by the Secretary, during the marketing years for the immediately preceding
5 crops of the covered commodity, excluding the year in which the average
price was the highest and the year in which the average price was the lowest
in the period; or
`(iii) the loan rate established for the 1999 crop of the covered commodity
under this section.
`(2) RICE- 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).
`(3) 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 enactment of this subsection
to reflect the requirements of paragraphs (1) and (2).'.
(b) LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS-
Section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) is
amended by striking `during any crop year may not exceed $75,000' and insert
`during--
`(A) each of the 1996 through 1998 crop years may not exceed $75,000;
and
`(B) each of the 1999 through 2002 crop years may not exceed $150,000.'.
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:
`(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. MAXIMUM ENROLLMENT IN CONSIDERATION RESERVE PROGRAM.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d))
is amended--
(1) by striking `The' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the'; and
(2) by adding at the end the following:
`(2) APPLICABILITY- Subject to the availability of appropriations,
paragraph (1) shall not apply to each of the 1999 through 2002 calendar
years.'.
SEC. 5. WETLANDS RESERVE PROGRAM.
(a) ANNUAL ENROLLMENT AUTHORITY- Section 1237(b) of the Food Security
Act of 1985 (16 U.S.C. 3837(b)) is amended by striking paragraph (1) and
inserting the following:
`(1) ANNUAL ENROLLMENT AUTHORITY- For calendar years 2000 through 2005,
the Secretary may enroll up to 250,000 acres annually in the wetlands reserve
program.'.
(b) EXTENSION OF PROGRAM- Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended by striking `2002' and inserting
`2005'.
(c) ELIGIBLE LANDS- Section 1237(d) of the Food Security Act of 1985
(16 U.S.C. 3837(d)) is amended--
(1) in paragraph (2), by striking `or' at the end;
(2) in paragraph (3), by striking the period at the end and inserting
`; or'; and
(3) by adding at the end the following:
`(4)(A) suitable for the establishment of wetland functions and values;
`(B) land that would contribute substantially to the habitat objectives
of the North American Waterfowl Management Plan signed by the Minister
of the Environment for Canada and the Secretary of the Interior of the
United States in May 1986;
`(C) land that has not historically been wetlands.'.
(d) COOPERATIVE AGREEMENTS- Section 1237F of the Food Security Act
of 1985 (16 U.S.C. 3837f) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
`(b) COOPERATIVE AGREEMENTS- Notwithstanding chapter 63 of title 31,
United States Code, the Secretary may enter into a cooperative agreement
for the acquisition of goods or services, including personal services,
with a State, a political subdivision or agency of a State, a public or
private agency, an organization, or any other person, without regard to
any requirements for competition, if the Secretary determines that--
`(1) the objectives of the agreement will serve a mutual interest of
the parties to the agreement in wetland conservation;
`(2) all parties will contribute resources to the accomplishment of
the objectives; and
`(3) the agreement will further the purposes of this subchapter.'.
SEC. 6. REVIEW OF FEDERAL LAWS AND REGULATIONS THAT PROHIBIT THE SALE OR
PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN COUNTRIES.
(a) FINDING- Congress finds that any Federal law (including a regulation)
that prohibits or otherwise restricts the sale or provision of an agricultural
commodity to a foreign country should be maintained only if the prohibition
or other restriction under the law or regulation is essential to the national
security interests of the United States.
(b) 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.
(3) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(1) IN GENERAL- The President shall conduct an annual study of each
Federal law (including a regulation) that prohibits or otherwise restricts
the sale or provision of an agricultural commodity to a foreign country
to determine--
(A) whether the prohibition or other restriction under the law 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 or other restriction; and
(B) the effects of the prohibition or other restriction under the law
on United States agriculture, including an assessment of--
(i) the extent to all countries subject to the prohibition constitute
a market that accounted for, in the calendar year preceding the imposition
of the prohibition or other restriction, more than 3 percent of all export
sales from the United States of an agricultural commodity;
(ii) the likely effect on incomes of producers of the commodity involved;
(iii) the extent to which the prohibition or other restriction would
permit foreign suppliers to replace United States suppliers; and
(iv) the likely effect of the prohibition or other restriction on the
reputation of United States agricultural producers as reliable suppliers
of specific agricultural commodities and of agricultural commodities in
general.
(2) SECRETARY- The President, acting through the Secretary, shall conduct
the assessment described in paragraph (1)(B).
(d) REPORT- Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the President shall prepare and submit to
the appropriate congressional committees a report containing the results
of the study under subsection (c).
END