| S 1629 IS
107th CONGRESS
1st Session
S. 1629
To provide farmers
with better prices and higher profits through the marketplace.
IN THE SENATE OF THE UNITED
STATES
November 5, 2001
Mr. DAYTON introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To provide farmers
with better prices and higher profits through the marketplace.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SEC. 101. DEFINITIONS.
Section 102 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7202) is amended--
(1) by striking paragraph
(2) and inserting the following:
`(2) CONSIDERED PLANTED-
The term `considered planted' means--
`(A) any acreage that producers
on a farm were prevented from planting to a crop because of drought, flood,
or other natural disaster, or other condition beyond the control of the
producers on the farm; and
`(B) such other acreage
as the Secretary considers as fair and equitable.';
(2) by striking paragraph
(4) and inserting the following:
`(4) CONTRACT ACREAGE; LOAN
ACREAGE- The terms `contract acreage', and `loan acreage' mean (at the
option of eligible owners or producers on a farm)--
`(A) the total crop acreage
bases established for all contract commodities and loan commodities under
title V of the Agricultural Act of 1949 (7 U.S.C. 1461 et seq.) that would
have been in effect for the 1996 crop (but for suspension under section
171 (b)(1)); or
`(B) the average number
of acres planted and considered planted to all contract commodities and
loan commodities, respectively, during the 1996 through 2001 crop years,
excluding any crop year in which such commodities were not planted or considered
planted, on the farm.';
(3) by striking paragraph
(9) and inserting the following:
`(9) FARM PROGRAM PAYMENT
YIELD- The term `farm program payment yield' means the average yield per
planted acre for a crop for a farm for the 1996 through 2001 crop years,
excluding any crop year during which--
`(A) producers on the farm
were prevented from planting the crop because of drought, flood, or other
natural disaster, or other condition beyond the control of the producers
on the farm; or
`(B) the crop was not planted
or considered planted on the farm.'.
SEC. 201. NONRECOURSE MARKETING
ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS.
AMENDMENT TO THE AGRICULTURAL
MARKET TRANSITION ACT- Title I of the Agricultural Market Transition Act
(7 U.S.C. 7201) is amended by inserting after subtitle H the following
new subtitle:
`Subtitle I--Counter-Cyclical
Economic Assistance for the 2002 Through 2008 Crops--Nonrecourse Marketing
Assistance Loans and Loan Deficiency Payments
`SEC. 131A. AVAILABILITY OF
NONRECOURSE MARKETING ASSISTANCE LOANS.
`(a) NONRECOURSE LOANS AVAILABLE-
For each of the 2002 through 2008 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. The loans shall be made
under terms and conditions that are prescribed by the Secretary and at
the loan rate established under section 132A for the loan commodity.
`(1) ELIGIBLE PRODUCTION-
Any production on a farm of a program participant of a loan commodity shall
be eligible for a marketing assistance loan under subsection (a) subject
to the limitations established in paragraphs (2), (2)(A), (2)(B), and (3)
conditions established in section 202.
`(2) Except as provided
in section 202, the producers on a farm shall be eligible for a marketing
assistance loan for a quantity of a loan commodity for a crop year under
subsection (a) obtained by multiplying--
`(A) the number of acres
planted to each loan commodity on the farm, by
`(B) the farm program payment
yield for the loan commodity on the farm.
`(3) MAXIMUM NUMBER OF ACRES-
The producers on a farm shall not be eligible for a marketing assistance
loan for production on acres planted to loan commodities in excess of the
total program crop loan acreage for the farm.
`(b) COMPLIANCE WITH CONSERVATION
AND WETLANDS REQUIREMENTS- As a condition of the receipt of a marketing
assistance loan under subsection (a), the producer shall comply with the
applicable conservation requirements under subtitle B of title XII of the
Food Security Act of 1985 (16 U.S.C. 3811 et seq.) and applicable wetland
protection requirements under subtitle C of title XII of the Act (16 U.S.C.
3821 et seq.) during the term of the loan.
`(c) ADDITIONAL OUTLAYS
PROHIBITED- The Secretary shall carry out this subtitle in such a manner
that there are no additional outlays as a result of the reconstitution
of a farm that occurs as a result of the combination of another farm that
does not contain eligible cropland covered by a production flexibility
contract for the 1996 through 2002 crops.
`(d) Option To Participate
With Respect to 2002 Crop- Under such terms and conditions as may be prescribed
by the Secretary, a producer may terminate the
production flexibility contract
in effect for the 2002 crop, and thus forgo any right to a contract payment
for the 2002 crop, in order to participate in the marketing loan assistance
provided under this subtitle for the 2002 crop.
`(e) FULL PLANTING FLEXIBILITY
PROVIDED- Notwithstanding section 118 of subtitle B, or any other provision
of this Act, any commodity or crop may be planted on contract acreage or
other acreage on a farm.
`(f) USE OF COMMODITY CERTIFICATES-
Notwithstanding any other provision of law, including section 115 of this
Act, the Secretary may not make use of commodity certificates or the commodity
loan redemption certificate program for the purposes of this subtitle,
or any other purpose.
`SEC. 132A. LOAN RATES FOR MARKETING
ASSISTANCE LOANS.
`(a) GENERALLY- Loan rates
for crops eligible for marketing assistance loans under section 131A for
any loan commodity, as defined in section 102, to mean wheat, corn, grain
sorghum, barley, oats, upland cotton, rice, extra long staple cotton, and
oilseeds, including soybeans, sunflower seed, rapeseed, canola, safflower,
flaxseed, mustard seed, and other oilseeds, if designated by the Secretary,
shall be established in accordance with this section.
`(b) ANNUAL DETERMINATION-
The Secretary shall, for each of the 2002 through 2008 crops, make an annual
determination, in accordance with subsections (c) and (d), to establish
the national and individual loan rate for each loan commodity.
`(c) NATIONAL AVERAGE LOAN
RATE- The national average commodity marketing loan rate for each loan
commodity shall be established at a rate--
`(1) after making weighted
county loan rate adjustments, that is not less than 80 percent of the three
year moving average of the full economic cost of production per unit per
planted acre, and annually adjusted for both the percentage change in variable
production input expenses, and productivity changes as determined by the
Economic Research Service using the best and most recently available data;
`(2) for each of the 2002
crops, the national average loan rate is not less than--
`(A) for wheat: $3.88 per
bushel;
`(B) for corn: $2.40 per
bushel;
`(C) for soybeans: $5.36
per bushel;
`(D) for upland cotton:
$60.65 per hundredweight;
`(E) for rice: $8.61 per
hundredweight; and
`(3) for the 2002-2011 crops
of feed grains and other loan commodities closely related to those identified
in paragraph (2), the Secretary shall determine the rate at a level that
is fair and reasonable in relation to the rate provided for the closely
related commodity.
`(4) For producers of program
commodities who exceed the limitations established in section 202 of this
Act, the Secretary shall provide recourse commodity marketing loans subject
to the agreement of eligible producers as a condition for receiving such
commodity marketing loans that the producer agrees to repay the Commodity
Credit Corporation, on or before the maturity of such loans, the full amount
of the loan principal plus any accrued interest on those loans.
`(d) INDIVIDUAL MARKETING
LOAN RATES- The national average commodity marketing loan rates established
under subsection (c) shall be adjusted to establish individual marketing
loan rates for eligible producers in accordance with the provisions of
this subsection.
`(e) PAYMENTS IN LIEU OF
LOANS- For payments under this subtitle taken in lieu of loans, including
loan deficiency payments made under section 135A of this subtitle, the
Secretary shall develop a similar methodology as described in paragraphs
(1) through (3). The methodology shall assume for the purpose of establishing
the loan deficiency payment that the marketing loan was actually taken
by the producer.
`SEC. 133A. TERM OF LOANS.
`(a) TERM OF LOANS- In the
case of each loan commodity (other than upland cotton and extra long staple
cotton), a marketing assistance loan under section 131A 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.
`(b) SPECIAL RULE FOR COTTON-
A marketing assistance loan for upland cotton or extra long staple cotton
shall have a term of 10 months beginning on the first day of the month
in which the loan is made.
`(c) EXTENSIONS ALLOWED-
The Secretary may extend the term of a marketing assistance loan for any
loan commodity for the purpose of establishing or maintaining any of the
commodity reserves established under the Agricultural Act of 1949.
`SEC. 134A. REPAYMENT OF LOANS.
`(a) REPAYMENT RATES FOR
WHEAT, FEED GRAINS, AND OILSEEDS- The Secretary shall permit a producer
to repay a non-recourse marketing assistance loan under section 131A for
wheat, corn, grain sorghum, barley, oats, and oilseeds at a rate that is
the lesser of--
`(1) the loan rate established
for the commodity under section 132A, plus interest (as determined by the
Secretary); or
`(2) a rate that the Secretary
determines, consistent with the policies and purposes of section 110A of
the Agricultural Act of 1949, will--
`(A) minimize potential
loan forfeitures;
`(B) minimize the accumulation
of stocks of the commodity by the Federal Government;
`(C) minimize the cost incurred
by the Federal Government in storing the commodity; and
`(D) allow the commodity
produced in the United States to be marketed freely and competitively,
both domestically and internationally.
`(b) REPAYMENT RATES FOR
UPLAND COTTON AND RICE- The Secretary shall permit producers to repay a
non-recourse marketing assistance loan under section 131A for upland cotton
and rice at the rate that is the lesser of--
`(1) the loan rate established
for the commodity under section 132A, plus interest (as determined by the
Secretary); or
`(2) the prevailing world
market price for the commodity (adjusted to United States quality and location),
as determined by the Secretary.
`(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 132A, plus interest (as determined by the Secretary).
`(d) PREVAILING WORLD MARKET
PRICE- For purposes of this section, the Secretary shall prescribe by regulation--
`(1) a formula to determine
the prevailing world market price for each commodity, adjusted to United
States quality and location;
`(2) a mechanism by which
the Secretary shall announce periodically the prevailing world market price
for each loan commodity;
`(3) further adjustments
to the prevailing world market price for upland cotton, as described in
subsection (e) of section 134 of this Act.
`SEC. 135A. LOAN DEFICIENCY
PAYMENTS.
`(a) AVAILABILITY OF LOAN
DEFICIENCY PAYMENTS- Except as provided in subsection (d), the Secretary
may make loan deficiency payments available to producers who, although
eligible to obtain a non-recourse marketing assistance loan under section
131A with respect to a loan commodity, agree to forgo obtaining the loan
for the commodity in return for payments under this section.
`(b) COMPUTATION- A loan
deficiency payment under this section shall be computed by multiplying--
`(1) the loan payment rate
determined under subsection (c) for the loan commodity, by
`(2) the quantity of the
loan commodity that the producers on a farm are eligible to place under
the non-recourse commodity marketing loan but for which the producers forgo
obtaining the loan in return for payments under this section.
`(c) LOAN PAYMENT RATE-
For purposes of this section, the loan payment rate shall be the amount
by which--
`(1) the loan rate established
under section 132A for the loan commodity exceeds
`(2) the rate at which a
loan for the commodity may be repaid under section 134A.
`(d) EXCEPTION FOR EXTRA
LONG STAPLE COTTON- This section shall not apply with respect to extra
long staple cotton.'.
SEC. 202. PROGRAM TARGETING.
(a) APPLICABILITY OF PAYMENT
LIMITATIONS- Except as provided in subsections (b)-(d), the provisions
of sections 1001 through 1001C of the Food Security Act of 1985, as amended,
shall be applicable to contract payments made under this Act for the 2002
crops.
(b) SINGLE ATTRIBUTION-
The Food Security Act of 1985 is amended by adding after section 1001E,
the following section--
`(b) SINGLE ENTITY- Notwithstanding
any other provision of this Act, the limitations on payments provided in
sections 1001 through 1001C shall apply to a single farming or ranching
entity. Payments to a simple farming entity shall not exceed the payment
limitations provided under this Act, the Agricultural Act of 1949, or any
other law.
`(c) USE OF TAX IDENTIFICATION
NUMBER- The Secretary shall promulgate regulations to ensure that the payment
limitations of this title are enforced through a single attribution rule.
Payments to a single farming or ranching entity, as described or identified
by employer tax identification number, shall not exceed the applicable
payment limitation amount. Notwithstanding any other provision of law,
such regulations issued by the Secretary shall eliminate the multiple or
three-entity allowance.
`(d) PARTNERSHIPS AND RELATED
ENTITIES- With respect to partnerships and related entities which are not
organized as sole-proprietorships, benefits available under the marketing
loan provisions of subtitle I of the Agricultural Act of 1949 shall be
allocated according to the share of production and market risk assumed
by each member of the entity.'.
(c) LIMITATION OF ELIGIBILITY
OF OTHER ENTITIES- No individual, organization or institution with annual
gross income in excess of $2 million shall be eligible for commodity marketing
loan program benefits if agricultural production does not account for at
least 75 percent of that entity's annual gross income.
(d) LIMITATION ON ELIGIBILITY
FOR NON-RECOURSE COMMODITY MARKETING ASSISTANCE LOANS- Notwithstanding
any other provisions of sections 1001 through 1001C of the Food Security
Act of 1985 and subject to the provisions contained in section 202, subsections
(a) through (d) of this Act, the Secretary shall establish a maximum number
of commodity production units for each program crop per individual producer
that are eligible for non-recourse commodity marketing assistance loans.
(e) In fulfilling the requirements
of subsection (d), the Secretary shall ensure producer flexibility to determine
which crops and the percentage volume of those crops on which the producer
may receive program benefits, except that in no instance shall a producer
be entitled to receive benefits on a volume of production that exceeds
100 percent of the production for an individual crop or the sum of percentages
of the maximum eligible volume of production from two or more eligible
crops.
(f) The quantity limitations
established by the Secretary shall not be more than 10 percent greater
or 10 percent less than the quantities for each crop described as follows:
(1) Wheat--125,000 bushels,
(2) Corn--225,000 bushels,
(3) Sorghum--225,000 bushels,
(4) Barley--225,000 bushels,
(5) Oats--250,000 bushels,
(6) Rice--75,000 hundredweight,
(7) Upland Cotton--10,500
hundredweight,
(8) Extra Long Staple Cotton--12,500
hundredweight,
(9) Soybeans--100,000 bushels,
and
(10) Minor Oilseeds--60,000
hundredweight.
SEC. 203. COMMODITY RESERVES.
Amendment to the Agricultural
Act of 1949- Title 1 of the Agricultural Act of 1949 is amended by adding
after section 110 the following new section:
`SEC. 110A. COMMODITY RESERVES.
`(a) Farmer Owned Production
Loss Reserve-
`(1) PURPOSE- It is the
purpose of this subsection to create a farmer owned reserve to provide--
`(A) stocks to be released
to the marketplace when prices rise to appropriate levels; and
`(B) a reserve that may
be utilized to provide additional production assurance and economic support
to supplement the Federal Crop Insurance Program, and for other purposes.
`(2) ESTABLISHMENT- The
Secretary shall establish and administer a farmer-owned and farmer-stored
reserve program under which producers of agricultural commodities will
be able to--
`(A) store agricultural
commodities when those commodities are in abundant supply;
`(B) extend the time period
for the orderly marketing of the commodities;
`(C) provide for adequate
carry over stocks to ensure a reliable supply of commodities;
`(D) replace lost production
or declines in crop yields for agricultural producers that participate
in the Federal Crop Insurance Program; and
`(E) such other purposes
which will assist farmers bear the economic uncertainty of agricultural
production; or provide for the orderly marketing of agricultural commodities.
`(3) NAME- The agricultural
commodity reserve established under this subsection shall be known as the
`Farmer Owned Production Loss Reserve'.
`(4) RESERVE OPEN- The reserve
shall initially be open to all agricultural producers to enter up to 20
percent of average annual individual production of crops determined eligible
by the Secretary. Additional amounts may be accepted up to the maximum
allowable national level established under paragraph (9). No individual
may enter more than 20 percent of average annual production of the commodity.
`(5) EQUITABLE PARTICIPATION-
The Secretary shall ensure that equitable participation opportunities are
provided to all eligible producers within the limited scope of the reserve
program authorized by this subsection.
`(6) PRICE SUPPORT LOANS
AND DIRECT ENTRY- In carrying out this section, the Secretary shall provide
both--
`(A) for direct entry into
the reserve; and
`(B) extended price support
loans, and loan discounts, for agricultural commodities. An extended loan
shall be made to a producer after the expiration of the original 9-month
price support loan, and the loan shall be extended at no less favorable
terms than the current rate of support for the commodity.
`(A) GENERALLY- The Secretary
shall administer a program to utilize the commodity reserve authorized
by this subsection to allow agricultural producers that participate in
the Federal Crop Insurance Program to--
`(i) under certain conditions,
redeem and market reserve commodities at a discount to the entry level
price; and
`(ii) use stocks in the
reserve to offset a portion of actual insurable production losses not indemnified
through multi-peril or other buy-up crop insurance policies.
`(B) LOAN REPAYMENTS- Under
the program authorized by this paragraph, the Secretary shall discount
the repayment amount of the loan or extended loan if the actual production
of the commodity on the farm for any crop year, as provided in paragraph
(C), is less than the actual production history established for the farm.
The amount of this discount shall be determined by the Secretary after
considering anticipated payments from the Federal Crop Insurance program,
costs of production, and other factors in order to provide support to the
producer for the full value of lost crop or reduced yield.
`(C) REPLACEMENT FOR PRODUCTION-
The Secretary shall utilize the reserve to fully replace lost production
for a producer when actual production yields for the commodity for the
crop year on the farm is less than 95 percent of the actual production
history established for the farm.
`(D) LIMITATION- At no time
may the reserve be utilized to assist any producer in excess of 20 percent
of individual annual production.
`(8) STORAGE PAYMENTS- The
Secretary shall also provide storage payments to producers of agricultural
commodities to maintain the reserve established under this subsection.
Storage payments shall--
`(A) be in such amounts
and under such conditions as the Secretary determines appropriate to encourage
producers to participate in the program;
`(B) reflect local, commercial
storage rates subject to appropriate conditions concerning quality management
and other factors; and
`(C) not be less than comparable
commercial rates, except as provided by paragraph (B).
`(9) QUANTITY OF COMMODITIES
IN PROGRAM- The Secretary shall establish maximum quantities of commodities
that may receive loans and storage payments under this subsection in such
reasonable amounts as will enable the purposes of the program to be achieved.
In no event may the reserve exceed 20 percent of the average annual production
of the agricultural commodity.
`(10) DISCRETIONARY EXIT-
A producer may repay a loan extended under this section at any time.
`(b) HUMANITARIAN FOOD ASSISTANCE
RESERVE-
`(1) PURPOSES- It is the
purpose of this subsection to create a food reserve that will--
`(A) ensure the capacity
of the United States to fulfill its current and future commitments for
humanitarian nutrition assistance programs;
`(B) support the International
School Lunch Program which will seek to prevent hunger and malnourishment
and improve educational opportunities among the estimated 300 million needy
school children around the world; and
`(C) for other purposes
to meet domestic and international humanitarian food relief needs, and
to establish and maintain a food reserve to enable the United States to
meet its emergency food assistance needs.
`(2) ESTABLISHMENT- The
Secretary is authorized to establish and administer a government-owned
and farmer-stored reserve program under which producers of agricultural
commodities will be able to--
`(A) sell agricultural commodities
authorized by the Secretary into the reserve; and
`(B) store such agricultural
commodities.
`(3) NAME- The agricultural
commodity reserve established under this subsection shall be known as the
`Humanitarian Food Assistance Reserve'.
`(4) PURCHASES- The Secretary
shall purchase agricultural commodities at commercial rates in order to
establish, maintain, or enhance the reserve when--
`(A) such commodities are
in abundant supply; and
`(B) there is need for adequate
carryover stocks to ensure a reliable supply of the commodities to meet
the purposes of the reserve; or
`(C) it is otherwise necessary
to fulfill the needs and purposes of the domestic and international nutrition
assistance programs administered or assisted by the Secretary.
`(5) LIMITATION- Purchases
under this subsection shall be limited to amounts of agricultural commodities
needed to fill one-year estimated needs and commitments of the nutrition
programs supported by the reserve. Otherwise, the Secretary may establish
maximum quantities of commodities in such reasonable amounts as will enable
the purposes of the program to be achieved.
`(6) RELEASE OF STOCKS-
Stocks shall be released at cost of acquisition, and in amounts determined
appropriate by the Secretary, when market prices of the agricultural commodity
exceed 100 percent of the full economic cost of production of those commodities.
Cost of production for the commodity shall be determined by the Economic
Research Service using the best available information, and based on a three
year moving average.
`(7) STORAGE PAYMENTS- The
Secretary shall provide storage payments to producers that wish to store
agricultural commodities to maintain the reserve established under this
subsection. Storage payments shall--
`(A) be in such amounts
and under such conditions as the Secretary determines appropriate to encourage
producers to participate in the program;
`(B) reflect local, commercial
storage rates subject to appropriate conditions concerning quality management
and other factors; and
`(C) not be less than comparable
local commercial rates, except as may be provided by paragraph (B).
`(8) QUANTITY OF COMMODITIES
IN PROGRAM- The Secretary may establish maximum quantities of commodities
that may receive loans and storage payments under this subsection in such
reasonable amounts as will enable the purposes of the program to be achieved.
`(9) MANAGEMENT OF COMMODITIES-
Whenever fungible commodities are stored under this subsection, the Secretary
may buy and sell at an equivalent price, allowing for customary location
and grade differentials, substantially equivalent quantities of commodities
in different locations or warehouses to the extent needed to handle, rotate,
distribute, and locate the commodities that the Commodity Credit Corporation
owns or controls. The Secretary shall make purchases to offset such sales
within a reasonable time, and shall make public full disclosure of such
transactions.
(c) Renewable Energy Reserve-
`(1) PURPOSES- It is the
purpose of this subsection to create a reserve of agricultural commodities
to--
`(A) provide feedstocks
to support and further the production of the renewable energy; and
`(B) support the renewable
energy industry in times when production is at risk of decline due to reduced
feedstock supplies or significant commodity price increases.
`(2) ESTABLISHMENT- The
Secretary is authorized to establish and administer a government-owned
and farmer-stored renewable energy reserve program under which producers
of agricultural commodities will be able to--
`(A) sell agricultural commodities
authorized by the Secretary into the reserve; and
`(B) store such agricultural
commodities.
`(3) NAME- The agricultural
commodity reserve established under this subsection shall be known as the
`Renewable Energy Reserve'.
`(4) PURCHASES- The Secretary
shall purchase agricultural commodities at commercial rates in order to
establish, maintain, or enhance the reserve when--
`(A) such commodities are
in abundant supply; and
`(B) there is need for adequate
carryover stocks to ensure a reliable supply of the commodities to meet
the purposes of the reserve; or
`(C) it is otherwise necessary
to fulfill the needs and purposes of the renewable energy program administered
or assisted by the Secretary.
`(5) LIMITATION- Purchases
under this subsection shall be limited to--
`(A) the type and quantities
of agricultural commodities necessary to provide approximately one-year's
estimated utilization for renewable energy purposes;
`(B) an additional amount
of commodities to provide incentives for research and development of new
renewable fuels and bio-energy initiatives; and
`(C) such maximum quantities
of agricultural commodities determined by the Secretary as will enable
the purposes of the renewable energy program to be achieved.
`(6) RELEASE OF STOCKS-
Stocks shall be released at cost of acquisition, and in amounts determined
appropriate by the Secretary, when market prices of the agricultural commodity
exceed 100 percent of the full economic cost of production of those commodities.
Cost of production for the commodity shall be determined by the Economic
Research Service using the best available information, and based on a three
year moving average.
`(7) STORAGE PAYMENTS- The
Secretary shall provide storage payments to producers of agricultural commodities
to maintain the reserve established under this subsection. Storage payments
shall--
`(A) be in such amounts
and under such conditions as the Secretary determines appropriate to encourage
producers to participate in the program;
`(B) reflect local, commercial
storage rates subject to appropriate conditions concerning quality management
and other factors; and
`(C) not be less than comparable
local commercial rates, except as may be provided by paragraph (B).
`(d) COMMODITY CREDIT CORPORATION-
The Secretary shall use the Commodity Credit Corporation to fulfill the
purposes of this subsection. To the maximum extent
practicable consistent with
the purposes, and effective and efficient administration of this subsection,
the Secretary shall utilize the usual and customary channels, facilities
and arrangement of trade and commerce.'.
SEC. 204. DISCRETIONARY INVENTORY
MANAGEMENT AND PROGRAM COST-CONTAINMENT.
(a) SHORT TITLE- This section
may be cited as the `Discretionary Inventory Management, Program Cost-Containment,
and Fiscal Responsibility Act of 2001'.
(b) AMENDMENTS TO THE FEDERAL
AGRICULTURE IMPROVEMENT AND REFORM ACT- Subtitle F of title I of the Federal
Agriculture Improvement and Reform Act (7 U.S.C. 7201) is amended by--
(1) striking out the subtitle
heading and inserting the following new heading--
`Subtitle F--Permanent Authorities
`CHAPTER 1--PRICE SUPPORT';
(2) by adding at the end
the following new chapter--
`CHAPTER 2--DISCRETIONARY
INVENTORY MANAGEMENT AND PROGRAM COST-CONTAINMENT
`SEC. 173. DISCRETIONARY
INVENTORY MANAGEMENT AUTHORITY.
`(a) GENERALLY- Notwithstanding
any other provision of this Act, or the Agricultural Act of 1949, the Secretary
may establish a voluntary inventory management program for loan commodities
under the provisions of this section. Such program shall be established
on a whole farm basis and shall include total program crop acreage for
the farm.
`(b) INCENTIVES OFFERED-
The Secretary may offer incentives, as defined in subsection (f), to agricultural
producers of loan commodities that agree to forgo production on a specified
percentage of the acreage planted to eligible commodities. The production
management program may be announced when the Secretary determines that
the estimated total supply of loan commodities for the next crop year,
in the absence of such a program, will be excessive taking into account
the need for an adequate carryover to maintain reasonable and stable supplies
and prices and to meet a national emergency.
`(c) ACREAGE DEFINED- Inventory
management acreage must be acreage that either--
`(1) has previously been
under a production flexibility contract, or
`(2) was previously planted
as eligible loan commodities for at least three of the last five years.
`(d) CONSERVATION USES-
Inventory management acreage shall be devoted to approved conservation
and wildlife uses, as defined by the Secretary. Adequate safeguards from
weeds, and wind, soil, and water erosion must be provided.
`(e) ACREAGE OPTIONS- If
announced, the inventory management program shall offer the producer a
range of acreage participation options. Under such a program, the Secretary
shall offer producers the option to set-aside 5 percent, 10 percent, 15
percent, or 20 percent of total commodity acreage. Total program acreage
shall include applicable inventory management acres from the previous crop
year.
`(1) The incentive offered
by the Secretary for agreement to forgo production on a specified percentage
of loan commodity production acres shall be an increase in the marketing
loan rates for eligible commodities for the individual producer in an amount
that is equal to one-half of the percentage of the percentage inventory
management or acreage option selected under subsection (e).
`(2) The increase in the
marketing loan rate for an individual producer, shall be as follows--if
the inventory management acreage is--
`(A) 5 percent, then the
marketing loan rate shall be increased by 2.5 percent,
`(B) 10 percent, then the
marketing loan rate shall be increased by 5 percent,
`(C) 15 percent, then the
marketing loan rate shall be increased by 7.5 percent, and
`(D) 20 percent, then the
marketing loan rate shall be increased by 10 percent.
`(g) COMMODITY CREDIT CORPORATION-
The Secretary shall carry out the program authorized by this section through
the Commodity Credit Corporation.
`(h) REGULATIONS- The Secretary
shall issue such regulations as may be necessary to carry out this section.
`(i) CROSS COMPLIANCE AND
OFFSETTING COMPLIANCE- The Secretary shall require that compliance on a
farm with the terms and conditions of any other commodity, conservation,
or any other program is required as a condition of eligibility for inventory
management incentives provided under authority of this section.'.
END
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