S.Amdt. 2425
What it does: Rewrites section 1102What it changes
1 change to S. 3240 · shown in the bill's text
Rewrites section 1102
ReplacesIn S. 3240 · Placed on Calendar Senate
SEC. 1102.
[struck: REPEAL OF ]COUNTER-CYCLICAL[struck: PAYMENTS][inserted: PROGRAM].(a)
[struck: Repeal][inserted: In General].--[struck: Sections][inserted: Section] 1104[struck: and 1304 ]of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714[struck: , 8754])[struck: are repealed.][inserted: is amended--]Struck: (b) Continued Application for 2012 Crop Year.--Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 (7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.
Inserted: (1) in subsection (a), by striking "2008 through 2012 crop years for each covered commodity" and inserting "2013 through 2017 crop years for each covered commodity (other than upland cotton)";
Inserted: (2) in subsection (b), by striking "during the 12-month marketing year" each place it appears in paragraphs (1)(A)(i) and (2)(A)(i) and inserting "for the first 5 months of the marketing year";
Inserted: (3) in subsection (c), by adding at the end the following:
Inserted: "(4) 2013 through 2017 crop years.--For purposes of each of the 2013 through 2017 crop years, the target prices for covered commodities shall be as follows:
Inserted: "(A) Wheat, $4.46 per bushel.
Inserted: "(B) Corn, $2.81 per bushel.
Inserted: "(C) Grain sorghum, $2.81 per bushel.
Inserted: "(D) Feed barley, $2.81 per bushel.
Inserted: "(E) Malt-type barley, $3.57 per bushel.
Inserted: "(F) Oats, $1.92 per bushel.
Inserted: "(G) Long grain rice, $11.00 per hundredweight.
Inserted: "(H) Medium grain rice, $11.00 per hundredweight.
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Inserted: "(I) Soybeans, $6.30 per bushel.
Inserted: "(J) Other oilseeds, $13.18 per hundredweight.
Inserted: "(K) Dry peas, $8.82 per hundredweight.
Inserted: "(L) Lentils, $13.31 per hundredweight.
Inserted: "(M) Small chickpeas, $10.86 per hundredweight.
Inserted: "(N) Large chickpeas, $13.31 per hundredweight.";
Inserted: (4) by redesignating subsection (f) as subsection (g); and
Inserted: (5) by inserting after subsection (e) the following:
Inserted: "(f) Payment Amount.--
Inserted: "(1) Definitions.--In this subsection:
Inserted: "(A) Payment acres.--The term 'payment acres' means--
Inserted: "(i) 75 percent of the acres planted or prevented from being planted to a covered commodity on a farm; but
Inserted: "(ii) not to exceed 75 percent of the total base acres for the covered commodity established for the 2012 crop year.
Inserted: "(B) Payment yield.--The term 'payment yield' means the yield established for counter-cyclical payments for the 2012 crop year for a farm for a covered commodity.
Inserted: "(2) Payment amount.--If counter-cyclical payments are required to be paid under this section for any of the 2013 through 2017 crop years of a covered commodity, the amount of the counter-cyclical payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following:
Inserted: "(A) The payment rate specified in subsection (d).
Inserted: "(B) The payment acres of the covered commodity on the farm.
Inserted: "(C) The payment yield for the covered commodity for the farm.".
Inserted: (b) Peanuts.--Section 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8754) is amended--
Inserted: (1) in subsection (a), by striking "2008 through 2012" and inserting "2013 through 2017";
Inserted: (2) in subsection (b)(1)(A), by striking "during the 12-month marketing year" and inserting "for the first 5 months of the marketing year";
Inserted: (3) in subsection (c), by striking "$495 per ton" and inserting "$25.25 per hundredweight";
Inserted: (4) by redesignating subsection (f) as subsection (g); and
Inserted: (5) by inserting after subsection (e) the following:
Inserted: "(f) Payment Amount.--
Inserted: "(1) Definitions.--In this subsection:
Inserted: "(A) Payment acres.--The term 'payment acres' means--
Inserted: "(i) 75 percent of the acres planted or prevented from being planted to peanuts on a farm; but
Inserted: "(ii) not to exceed 75 percent of the total base acres for peanuts established for the 2012 crop year.
Inserted: "(B) Payment yield.--The term 'payment yield' means the yield established for counter-cyclical payments for the 2012 crop year for a farm for peanuts.
Inserted: "(2) Payment amount.--If counter-cyclical payments are required to be paid under this section for any of the 2013 through 2017 crop years of peanuts., the amount of the counter-cyclical payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following:
Inserted: "(A) The payment rate specified in subsection (d).
Inserted: "(B) The payment acres on the farm.
Inserted: "(C) The payment yield for the farm.".
Inserted: (c) Producer Agreement Required as Condition of Provision of Payments.--Section 1106 shall apply to counter-cyclical payments under sections 1104 and 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714, 8754) (as amended by this section) in the same manner as that section applies to agriculture risk coverage payments.
Inserted: (d) Payment Limitations.--Section 1101(b) of the Food Security Act of 1985 (as amended by section 1603(a)) is amended--
Inserted: (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately;
Inserted: (2) by striking "The total" and inserting the following:
Inserted: "(1) In general.--The total"; and
Inserted: (3) by adding at the end the following:
Inserted: "(2) Limitation on counter-cyclical payments.--
Inserted: "(A) In general.--The total amount of counter-cyclical payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under section 1104 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714) for 1 or more covered commodities (except for peanuts) may not exceed $65,000.
Inserted: "(B) Peanuts.--The total amount of counter-cyclical payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under section 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8754) for peanuts may not exceed $65,000.".
Inserted: (e) Period of Effectiveness.--
Inserted: (1) In general.--Section 1109 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended--
Inserted: (A) by striking "This subtitle" and inserting the following:
Inserted: "(1) In general.--Except as provided in paragraph (2), this subtitle"; and
Inserted: (B) by adding at the end the following:
Inserted: "(2) Counter-cyclical program.--Section 1104 shall be effective beginning with the 2013 crop year of each covered commodity (other than upland cotton) through the 2017 crop year.".
Inserted: (2) Administration generally.--Notwithstanding any other provision of law, for the period of crop years 2013 through 2017, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out sections 1104 and 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714, 8754) in accordance with the amendments made by this section.
Inserted: (f) Offset.--Sections 11006 and 11012, and the amendments made by those sections, shall have no force or effect.
Original wording
Strike section 1102 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2425. Mr. CONRAD (for himself, Mr. Baucus, Mr. Hoeven, and Mr. Chambliss) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1102 and insert the following:
SEC. 1102. COUNTER-CYCLICAL PROGRAM.
(a) In General.--Section 1104 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8714) is amended--
(1) in subsection (a), by striking “2008 through 2012 crop years for each covered commodity” and inserting “2013 through 2017 crop years for each covered commodity (other than upland cotton)”;
(2) in subsection (b), by striking “during the 12-month marketing year” each place it appears in paragraphs (1)(A)(i) and (2)(A)(i) and inserting “for the first 5 months of the marketing year”;
(3) in subsection (c), by adding at the end the following:
“(4) 2013 through 2017 crop years.--For purposes of each of the 2013 through 2017 crop years, the target prices for covered commodities shall be as follows:
“(A) Wheat, $4.46 per bushel.
“(B) Corn, $2.81 per bushel.
“(C) Grain sorghum, $2.81 per bushel.
“(D) Feed barley, $2.81 per bushel.
“(E) Malt-type barley, $3.57 per bushel.
“(F) Oats, $1.92 per bushel.
“(G) Long grain rice, $11.00 per hundredweight.
“(H) Medium grain rice, $11.00 per hundredweight.
“(I) Soybeans, $6.30 per bushel.
“(J) Other oilseeds, $13.18 per hundredweight.
“(K) Dry peas, $8.82 per hundredweight.
“(L) Lentils, $13.31 per hundredweight.
“(M) Small chickpeas, $10.86 per hundredweight.
“(N) Large chickpeas, $13.31 per hundredweight.”;
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
“(f) Payment Amount.--
“(1) Definitions.--In this subsection:
“(A) Payment acres.--The term ‘payment acres' means--
“(i) 75 percent of the acres planted or prevented from being planted to a covered commodity on a farm; but
“(ii) not to exceed 75 percent of the total base acres for the covered commodity established for the 2012 crop year.
“(B) Payment yield.--The term ‘payment yield' means the yield established for counter-cyclical payments for the 2012 crop year for a farm for a covered commodity.
“(2) Payment amount.--If counter-cyclical payments are required to be paid under this section for any of the 2013 through 2017 crop years of a covered commodity, the amount of the counter-cyclical payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following:
“(A) The payment rate specified in subsection (d).
“(B) The payment acres of the covered commodity on the farm.
“(C) The payment yield for the covered commodity for the farm.”.
(b) Peanuts.--Section 1304 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8754) is amended--
(1) in subsection (a), by striking “2008 through 2012” and inserting “2013 through 2017”;
(2) in subsection (b)(1)(A), by striking “during the 12-month marketing year” and inserting “for the first 5 months of the marketing year”;
(3) in subsection (c), by striking “$495 per ton” and inserting “$25.25 per hundredweight”;
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
“(f) Payment Amount.--
“(1) Definitions.--In this subsection:
“(A) Payment acres.--The term ‘payment acres' means--
“(i) 75 percent of the acres planted or prevented from being planted to peanuts on a farm; but
“(ii) not to exceed 75 percent of the total base acres for peanuts established for the 2012 crop year.
“(B) Payment yield.--The term ‘payment yield' means the yield established for counter-cyclical payments for the 2012 crop year for a farm for peanuts.
“(2) Payment amount.--If counter-cyclical payments are required to be paid under this section for any of the 2013 through 2017 crop years of peanuts., the amount of the counter-cyclical payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following:
“(A) The payment rate specified in subsection (d).
“(B) The payment acres on the farm.
“(C) The payment yield for the farm.”.
(c) Producer Agreement Required as Condition of Provision of Payments.--Section 1106 shall apply to counter-cyclical payments under sections 1104 and 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714, 8754) (as amended by this section) in the same manner as that section applies to agriculture risk coverage payments.
(d) Payment Limitations.--Section 1101(b) of the Food Security Act of 1985 (as amended by section 1603(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately;
(2) by striking “The total” and inserting the following:
“(1) In general.--The total”; and
(3) by adding at the end the following:
“(2) Limitation on counter-cyclical payments.--
“(A) In general.--The total amount of counter-cyclical payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under section 1104 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714) for 1 or more covered commodities (except for peanuts) may not exceed $65,000.
“(B) Peanuts.--The total amount of counter-cyclical payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under section 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8754) for peanuts may not exceed $65,000.”.
(e) Period of Effectiveness.--
(1) In general.--Section 1109 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8719) is amended--
(A) by striking “This subtitle” and inserting the following:
“(1) In general.--Except as provided in paragraph (2), this subtitle”; and
(B) by adding at the end the following:
“(2) Counter-cyclical program.--Section 1104 shall be effective beginning with the 2013 crop year of each covered commodity (other than upland cotton) through the 2017 crop year.”.
(2) Administration generally.--Notwithstanding any other provision of law, for the period of crop years 2013 through 2017, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out sections 1104 and 1304 of the Food and Nutrition Act of 2008 (7 U.S.C. 8714, 8754) in accordance with the amendments made by this section.
(f) Offset.--Sections 11006 and 11012, and the amendments made by those sections, shall have no force or effect.
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Senate amendment submitted
June 14, 2012