S.Amdt. 3312Senate115th Congress (2017-2019)2nd degree
S.Amdt. 3312
Sponsored by
Sen. Richard J. Durbin (D-IL)
Submitted June 27, 2018
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Senate amendment submitted
June 27, 2018
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Submitted
SA 3312. Mr. DURBIN (for himself and Mr. Blunt) submitted an amendment intended to be proposed to amendment SA 3224 proposed by Mr. Roberts (for himself and Ms. Stabenow) to the bill H.R. 2, to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title I, add the following: SEC. 11__. NONRECOURSE CONSERVATION AND BEGINNING FARMERS LOAN ASSISTANCE PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible commodity.--The term ``eligible commodity'' means corn, soybeans, and wheat. (2) Qualified producer.--The term ``qualified producer'' means a producer eligible for a nonrecourse marketing loan under section 1201 of the Agricultural Act of 2014 (7 U.S.C. 9031) that agrees to not apply for that loan for any eligible commodity in each of the 2019 through 2023 crop years. (b) Nonrecourse Conservation and Beginning Farmers Loan Assistance Pilot Program.--The Secretary shall establish a nonrecourse conservation and beginning farmers loan assistance pilot program (referred to in this section as the ``pilot program'') to make available to qualified producers on a farm nonrecourse conservation assistance loans for each eligible commodity for each of the 2019 through 2023 crop years. (c) Eligible Production.--A qualified producer on a farm shall be eligible for a loan under the pilot program for any quantity of an eligible commodity produced on the farm. (d) Loan Rates for Nonrecourse Conservation Assistance Loans.-- (1) In general.--Subject to paragraph (2), for purposes of each of the 2019 through 2023 crop years, the loan rate for a loan under the pilot program for an eligible commodity shall be-- (A) for beginning farmers and ranchers (as determined by the Secretary), 70 percent of the national average price received by producers during the 12-month marketing year for the eligible commodity for the 5 crop years immediately prior to the crop year in which the conservation assistance loan will be made, excluding-- (i) the crop year with the highest price; and (ii) the crop year with the lowest price; and (B) for qualified producers not described in subparagraph (A), 55 percent of the national average price received by producers during the 12-month marketing year for the eligible commodity for the 5 crop years immediately prior to the crop year in which the conservation assistance loan will be made, excluding-- (i) the crop year with the highest price; and (ii) the crop year with the lowest price. (2) Special rule for cover crops.-- (A) In general.--In the case of a qualified producer who agrees to plant a cover crop on acres associated with the eligible commodity, the applicable loan rate under paragraph (1) shall be increased by an amount equal to $0.20 per bushel. (B) Effect of failure to plant cover crop.--In the case of a qualified producer who is prevented from planting a cover crop due to weather or other natural events that interfered with the planting of a cover crop (as determined by the Secretary), the qualified producer shall be eligible for the loan rate described in subparagraph (A). (e) Terms of Loans.-- (1) In general.--In the case of each eligible commodity, a loan under the pilot program 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. (2) Extensions prohibited.--The Secretary may not extend the term of a loan under the pilot program for any eligible commodity. (f) Repayment of Loans.-- (1) In general.--The Secretary shall permit the qualified producers on a farm to repay a loan under the pilot program for an eligible commodity at a rate that is the lesser of-- [[Page S4671]] (A) the loan rate established under subsection (d); (B) a rate that is equal to the expected market price for the eligible commodity as calculated for crop insurance, as determined by the Secretary; and (C) such other rate the Secretary determines will avoid or minimize potential loan forfeitures. (2) Adjustments.--The Secretary shall make such adjustments that the Secretary determines necessary-- (A) to avoid forfeiture or the accumulation of stocks of the commodities placed under a loan under the pilot program; (B) to minimize the costs incurred by the Federal Government; (C) to allow the commodity produced to be marketed freely and competitively, both domestically and internationally; and (D) to minimize discrepancies in conservation loan benefits across State boundaries and across county boundaries. (g) Compliance Requirements.--As a condition of the receipt of a loan under the pilot program, the qualified producer shall, during the crop year in which the loan was provided-- (1) comply with 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 that Act (16 U.S.C. 3821 et seq.); (2) agree to use a reduced tillage method and nutrient management practices (as determined by the Secretary to be appropriate for soil health management) for the acres associated with the commodity covered by the loan; and (3) in the case of a loan calculated under subsection (d)(2), agree to plant a cover crop on the acres associated with the eligible commodity, as determined by the Secretary to be appropriate. (h) Farm Service Agency Report.--The Administrator of the Farm Service Agency shall submit an annual report to the Secretary that includes the information with respect to the compliance requirements described in paragraphs (1) and (2) of subsection (g) with respect to each loan under the pilot program that was fully repaid in the preceding fiscal year. ______