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Title II — Agricultural programs

S. 388 · 113th Congress · Feb 26, 2013 · Lineage

II Agricultural programs

Sec. 201 Extension of agricultural programs

(a)
Commodity programs— Section 701(b) of the American Taxpayer Relief Act of 2012 (Public Law 112–240; 126 Stat. 2362) is amended—
(1)
by striking “(1) In general.—The terms” and inserting the following:

“(1) Covered and loan commodities

“(A) In general—Except as provided in subparagraph (B), the terms”

(2)
by adding at the end the following:

“(B) Payment acres—Notwithstanding any other provision of law, in the case of direct payments for the 2013 crop year, the payment acres in section 1001(11) and section 1301(5) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702(11), 8751(5)) shall be 0 percent of the base acres for the covered commodities and peanuts on a farm on which direct payments are made.”

(b)
Conservation programs—
(1)
Conservation stewardship program— Notwithstanding section 726 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 584) and section 101(a)(1) of the Continuing Appropriations Resolution, 2013 (Public Law 112–175; 126 Stat. 1313), the acreage enrollment requirement in section 1238G(d)(1) of the Food Security Act of 1985 (16 U.S.C. 3838g(d)(1)) shall apply for fiscal year 2013.
(2)
Voluntary public access— Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5) is amended—
(A)
in the heading, by striking “Fiscal years 2009 through 2012” and inserting “Mandatory funding”; and
(B)
by inserting “, and $5,000,000 for fiscal year 2013” before the period at the end.
(3)
Desert terminal lakes— Section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) is amended by adding at the end the following:

“(c) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section $35,000,000 for fiscal year 2013, to remain available until expended.”

(c)
Supplemental nutrition assistance program—
(1)
Employment and training program— Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended by striking “, except that for fiscal year 2013, the amount shall be $79,000,000”.
(2)
Nutrition education— Section 28(d)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(d)(1)) is amended—
(A)
in subparagraph (A), by adding “and” after the semicolon at the end; and
(B)
by striking subparagraphs (B) through (F) and inserting the following:

“(B) for fiscal year 2012 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.”

(d)
Research programs—
(1)
Organic agriculture research and extension initiative— Section 1672B(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(f)) is amended—
(A)
in paragraph (1)—
(i)
in the heading, by striking “for fiscal years 2009 through 2012”; and
(ii)
in subparagraph (B), by striking “2012” and inserting “2013”;
(B)
in paragraph (2)—
(i)
in the heading, by striking “for fiscal years 2009 through 2012”; and
(ii)
by striking “2012” and inserting “2013”; and
(C)
by striking paragraph (3).
(2)
Specialty crop research initiative— Section 412(h) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)) is amended—
(A)
in paragraph (1)—
(i)
in the heading, by striking “for fiscal years 2008 through 2012”; and
(ii)
by striking “2012” and inserting “2013”;
(B)
in paragraph (2)—
(i)
in the heading, by striking “for fiscal years 2008 through 2012”; and
(ii)
by striking “2012” and inserting “2013”;
(C)
by striking paragraph (3); and
(D)
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(3)
Beginning farmer and rancher development program— Section 7405(h) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f(h)) is amended—
(A)
in paragraph (1)—
(i)
in the heading, by striking “for fiscal years 2009 through 2012”; and
(ii)
in subparagraph (B), by striking “2012” and inserting “2013”;
(B)
in paragraph (2)—
(i)
in the heading, by striking “for fiscal years 2008 through 2012”; and
(ii)
by striking “2012” and inserting “2013”; and
(C)
by striking paragraph (3).
(e)
Energy programs—
(1)
Biobased markets program— Section 9002(h)(1)(B) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)(1)(B)) is amended by striking “2012” and inserting “2013”.
(2)
Biorefinery assistance— Section 9003(h)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h)(1)) is amended—
(A)
in subparagraph (A), by striking “and” at the end;
(B)
in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(C) $100,000,000 for fiscal year 2013.”

(3)
Bioenergy program for advanced biofuels— Section 9005(g)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)(1)) is amended—
(A)
in subparagraph (C), by striking “and” at the end;
(B)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(E) $55,000,000 for fiscal year 2013.”

(4)
Biodiesel fuel education program— Section 9006(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)(1)) is amended—
(A)
in the heading, by striking “Fiscal years 2009 through 2012.—” and inserting “Mandatory funding.—”; and
(B)
by striking “2012” and inserting “2013.”
(5)
Rural Energy for America Program— Section 9007(g)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)(1)) is amended—
(A)
in subparagraph (C), by striking “and” at the end;
(B)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(E) $51,000,000 for fiscal year 2013.”

(6)
Biomass research and development— Section 9008(h)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(h)(1)) is amended—
(A)
in subparagraph (C), by striking “and” at the end;
(B)
in subparagraph (D), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(E) $33,600,000 for fiscal year 2013.”

(7)
Biomass crop assistance program— Section 9011(f)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(f)) is amended—
(A)
in the heading, by striking “Fiscal years 2008 through 2012” and inserting “Mandatory funding”; and
(B)
by inserting “, and not more than $38,600,000 for fiscal year 2013” after “2012”.
(f)
Horticulture and organic agriculture programs—
(1)
Farmers market promotion program— Section 6(e)(1) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(e)(1)) is amended—
(A)
in the heading, by striking “Fiscal years 2008 through 2012.—” and inserting “Mandatory funding.—”; and
(B)
subparagraph (C), by striking “and 2012” and inserting “through 2013”.
(2)
National Clean Plant Network— Section 10202(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7761(e)(1)) is amended—
(A)
in the heading, by striking “Fiscal years 2009 through 2012.—” and inserting “Mandatory funding.—”; and
(B)
by striking “2012” and inserting “2013”.
(3)
National organic certification cost-share program— Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by—
(A)
in the heading, by striking “for fiscal years 2008 through 2012”; and
(B)
by inserting “, and $5,000,000 for fiscal year 2013” after “2012”.
(4)
Organic production and market data initiatives— Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended by striking paragraph (1) and inserting the following:

“(1) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to remain available until expended—

“(A) $5,000,000 for each fiscal year through fiscal year 2012; and

“(B) $1,000,000 for fiscal year 2013.”

(g)
Outreach and assistance for socially disadvantaged farmers and ranchers— Section 2501(a)(4)(A) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)(A)) is amended—
(1)
in the heading, by striking “Fiscal years 2009 through 2012.—” and inserting “Mandatory funding.—”;
(2)
in clause (i), by striking “and” at the end;
(3)
in clause (ii), by striking the period at the end and inserting “; and”; and
(4)
by adding at the end the following:

“(iii) $15,000,000 for fiscal year 2013.”

(h)
Rural development—
(1)
Rural microentrepreneur assistance program— Section 379E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)) is amended—
(A)
in paragraph (1)(B), by striking “fiscal year 2012” and inserting “for each of fiscal years 2012 and 2013”; and
(B)
in paragraph (2), by striking “2012” and inserting “2013”.
(2)
Value-added agricultural product market development grants— Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended—
(A)
by striking subparagraph (A) and inserting the following:

“(A) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection, to remain available until expended—

“(i) on October 1, 2008, $15,000,000; and

“(ii) on October 1, 2012, $3,000,000.”

(B)
in subparagraph (B), by striking “2012” and inserting “2013”.

Sec. 202 Supplemental agricultural disaster assistance programs

(a)
In general— Section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)(A), by striking “The Secretary shall use such sums as are necessary from the Trust Fund” and inserting “Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary for fiscal year 2012”;
(B)
in paragraph (2)(A), in the matter preceding clause (i), by striking “60 percent” and inserting “52 percent”; and
(C)
in paragraph (4)(A)(ii), by striking “15 percent” and inserting “100 percent”;
(2)
in subsection (c), by adding at the end the following:

“(4) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to carry out this subsection for each of fiscal years 2012 and 2013.”

(3)
in subsection (d), by adding at the end the following:

“(8) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to carry out this subsection for each of fiscal years 2012 and 2013.”

(4)
in subsection (e), by adding at the end the following:

“(4) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use up to $5,000,000 to carry out this subsection for each of fiscal years 2012 and 2013.”

(5)
in subsection (f), by adding at the end the following:

“(6) Mandatory funding—Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to carry out this subsection for each of fiscal years 2012 and 2013.”

(6)
in subsection (i), by striking “September 30, 2011” and inserting “September 30, 2012”.
(b)
Effective date— The amendments made by subsection (a) take effect on October 1, 2011.

Sec. 203 Noninsured crop assistance program

(a)
In general— Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (1) and inserting the following:

“(1) In general

“(A) Coverages—In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to—

“(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or

“(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent.

“(B) Administration—The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the “Agency”).”

(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in clause (i), by striking “and” after the semicolon at the end;
(II)
by redesignating clause (ii) as clause (iii); and
(III)
by inserting after clause (i) the following:

“(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and”

(ii)
in subparagraph (B)—
(I)
by inserting “(except ferns)” after “floricultural”;
(II)
by inserting “(except ferns)” after “ornamental nursery”; and
(III)
by striking “(including ornamental fish)” and inserting “(including ornamental fish, but excluding tropical fish)”;
(2)
in subsection (d), by striking “The Secretary” and inserting “Subject to subsection (l), the Secretary”;
(3)
in subsection (k)(1)—
(A)
in subparagraph (A), by striking “$250” and inserting “$260”; and
(B)
in subparagraph (B)—
(i)
by striking “$750” and inserting “$780”; and
(ii)
by striking “$1,875” and inserting “$1,950”; and
(4)
by adding at the end the following:

“(l) Payment equivalent to additional coverage

“(1) In general—The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent, computed by multiplying—

“(A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent;

“(B) 100 percent of the average market price for the crop, as determined by the Secretary; and

“(C) a payment rate for the type of crop, as determined by the Secretary, that reflects—

“(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable—

“(I) harvested;

“(II) planted but not harvested; or

“(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or

“(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary.

“(2) Premium—To be eligible to receive a payment under this subsection, a producer shall pay—

“(A) the service fee required by subsection (k); and

“(B) a premium for the applicable crop year that is equal to—

“(i) the product obtained by multiplying—

“(I) the number of acres devoted to the eligible crop;

“(II) the yield, as determined by the Secretary under subsection (e);

“(III) the coverage level elected by the producer;

“(IV) the average market price, as determined by the Secretary; and

“(ii) 5.25-percent premium fee.

“(3) Limited resource, beginning, and socially disadvantaged farmers—The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2).

“(4) Additional availability

“(A) In general—As soon as practicable, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses—

“(i) to a 2012 annual fruit crop grown on a bush or tree; and

“(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.

“(B) Assistance—The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2).”

(b)
Termination date—
(1)
In general— Effective October 1, 2017, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed
(2)
Administration— Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall be applied and administered as if subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) had not been enacted.

Sec. 204 Exemption of agriculture, nutrition, and forestry from BCA sequestration

Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)), as redesignated by section 101 of this Act, is amended—
(1)
by striking “On the date” and inserting the following:

“(A) In general—On the date”

(2)
in subparagraph (A), as so designated, in the second sentence, by inserting “subparagraph (B) of this paragraph and” after “the exemptions specified in”; and
(3)
by adding at the end the following:

“(B) Exemption of agriculture, nutrition, and forestry—The following shall be exempt from reduction under any order issued pursuant to this paragraph:

“(i) All programs, projects, and activities of the Commodity Credit Corporation.

“(ii) All programs, projects, and activities of the Federal Crop Insurance Corporation.

“(iii) All programs, projects, and activities carried out under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c).

“(iv) All other direct spending accounts of the Department of Agriculture.”

Sec. 205 Effective date

Except as otherwise provided in this title, this title and the amendments made by this title take effect on the date of enactment of, and as if included in, the American Taxpayer Relief Act of 2012 (Public Law 112–240; 126 Stat. 2313).