S. 281Senate113th Congress (2013-2015)In Committee

Farm Program Integrity Act of 2013

Introduced February 12, 2013

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

February 12, 2013

View full timeline
SenateIntro Referral

Introduced in Senate

February 12, 2013

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S658-659)

February 12, 2013

SenateIntro Referral

Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

February 12, 2013

Floor Debate

16 members

What members said about S. 281 on the floor

6 Republicans10 Democrats
Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Feb 12, 2013

Mr. President, what is the regular order? Mr. President, before I go on to that, I would note that many have come to this floor to talk about the deficit and things of that nature. I ask anybody who…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 12, 2013

Mr. President, I rise today to talk about the farm bill and then specifically about reforming payment limits for farm programs. As one looks back to the fall of 2011 and the failure of what was…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 12, 2013

Mr. President, I rise today to talk about the farm bill and then specifically about reforming payment limits for farm programs. As one looks back to the fall of 2011 and the failure of what was…

Mitch McConnell
Sen. Mitch McConnellR-KY · Feb 12, 2013

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, tonight we will welcome the President to the Capitol to deliver his State of the Union Address.…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Feb 12, 2013

Mr. President, I come to the floor today to discuss the importance of small businesses in the United States. It cannot be stated enough that small businesses are the economic engines of our country.…

Show 8 more
Tim Johnson
Sen. Tim JohnsonD-SD · Feb 12, 2013

Mr. President, I rise today to join with my friend and colleague from Iowa, Chuck Grassley, in introducing the Farm Program Integrity Act of 2013, which would establish commonsense, meaningful farm…

Tim Johnson
Sen. Tim JohnsonD-SD · Feb 12, 2013

Mr. President, I rise today to join with my friend and colleague from Iowa, Chuck Grassley, in introducing the Farm Program Integrity Act of 2013, which would establish commonsense, meaningful farm…

Jack Reed
Sen. Jack ReedD-RI · Feb 12, 2013

Mr. President, today I am reintroducing the Strengthening Enforcement of Civil Penalties Act or the SEC Penalties Act with my colleague, Senator Grassley. I am pleased that Senator Leahy has joined…

John Cornyn
Sen. John CornynR-TX · Feb 12, 2013

Mr. President, as President Obama gets ready to deliver his State of the Union Address tonight, I would like to remind the American people of what he said 4 years ago during his first speech to a…

Marco Rubio
Sen. Marco RubioR-FL · Feb 12, 2013

Mr. President, I wish to echo my support for this amendment which is, basically, the Trafficking Victims Protection Act. Human trafficking is an issue which is shocking to people in its prevalence,…

Rob Portman
Sen. Rob PortmanR-OH · Feb 12, 2013

Mr. President, I call up amendment No. 10. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, this is a commonsense amendment. We just voted on…

Tom Coburn
Sen. Tom CoburnR-OK · Feb 12, 2013

Madam President, this is an amendment that follows GAO recommendations with which the Justice Department agreed in terms of an audit on the duplication within their program. As a matter of fact, I…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Feb 12, 2013

Madam President, I want to again thank the chairman of the Judiciary Committee, Patrick Leahy, for his leadership on this bill and on the issue of human trafficking. He has led this Chamber. I want…

Show 6 more
Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 12, 2013

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask permission to speak as in morning business for 8 minutes. I thank the Chair. (The remarks…

Harry Reid
Sen. Harry ReidD-NV · Feb 12, 2013

Mr. President, I suggest the absence of a quorum, and I ask unanimous consent that the time be equally divided between both sides.

Jeff Merkley
Sen. Jeff MerkleyD-OR · Feb 12, 2013

I move to lay that on the table. The motion to lay on the table was agreed to. Amendment No. 11

Joe Manchin III
Sen. Joe Manchin IIID-WV · Feb 12, 2013

I move to lay that motion on the table. The motion to lay upon the table was agreed to.

Carl Levin
Sen. Carl LevinD-MI · Feb 12, 2013

I move to lay that motion on the table. The motion to lay on the table was agreed to.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 12, 2013

I announce that the Senator from New York (Mrs. Gillibrand) is necessarily absent.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued February 12, 2013

II

113th CONGRESS

1st Session

S. 281

IN THE SENATE OF THE UNITED STATES

February 12, 2013

Mr. Grassley (for himself, Mr. Johnson of South Dakota, Mr. Enzi, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits.

1.

Short title

This Act may be cited as the Farm Program Integrity Act of 2013.

2.

Payment limitations

(a)

In general

Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—

(1)

in subsection (a), by striking paragraph (3) and inserting the following:

(3)

Legal entity

(A)

In general

The term legal entity means—

(i)

an organization that (subject to the requirements of this section and section 1001A) is eligible to receive a payment under a provision of law referred to in subsection (b), (c), or (d);

(ii)

a corporation, joint stock company, association, limited partnership, limited liability company, limited liability partnership, charitable organization, estate, irrevocable trust, grantor of a revocable trust, or other similar entity (as determined by the Secretary); and

(iii)

an organization that is participating in a farming operation as a partner in a general partnership or as a participant in a joint venture.

(B)

Exclusion

The term legal entity does not include a general partnership or joint venture.

;

(2)

by striking subsections (b) through (d) and inserting the following:

(b)

Limitation on payments for covered commodities and peanuts

The total amount of payments received, directly or indirectly, by a person or legal entity for any crop year for 1 or more covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or a successor provision) may not exceed $125,000, of which—

(1)

not more than $75,000 may consist of marketing loan gains and loan deficiency payments under subtitle B or C of title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8731 et seq.) (or a successor provision); and

(2)

not more than $50,000 may consist of any other payments made for covered commodities and peanuts under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) (or a successor provision).

(c)

Spousal equity

(1)

In general

Notwithstanding subsection (b), except as provided in paragraph (2), if a person and the spouse of the person are covered by paragraph (2) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the person and spouse may jointly receive during any crop year may not exceed an amount equal to twice the applicable dollar amounts specified in subsection (b).

(2)

Exceptions

(A)

Separate farming operations

In the case of a married couple in which each spouse, before the marriage, was separately engaged in an unrelated farming operation, each spouse shall be treated as a separate person with respect to a farming operation brought into the marriage by a spouse, subject to the condition that the farming operation shall remain a separate farming operation, as determined by the Secretary.

(B)

Election to receive separate payments

A married couple may elect to receive payments separately in the name of each spouse if the total amount of payments and benefits described in subsection (b) that the married couple receives, directly or indirectly, does not exceed an amount equal to twice the applicable dollar amounts specified in those subsections.

;

(3)

in paragraph (3)(B) of subsection (f), by adding at the end the following:

(iii)

Irrevocable trusts

In promulgating regulations to define the term legal entity as the term applies to irrevocable trusts, the Secretary shall ensure that irrevocable trusts are legitimate entities that have not been created for the purpose of avoiding a payment limitation.

; and

(4)

in subsection (h), in the second sentence, by striking or other entity and inserting or legal entity.

(b)

Conforming amendments

(1)

Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended—

(A)

in subsection (e), by striking subsections (b) and (c) each place it appears in paragraphs (1) and (3)(B) and inserting subsection (b);

(B)

in subsection (f)—

(i)

in paragraph (2), by striking Subsections (b) and (c) and inserting Subsection (b);

(ii)

in paragraph (4)(B), by striking subsection (b) or (c) and inserting subsection (b);

(iii)

in paragraph (5)—

(I)

in subparagraph (A), by striking subsection (d); and

(II)

in subparagraph (B), by striking subsection (b), (c), or (d) and inserting subsection (b); and

(iv)

in paragraph (6)—

(I)

in subparagraph (A), by striking Notwithstanding subsection (d), except as provided in subsection (g) and inserting Except as provided in subsection (f); and

(II)

in subparagraph (B), by striking subsections (b), (c), and (d) and inserting subsection (b);

(C)

in subsection (g)—

(i)

in paragraph (1)—

(I)

by striking subsection (f)(6)(A) and inserting subsection (e)(6)(A); and

(II)

by striking subsection (b) or (c) and inserting subsection (b); and

(ii)

in paragraph (2)(A), by striking subsections (b) and (c) and inserting subsection (b); and

(D)

by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.

(2)

Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308–1) is amended—

(A)

in subsection (a), by striking subsections (b) and (c) of section 1001 and inserting section 1001(b); and

(B)

in subsection (b)(1), by striking subsection (b) or (c) of section 1001 and inserting section 1001(b).

(3)

Section 1001B(a) of the Food Security Act of 1985 (7 U.S.C. 1308–2(a)) is amended in the matter preceding paragraph (1) by striking subsections (b) and (c) of section 1001 and inserting section 1001(b).

(c)

Application

The amendments made by this section shall apply beginning with the 2014 crop year.

3.

Payments limited to active farmers

Section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308–1) is amended—

(1)

in subsection (b)(2)—

(A)

by striking or active personal management each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and

(B)

in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management and inserting are met by partners or members making a significant contribution of personal labor, those partners or members; and

(2)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking subparagraph (A) and inserting the following:

(A)

the landowner share-rents the land at a rate that is usual and customary;

;

(ii)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following:

(C)

the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent.

;

(B)

in paragraph (2)(A), by striking active personal management or;

(C)

in paragraph (5)—

(i)

by striking (5) and all that follows through (A) In general.—A person and inserting the following:

(5)

Custom farming services

A person

;

(ii)

by inserting under usual and customary terms after services; and

(iii)

by striking subparagraph (B); and

(D)

by adding at the end the following:

(7)

Farm managers

A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person—

(A)

makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account—

(i)

the size and complexity of the farming operation; and

(ii)

the management requirements normally and customarily required by similar farming operations;

(B)
(i)

is the only person in the farming operation qualifying as actively engaged in farming by using the farm manager special class designation under this paragraph; and

(ii)

together with any other persons in the farming operation qualifying as actively engaged in farming under subsection (b)(2) or as part of a special class under this subsection, does not collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b);

(C)

does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and

(D)

manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b).

.