The Senate Agriculture Committee’s
2012 Farm Bill (S. 3240): A Side-by-Side
Comparison with Current Law
Ralph M. Chite, Coordinator
Section Research Manager
May 30, 2012
Congressional Research Service
7-5700
www.crs.gov
R42552
CRS Report for Congress
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Summary
Congress periodically establishes agricultural and food policy in an omnibus farm bill. The 112th
Congress faces reauthorization of the current five-year farm bill (the Food, Conservation, and
Energy Act of 2008, P.L. 110-246) because many of its provisions expire in 2012. The 2008 farm
bill contained 15 titles covering farm commodity support, horticulture, livestock, conservation,
nutrition assistance, international trade and food aid, agricultural research, farm credit, rural
development, bioenergy, and forestry, among others.
The Senate Agriculture Committee approved its version of the 2012 omnibus farm bill on April
26, 2012 (Agriculture Reform, Food, and Jobs Act of 2012), and officially filed the measure, S.
3240, on May 24, 2012. Within its 12 titles, the five-year Senate bill would reshape the structure
of farm commodity support, expand crop insurance coverage, consolidate conservation programs,
revise the Supplemental Nutrition Assistance Program (formerly food stamps), and extend
authority to appropriate funds for many U.S. Department of Agriculture (USDA) discretionary
programs through FY2017. Senate floor action on the measure is expected in June, as is House
Agriculture Committee consideration of its version of a 2012 farm bill.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law


Contents
Introduction...................................................................................................................................... 1
Title I, Commodity Programs .................................................................................................... 1
Title II, Conservation................................................................................................................. 2
Title III, Trade............................................................................................................................ 3
Title IV, Nutrition ...................................................................................................................... 3
Title V, Credit ............................................................................................................................ 4
Title VI, Rural Development ..................................................................................................... 4
Title VII, Research, Extension, and Related Matters................................................................. 5
Title VIII, Forestry..................................................................................................................... 5
Title IX, Energy......................................................................................................................... 6
Title X, Horticulture .................................................................................................................. 6
Title XI, Crop Insurance............................................................................................................ 7
Title XII, Miscellaneous ............................................................................................................ 7
Provisions of the Senate Agriculture Committee’s 2012 Farm Bill (S. 3240) Compared
with Current Law.......................................................................................................................... 9

Tables
Title I. Commodity Programs .......................................................................................................... 9
Title II. Conservation..................................................................................................................... 23
Title III. Trade................................................................................................................................ 32
Title IV. Nutrition........................................................................................................................... 37
Title V. Credit................................................................................................................................. 42
Title VI. Rural Development ......................................................................................................... 45
Title VII. Research, Extension, and Related Matters..................................................................... 51
Title VIII. Forestry......................................................................................................................... 57
Title IX. Energy ............................................................................................................................. 60
Title X. Horticulture....................................................................................................................... 64
Title XI. Crop Insurance ................................................................................................................ 67
Title XII. Miscellaneous ................................................................................................................ 71

Contacts
Author Contact Information........................................................................................................... 75
Acknowledgments ......................................................................................................................... 75

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Introduction
The 112th Congress is in the midst of considering an omnibus farm bill that will establish the
direction of agricultural policy for the next several years. Many provisions of the current farm bill
(the Food, Conservation, and Energy Act of 2008, P.L. 110-246) expire this year. The Senate
Agriculture Committee approved its version of the 2012 omnibus farm bill on April 26, 2012
(Agriculture Reform, Food and Jobs Act of 2012), and officially filed the measure, S. 3240, on
May 24, 2012. Within its 12 titles, the five-year Senate bill would reshape the structure of farm
commodity support, expand crop insurance coverage, consolidate conservation programs, revise
the Supplemental Nutrition Assistance Program (formerly food stamps), and extend authority to
appropriate funds for many U.S. Department of Agriculture (USDA) discretionary programs
through FY2017. Senate floor action on the measure is expected in June, as is House Agriculture
Committee consideration of its version of a 2012 farm bill.
According to estimates from the Congressional Budget Office (CBO), S. 3240 cuts $23.6 billion
over 10 years (FY2013-FY2022) from the March 2012 CBO baseline, largely from the
commodity programs—through the proposed elimination of direct, counter-cyclical, and ACRE
payments—but also from conservation and nutrition.1 Crop insurance, horticulture, energy, and
research receive increases in mandatory funding.
Below is a brief summary of each of the 12 titles in S. 3240, as filed by the committee on May 24,
2012. This summary is followed by a comprehensive title-by-title, side-by-side comparison of
each of the Senate provisions with current law.
Title I, Commodity Programs2
The Senate Agriculture Committee-approved 2012 farm bill (S. 3240) restructures farm support
for traditional program crops by eliminating direct payments, counter-cyclical price payments,
and the “ACRE” revenue program. Some of the 10-year, $50 billion in savings (as estimated by
the Congressional Budget Office) within Title I would be used to offset the cost of a new revenue
program and to enhance crop insurance in Title XI. Direct payments account for most of current
spending and are made to producers and landowners based on historical production of corn,
wheat, soybeans, cotton, rice, peanuts, and other “covered” crops.
S. 3240 replaces these programs with a new Agriculture Risk Coverage (ARC) program for
covered crops, except cotton, which would have its own program (see “Title XI, Crop
Insurance”). In the Senate bill, ARC makes payments to producers for each planted crop when
actual farm or countywide crop revenue is below 89% of historical revenue (i.e., the producer
absorbs the first 11% of the shortfall). The government then pays for the next 10% of the loss.
Any remaining losses are backstopped by crop insurance if purchased by the producer. Authority
is continued for marketing assistance loans, which provide price protection at “loan rates”
specified in current law (with an adjustment made to the cotton loan rate). The sugar program is
left unchanged in the committee bill.

1 For the CBO scoring of the Senate Agriculture Committee bill (S. 3240, as filed by the committee on May 24, 2012),
see http://www.cbo.gov/sites/default/files/cbofiles/attachments/s3240.pdf
2 This section was written by Dennis A. Shields (farm commodity support), Randy Schnepf (dairy), Remy Jurenas
(sugar), and Jim Monke (payment limits), all Specialists in Agricultural Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Five disaster programs were established in the 2008 farm bill for weather-induced losses in
FY2008-FY2011. S. 3240 reauthorizes four programs covering livestock and tree assistance.
Elements of the crop disaster program (Supplemental Revenue Assistance, or SURE) are folded
into the new ARC by allowing producers to protect against farm-level revenue losses.
Current farm commodity programs have certain limits that cap payments and set eligibility based
on gross income. In S. 3240, the limits are adjusted downward. The bill changes the threshold to
be considered actively engaged and to qualify for payments, by limiting the number of farm
managers and effectively requiring personal labor in the farming operation.
The Senate bill also contains major changes in dairy policy, including elimination of the dairy
product price support program, the Milk Income Loss Contract (MILC) program, and export
subsidies. These are replaced by a new program, which makes payments to participating dairy
producers when the national margin (average farm price of milk minus average feed costs) falls
below $4.00 per hundredweight (cwt.), with coverage at higher margins available for purchase.
Participating producers are also subject to a separate program, which reduces incentives to
produce milk when margins are low. Federal Milk Marketing Orders continue intact.
Title II, Conservation3
The current agricultural conservation portfolio includes over 20 conservation programs. The
Conservation title of S. 3240 reduces and consolidates the number of conservation programs
while also reducing mandatory funding by $6.4 billion over the 10-year baseline.
Many of the larger existing conservation programs, such as the Conservation Reserve Program
(CRP), the Environmental Quality Incentives Program (EQIP), and the Conservation Stewardship
Program (CSP), are reauthorized by S. 3240 with smaller, similar conservation programs “rolled”
into them. In response to reduced demand and as a budget saving measure, the largest
conservation program, CRP, is reauthorized with a reduced acreage enrollment cap using a step-
down approach from the current 32 million acres to 25 million by FY2017. CRP is also amended
to include the enrollment of 1.5 million grassland acres (similar to the Grasslands Reserve
Program, GRP, which is repealed). EQIP, a program that assists producers with conservation
measures on land in production, is reauthorized by S. 3240 with a reduced funding level and a 5%
funding carve-out for wildlife habitat practices (similar to the Wildlife Habitat Incentives
Program, WHIP, which is repealed). CSP, another working land program, is reauthorized at a
reduced enrollment level.
S. 3240 creates two new conservation programs––the Agricultural Conservation Easement
Program (ACEP) and the Regional Conservation Partnership Program (RCPP)––out of several of
the remaining programs. Conservation easement programs, including the Wetlands Reserve
Program (WRP), Farmland Protection Program (FPP), and GRP, are repealed and consolidated to
create ACEP. ACEP retains most of the program provisions in the current easement programs by
establishing two types of easements: wetlands easements (similar to WRP) that protect and
restore wetlands, and agricultural land easements (similar to FPP and GRP) that prevent non-
agricultural uses on productive farm or grassland. The Agricultural Water Enhancement Program
(AWEP), Chesapeake Bay Watershed program, Cooperative Conservation Partnership Initiative

3 This section was written by Megan Stubbs, Specialist in Agricultural Conservation and Natural Resources Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

(CCPI), and Great Lakes basin program are repealed by S. 3240 and consolidated into the new
RCPP. RCPP uses partnership agreements to leverage federal funding and further conservation on
a regional or watershed scale.
Title III, Trade4
S. 3240 amends and reauthorizes through FY2017 statutes dealing with U.S. international food
aid and agricultural export promotion programs. The Senate bill reauthorizes all of the
international food aid programs, including the largest, emergency and nonemergency food aid
provided under the Food for Peace Act. The bill contains amendments to current food aid law that
place greater emphasis on improving the quality of food aid products (i.e., enhancing their
nutritional quality). A new requirement in S. 3240 for food aid to be monetized (i.e., sold in
recipient country markets to finance projects) requires implementing partners such as U.S. private
voluntary organizations or cooperatives to recover 70% of the U.S. procurement and shipping
costs. The bill repeals the specified levels of funds for nonemergency food aid required in current
law, but provides increased cash resources to the nongovernmental and international
organizations that implement food aid programs.
S. 3240 reauthorizes funding for the Commodity Credit Corporation (CCC) Export Credit
Guarantee program and various agricultural export market promotion programs. The bill reduces
the value of U.S. agricultural exports that can benefit from export credit guarantees from $5.5
billion to $4.5 billion annually. Funding of $200 million annually is reauthorized for the Market
Access Program, which finances promotional activities for U.S. agricultural products, which had
been targeted in a number of deficit reduction proposals for elimination. The Farmer Market
Development Program (FMDP) continues in S. 3240 at $34.5 billion annually through FY2017.
Title IV, Nutrition5
Title IV of S. 3240 largely maintains the nutrition program policies and discretionary and
mandatory funding that are contained in the Food and Nutrition Act of 2008 and other nutrition
program authorizing statutes.
Provisions in the Senate bill for the Supplemental Nutrition Assistance Program (SNAP, formerly
food stamps) include changes to the requirements for retailers who apply for authorization to
accept SNAP and changes to some of the rules that govern participants’ and retailers’ redemption
of SNAP benefits. The bill also provides additional mandatory funding for reducing SNAP
trafficking, the sale of SNAP benefits for cash or ineligible goods. In terms of eligibility for
SNAP and the calculation of monthly benefit amounts, S. 3240 changes how a household’s
receipt of Low-Income Home Energy Assistance Program (LIHEAP) benefits affects the
household’s SNAP benefit calculation. It also creates additional disqualification policies for
college students and gambling and lottery winners.
S. 3240 doubles funding for Community Food Projects grants and increases mandatory funding
for the Emergency Food Assistance Program (TEFAP) by $150 million over 10 years. It also
limits eligibility for the Commodity Supplemental Food Program (CSFP) to low-income elderly

4 This section was written by Charles E. Hanrahan, Senior Specialist in Agricultural Policy.
5 This section was written by Randy Alison Aussenberg, Analyst in Nutrition Assistance Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

participants, phasing out eligibility for low-income pregnant and post-partum women, infants, and
children. Discretionary authority is added for a Healthy Food Financing Initiative, a financing
mechanism to sustain and create food retail opportunities in communities that lack access to
healthy food. The bill also provides $100 million in mandatory funding for Hunger-Free
Communities Incentive Grants, which funds programs that provide incentives for SNAP
participants’ purchase of fruits and vegetables.
Title V, Credit6
Titles V of S. 3240 restructures the Consolidated Farm and Rural Development Act (also known
as the ConAct, the statute that permanently authorizes USDA agricultural credit and rural
development programs). USDA serves as a lender of last resort by providing direct and
guaranteed loans to farmers and ranchers who are denied direct credit by commercial lenders but
have the wherewithal to repay the loan under certain terms. The Senate bill updates and
modernizes the statutory language and more clearly organizes the various programs into separate
subtitles (new Subtitle A is farm loans; Subtitle B is rural development [see below]; Subtitle C is
general provisions). Generally, most provisions are substantially the same, but are renumbered
and reorganized.
Changes in the Credit title of S. 3240 include giving USDA discretion to recognize (1) alternative
legal entities to qualify for farm loans, and (2) alternatives to meet a three-year farming
experience requirement. It increases the maximum size of down-payment loans. It also extends
the number of years that farmers can remain eligible for direct farm operating loans, and
eliminates term limits on guaranteed operating loans.
Title VI, Rural Development7
Like Title V, discussed above, Title VI of S. 3240 is a restructuring of the ConAct, which provides
permanent authority for USDA to carry out its portfolio of rural development programs. The
Senate bill consolidates various rural water and wastewater assistance programs and the
Community Facilities loan and grant program into a new Rural Community Program category,
and establishes criteria for which rural communities will receive priority in making loan and grant
awards. It eliminates the existing statutory definition of “rural” and “rural areas” for these
programs. It also eliminates several business programs, but consolidates many of their objectives
into a broad program of Business and Cooperative Development grants.
S. 3240 retains the definition of “rural” and “rural area” for purposes of program eligibility and
makes it the basis for all rural development programs. As a result, some areas that previously had
been eligible for water and wastewater assistance and Community Facilities loans and grants may
no longer be eligible, because the specific statutory definitions of “rural” and “rural area” for
those programs have been eliminated. The definition of “rural area” for electric and telephone
programs also has been eliminated, and becomes the same as for other rural programs. The bill
also retains the 2008 farm bill provision permitting communities that might otherwise be
ineligible for USDA Rural Development funding to petition USDA to designate their
communities as “rural in character,” thereby making them eligible for program support.

6 This section was written by Jim Monke, Specialist in Agricultural Policy.
7 This section was written by Tadlock Cowan, Analyst in Natural Resources and Rural Development.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Also included in Title VI is the reauthorization of funding for programs under the Rural
Electrification Act of 1936, including the Access to Broadband Telecommunications Services in
Rural Areas Program and the Distance Learning and Telemedicine Program. The reauthorization
also establishes a new grant program for the Access to Broadband Telecommunications Services
in Rural Areas Program in addition to its current loan guarantee program. The Delta Regional
Authority and the Northern Great Plains Regional Authority are also reauthorized, and various
technical changes are made to the organizational structure and operation of the two authorities.
Title VII, Research, Extension, and Related Matters8
USDA is authorized under various laws to conduct agricultural research at the federal level, and
provides support for cooperative research, extension, and post-secondary agricultural education
programs in the states. S. 3240 reauthorizes funding for these activities for FY2013-FY2017,
subject to annual appropriations.
New in the bill is mandatory funding of $100 million to establish the Foundation for Food and
Agriculture Research, a nonprofit corporation designed to supplement USDA’s basic and applied
research activities. It will solicit and accept private donations to award grants for collaborative
public/private partnerships with scientists at USDA and in academia, nonprofits, and the private
sector.
Mandatory funding is continued for the Specialty Crop Research Initiative ($416 million over
10 years) and the Organic Agricultural Research and Extension Initiative ($80 million over
10 years). S. 3240 also provides one-time mandatory funding of $50 million for the Beginning
Farmer and Rancher Development Program.
Title VIII, Forestry9
General forestry legislation is within the jurisdiction of the Agriculture Committees, and past
farm bills have included provisions addressing forestry assistance, especially on private lands. S.
3240 generally repeals, reauthorizes, and modifies existing programs and provisions under two
main authorities: the Cooperative Forestry Assistance Act (CFAA), as amended, and the Healthy
Forests Restoration Act of 2003 (HFRA), as amended.
Most federal forestry programs are permanently authorized, and thus do not require
reauthorization in the farm bill. The Senate bill, however, amends several forestry assistance
programs by limiting permanent authority to receive annual appropriations of such sums as
necessary and instead authorizing a set level of appropriations through FY2017. It also repeals
programs that have expired or have never received appropriations. Other provisions include
reauthorizing stewardship contracting, requiring revised strategic plans for forest inventory and
analysis, and adding designated treatment areas for addressing insect infestations and disease.

8 This section was written by Dennis A. Shields, Specialist in Agricultural Policy.
9 This section was written by Megan Stubbs, Analyst in Agricultural Conservation and Natural Resources Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title IX, Energy10
An Energy title first appeared in the 2002 farm bill, and was both extended and expanded by the
2008 farm bill. USDA renewable energy programs have been used to incentivize research,
development, and adoption of renewable energy projects, including solar, wind, and anaerobic
digesters. The primary focus of USDA renewable energy programs has been to promote U.S.
biofuels production and use. Cornstarch-based ethanol dominates the U.S. biofuels industry.
However, the 2008 farm bill attempted to refocus U.S. biofuels policy initiatives in favor of non-
corn feedstocks; the most critical program to this end is the Biomass Crop Assistance Program
(BCAP), which assists farmers in developing nontraditional crops for use as feedstocks for the
eventual production of cellulosic ethanol. All of the major Title IX energy programs expire at the
end of FY2012 and lack baseline funding going forward.
S. 3240 extends most of the renewable energy provisions of Title IX, with the exception of the
Repowering Assistance Program, the Forest Biomass for Energy Program, and the Renewable
Fertilizer Study, which are repealed. The bill contains $800 million in new mandatory funding for
the FY2013-FY2017 period, including $241 million for the Renewable Energy for America
Program (REAP), $216 million for the Biorefinery Assistance Program, $193 million for Biomass
Crop Assistance Program (BCAP), and $130 million for the Biomass Research and Development
Initiative (BRDI). In addition, $1.125 billion in appropriations is authorized for the various Title
IX programs over the five years.
Title X, Horticulture11
Title X of S. 3240 reauthorizes many of the existing farm bill provisions supporting farming
operations in the specialty crop and certified organic sectors, and expands some of these
programs to also support farming operations engaged in local food systems. CBO estimates a
total increase in mandatory spending of $212 million (FY2013-FY2017) for Title X. Many of the
Title X provisions fall into the categories of marketing and promotion (such as the Specialty Crop
Block Grant Program); organic certification; data and information collection; pest and disease
control; food safety and quality standards; and local foods (such as changes to the Farmers’
Market Promotion Program).
Provisions benefitting these sectors are not limited to Title X, but are contained within several
other titles of S. 3240. These provisions would result in further increases in mandatory spending
and also authorized appropriations benefitting specialty crop and organic agriculture producers—
particularly for programs in the Research and Nutrition titles. Individual programs include the
Specialty Crop Research Initiative; the Organic Agriculture Research and Extension Initiative;
Integrated Research, Education, and Extension Competitive grants; Section 32 purchases for
fruits and vegetables; and new incentives grants. Programs in other farm bill titles include the
Value-Added Producer Grant Program, Technical Assistance for Specialty Crops, and the Market
Access Program; cost-share and other assistance for organic producers; and provisions in many
conservation programs. Other programs are captured within the Crop Insurance, Credit, and
Miscellaneous titles.

10 This section was written by Randy Schnepf, Specialist in Agricultural Policy.
11 This section was written by Renée Johnson, Specialist in Agricultural Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Also in various other titles, S. 3240 authorizes new provisions supporting local food systems,
including for beginning farmers. These include assistance and outreach for beginning and socially
disadvantaged farmers and ranchers; the Healthy Food Financing Initiative; and mobile
technologies. The bill also proposes expansion of the Farmers’ Market Promotion Program and
reauthorizes funding for the Seniors Farmers’ Market Nutrition Program and Business and
Industry (B&I) Loans. These changes would result in an overall increase in authorized annual
appropriations for programs supporting local food producers and beginning farmers.
Title XI, Crop Insurance12
S. 3240 makes several changes to the existing federal crop insurance program, which is
permanently authorized by the Federal Crop Insurance Act. The federal crop insurance program
makes available subsidized crop insurance to producers who purchase a policy to protect against
individual farm losses in yield, crop revenue, or whole farm revenue.
With cotton not covered by the ARC program established in Title I, a new crop insurance policy
called Stacked Income Protection Plan (STAX) is made available by S. 3240 for cotton producers.
Producers could purchase this policy alone or in addition to their individual crop insurance policy,
and the indemnity from STAX would pay all or part of the deductible under the individual policy.
STAX sets a revenue guarantee based on expected county revenue. For other crops, a similar type
of policy called Supplemental Coverage Option (SCO), based on expected county yields or
revenue, is made available by the Senate bill as an additional policy. The farmer subsidy as a
share of the policy premium is set at 80% for STAX and 70% for SCO.
Additional crop insurance changes in S. 3240 are designed to expand crop insurance use for other
commodities, including specialty crops. The bill requires USDA to conduct more research on
whole farm revenue insurance with higher coverage levels than currently available. Another
provision makes payments available to producers who purchase private-sector index weather
insurance, which insures against specific weather events and not actual loss. A peanut revenue
insurance product also is mandated. For conservation purposes, a “sod saver” provision in Title
XI reduces crop insurance subsidies and noninsured crop disaster assistance for the first four
years of planting on native sod acreage.
Title XII, Miscellaneous13
Title XII of S. 3240 includes provisions that cover three areas: socially disadvantaged and
limited-resource producers (Subtitle A); livestock (Subtitle B); and other (Subtitle C).
Title XII extends authority through FY2017 for an Office of Small Farms and Beginning Farmers
and Ranchers, which was established in the 2008 farm bill to ensure that minorities and limited-
resource producers have access to all USDA programs. It also adds military veteran farmers and

12 This section was written by Dennis A. Shields, Specialist in Agricultural Policy.
13 This section was written by Joel L. Greene (animal agriculture), Analyst in Agricultural Policy; Tadlock Cowan
(socially disadvantaged farmers), Analyst in Natural Resources and Rural Development; Jim Monke (USDA data
collection), Specialist in Agricultural Policy; and Dennis A. Shields (Noninsured Assistance Program), Specialist in
Agricultural Policy.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

ranchers as a qualifying group, and reauthorizes funding for the USDA Office of Advocacy and
Outreach, which assists socially disadvantaged and limited resource producers.
Within its livestock provisions, Title XII of S. 3240 renews the trichinae certification and aquatic
animal health programs that were established in the 2008 farm bill; establishes a grant program
for research on brucellosis, bovine tuberculosis, and other priority animal diseases; sets up a grant
program to study the eradication of feral swine; and establishes a competitive grant program to
improve the sheep industry.
Title XII also makes available higher coverage levels under the Noninsured Crop Assistance
Program; establishes a military veterans agricultural liaison office within USDA to provide
information to returning veterans on specific programs at USDA; extends a grant program for
technological training for farm workers; clarifies conditions for releasing data gathered by USDA
to state or local government agencies; provides for an increase in administrative expenses for
three regional development commissions that were established by the 2008 farm bill; and
includes a provision to remove Canada geese from National Park Service lands near airports to
diminish flight safety risks.

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Provisions of the Senate Agriculture Committee’s 2012 Farm Bill (S. 3240)
Compared with Current Law
Title I. Commodity Programs
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Direct Payments
Direct payments (DPs) are available to producers on farms with base acres
Repeals direct payments. [Sec. 1101]
(historical plantings) of covered commodities (wheat, corn, grain sorghum, barley,
oats, upland cotton, rice, soybeans, and other oilseeds). Direct payment rates are

fixed in statute and do not vary based on market price. Covers 2008-2012 crop
years. [7 U.S.C. 8713] Direct payments for peanuts authorized separately. [7
U.S.C. 8753]
Counter-Cyclical Payments

Counter-cyclical payments (CCPs) are available to producers on farms with
Repeals counter-cyclical payments. [Sec. 1102]
base acres (historical plantings) of covered commodities and peanuts. Covers
2008-2012 crop years. Payment rate is difference between target price in statute
and national average market price (or loan rate, if higher), minus the direct
payment rate. [7 U.S.C. 8714] Counter-cyclical payments for peanuts
authorized separately. [7 U.S.C. 8754(a)(1)-(3)]
Revenue-Based Payments

For covered commodities and peanuts, Average Crop Revenue Election
Repeals Average Crop Revenue Election (ACRE) program. [Sec. 1103]
(ACRE) payments are available to producers as an alternative to CCPs.
Revenue payment based on a two-part trigger: (1) if actual state revenue is less
than a guaranteed state level for the commodity, and (2) if actual farm revenue is
less than a farm ACRE benchmark for the commodity. Payment amount equals
the product of (1) the lesser of (a) the ACRE program guarantee minus actual
state revenue or (b) 25% of the ACRE program guarantee, times (2) 83.3% (for
crop years 2009-2011) or 85% (2012) of the acreage planted of the covered
commodity (not to exceed base acres of the commodity), times (3) the 5-year
Olympic average farm yield divided by the 5-year Olympic average state yield
(Olympic average drops lowest and highest year). For producers who participate
in ACRE, loan rates under the marketing assistance loan program are reduced
30% and direct payments are reduced by 20%. [7 U.S.C. 8715]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
No comparable provision.
Establishes Agriculture Risk Coverage (ARC) program for crop years 2013-17 for the
same crops as those under direct payment program (except cotton). Covered commodities
are wheat, corn, grain sorghum, barley, oats, long grain rice, medium grain rice, pulse crops
(dry peas, lentils, small chickpeas, and large chickpeas), soybeans, other oilseeds, and
peanuts. Cotton is not covered under ARC but is eligible for the Stacked Income
Protection Plan (STAX) for producers of upland cotton (see Title XI). USDA is required to
consider popcorn as a covered commodity.
USDA makes payments on planted (or prevented from being planted) acres when actual
crop revenue (actual yield times national farm price) drops below 89% of the benchmark
revenue (see next paragraph). Per-acre payment rate equals the difference between per-
acre guarantee (89% times benchmark revenue) and actual revenue. Maximum payment
rate is 10% of benchmark revenue per acre.
For benchmark revenue, farmer can elect either:
(1) farm level: 5-year farm yield times 5-year average national price (averages exclude
highest and lowest years). Payment equals difference between the per-acre guarantee and
actual per-acre revenue times 65% of eligible planted acres (and 45% of prevented-planted
acreage), or
(2) county level: 5-year county yield times 5-year average national price (averages
exclude highest and lowest years). Payment equals the difference between the per-acre
guarantee and actual per-acre revenue times 80% of eligible planted acres (and 45% of
prevented-planted acreage).
The election is a one-time, irrevocable decision applicable to all acres under the operational
control of the producers. Eligible program acres cannot exceed average total acres planted
(or prevented from being planted) to covered commodities and upland cotton on the farm
during 2009-2012. Separate guarantees are to be calculated for irrigated and nonirrigated
crops and differentiated by class of sunflower seeds, barley (using malting prices), and
wheat. Special minimum prices are established in benchmark revenue calculation for rice
($13 per hundredweight (cwt.)) and peanuts ($530 per ton). [Sections 1104, 1105, 1107]
Nonrecourse Marketing Loans and Other Recourse Loans
Nonrecourse marketing loans are available for any amount of a loan
General y continues current law to cover 2013-2017 crop years for al loan commodities
commodity (see list below) produced in crop years 2008-2012. [7 U.S.C. 8731]
(including peanuts). [Sec. 1201]
Nonrecourse marketing loans for peanuts are authorized separately. [7 U.S.C.
8757]

For peanuts, nonrecourse marketing loans available in crop years 2008-2012. May
be obtained through marketing cooperative or association approved by USDA.
Storage to be provided on a non-discriminatory basis and under any additional
requirements. Payment of peanut storage costs authorized for 2008-2012 crops.
[7 U.S.C. 8757(a)(4)-(7)]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Loan commodities and loan rates:
Loan commodities same as current law. [Sec. 1201]
Wheat, per bushel (bu.), $2.94 ($2.75 in 2008, 2009)
For 2013-2017 crop years, loan rates same as current law except for upland cotton. The
Corn, bu., $1.95
loan rate for upland cotton is changed from $0.52 per lb. to the simple average of the
Grain sorghum, bu., $1.95
adjusted prevailing world price for the two immediately preceding marketing years, but not
Barley, bu., $1.85
less than $0.47 per pound or more than $0.52 per pound. [Sec. 1202]
Oats, bu., $1.33
Upland cotton, lb., $0.52
Extra long staple (ELS) cotton, lb., $0.7977
Long grain rice, hundredweight (cwt.), $6.50
Medium grain rice, cwt., $6.50
Soybeans, bu., $5.00
Other oilseeds, cwt., $10.09 ($9.30 in 2008, 2009)
Dry peas, cwt., $5.40 ($6.22 in 2008)
Lentils, cwt., $11.28 ($11.72 in 2008)
Small chickpeas, cwt., $7.43
Large chickpeas, cwt., $11.28 (not applicable in 2008)
Graded wool, lb., $1.15 ($1.00 in 2008, 2009)
Nongraded wool, lb., $0.40
Mohair, lb., $4.20

Honey, lb., $0.69 ($0.60 in 2008, 2009)
[7 U.S.C. 8732 (a)(b)(c)]
Peanuts, ton, $355 [7 U.S.C. 8757(b)]
Establishes a single loan rate in each county for each kind of “other oilseeds” [7
U.S.C. 8732(d)]
Term of loans: 9 months after the day the loan is made; no extensions. [7
Same as current law. [Sec. 1203]
U.S.C. 8733] Same term for peanuts. [7 U.S.C. 8757(c)]
Loan repayment: Loans may be repaid at the lesser of (1) the loan rate plus
Same as current law. [Sec. 1204]
interest, (2) a rate based on average market prices during the preceding 30-day
period, or (3) a rate determined by USDA that will minimize forfeitures,
accumulation of stocks, storage costs, market impediments, and discrepancies in
benefits across states and counties. Excludes upland cotton, rice, ELS cotton,
confectionery and each other kind of sunflower seed (other than oil sunflower
seed). [7 U.S.C. 8734(a)] Provides USDA authority to temporarily, and on a
short-term basis only, adjust the repayment rates in the event of a severe
disruption to marketing, transportation or related infrastructure. [7 U.S.C.
8734(h)] Similar provisions for peanuts. [7 U.S.C. 8757(d)]
For upland cotton, long grain rice, and medium grain rice, repayment may be at
the lesser of the loan rate plus interest, or the prevailing world price for the
commodity adjusted to U.S. quality and location. [7 U.S.C. 8734(b)]
CRS-11

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
For ELS cotton, repayment must be at the loan rate plus interest. [7 U.S.C.
8734(c)]
For confectionery and other kinds of sunflower seeds (other than oil sunflower
seed), loans must be repaid at the lesser of (1) the loan rate plus interest, or (2)
the repayment rate for oil sunflower seed. [7 U.S.C. 8734(f)]
Loan deficiency payments (LDP) are available to producers who agree to
For 2013-2017 crop years, same as current law. [Sec. 1205]
forego marketing loans. LDP computed by multiplying the payment rate (the
amount that the loan rate exceeds the rate at which a marketing loan may be
repaid) for the commodity times the quantity of the commodity produced. Loan
deficiency payments available for unshorn pelts or hay and silage, even though
they are not eligible for marketing loans. ELS cotton is not eligible. Payment rates
determined using the rate in effect as of the date that producers request payment
(producers do not need to lose beneficial interest). [7 U.S.C. 8735] Same
provision for peanuts. [7 U.S.C. 8757(e)]
Payments in lieu of LDP for grazed acreage of wheat, barley, oats, or triticale. [7
For 2013-2017 crop years, same as current law. [Sec. 1206]
U.S.C. 8736]
Special marketing loan provisions for upland cotton impose a special
For the period August 1, 2013, through July 31, 2018, same as current law. [Sec. 1207]
import quota on upland cotton when price of U.S. cotton, delivered to a definable
and significant international market, exceeds the prevailing world market price for
4 weeks. [7 U.S.C. 8737(a)] Limited global import quota is imposed on upland
cotton when U.S. prices average 130% of the previous 3-year average of U.S.
prices [7 U.S.C. 8737(b)]
Economic adjustment assistance to users of upland cotton provides
Same as current law; payment rate drops to 3¢/lb. [Sec. 1207]
assistance of 4¢/lb. to domestic users of upland cotton for uses of al cotton
regardless of origin to acquire, construct, install, modernize, develop, convert, or
expand land, plant, buildings, equipment, facilities, or machinery. Effective August
1, 2008, through July 31, 2012 at 4¢/lb. [7 U.S.C. 8737(c)]
Special competitiveness program for ELS cotton provides payments to
Same as current law through July 31, 2018. [Sec. 1208]
domestic users and exporters whenever the world market price for the lowest
priced ELS cotton is below the prevailing U.S. price for a competing growth of
ELS cotton for a 4-week period; and the lowest priced competing growth of ELS
cotton is less than 134% of the loan rate for ELS cotton. Effective through July 31,
2013. [7 U.S.C. 8738]
Recourse loans for high moisture feed grains and seed cotton are
For 2013-2017 crop years, same as current law. [Sec. 1209]
available for farms that normally harvest corn or sorghum in a high moisture
condition at rates set by the USDA. For recourse loans for seed cotton,
repayment is at loan rate plus interest. [7 U.S.C. 8739]
CRS-12

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Adjustments of loan rates are authorized for any commodity (other than
Same as current law. [Sec. 1210]
cotton) based on differences in grade, type, quality, location, and other factors.
Allows county loan rates as low as 95% of the U.S. average, if it does not increase
outlays; prohibits adjustments that would increase the national average loan rate.
For cotton, loan rates may be adjusted for differences in quality factors. [7 U.S.C.
8740]; [7 U.S.C. 8758] for peanuts.
Conservation Compliance/Producer Agreement
Eligibility for direct payments, counter-cyclical payments, or average crop revenue
Same as current law, with application to the new Agriculture Risk Coverage (ARC)
election payments requires producers to comply with conservation, wetland, and
program [Sec. 1106] and continued compliance requirement to receive benefits under the
planting flexibility requirements; use base acres for agricultural or conserving use,
marketing assistance loan program. [Sec. 1201]
and not for nonagricultural commercial, industrial, or residential use; control
noxious weeds and maintain sound agricultural practices. Producers must submit
For ARC, producer must annual y report data on production in addition to acreage. The
annual acreage reports for all cropland on the farm. [7 U.S.C. 8716 (a)] Same
Secretary shall use data reported by the producer for crop insurance requirements to meet
provision for peanuts. [7 U.S.C. 8755(a)] Under Title II (Conservation) of the
the obligations for program payments without additional submissions to USDA. [Sec.
2008 farm bill (P.L. 110-246), benefits under the marketing loan program are
1106]
subject to conservation compliance for highly erodible land [16 U.S.C.
3811(a)(1)(A)] and for Swampbuster [16 U.S.C. 3812(a)(1)].
Supplemental Agricultural Disaster Assistance (Expired on 9/30/11)
Beginning in 2008, five new disaster programs were authorized for disasters
SURE is not reauthorized. Other four programs are reauthorized with mandatory funding
occurring on or before 9/30/11. [7 U.S.C. 1531] Program funding derived from a
for FY2012 through FY2017.
transfer of 3.08% of annual customs receipts to the newly created Agricultural
Disaster Relief Trust Fund. [19 U.S.C. 2497(a)]
LIP payment rate is reduced from 75% to 65% of the market value of livestock.
The five programs:
Maximum funding for ELAP is $10 million annual y.
1) Supplemental Revenue Assistance (SURE) Payments for crops (not just farm TAP payment rate for replanting is reduced from 70% to 65%.
program crops); compensates producers for a portion of losses that are not
Retains the combined $100,000 per person payment limit for LIP, LFP, and ELAP. Retains
eligible for an indemnity payment under a crop insurance policy; 2) Livestock
the separate limit of $100,000 for TAP.
Indemnity Program (LIP), which compensated ranchers at a rate of 75% of market
value for livestock mortality caused by a disaster; 3) Livestock Forage Disaster
[Sec. 1501]
Program (LFP) for grazing losses due to drought or fire; 4) Emergency Assistance
for Livestock, Honeybees, and Farm-Raised Catfish (ELAP), which provided up to
$50 million annual y to compensate producers for disaster losses not covered
under other disaster programs; and 5) Tree Assistance Program (TAP), which
provided payments to eligible orchardists and nursery growers to cover 70% of
the cost of replanting trees or nursery stock and 50% of the cost of
pruning/removal following a natural disaster.
Maximum payments set at $100,000 per person per year for first four programs
combined. TAP has a separate limit of $100,000.
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Payment Limitations
Establishes the maximum amount of payments per year to a person or legal entity
Establishes a limit on Agriculture Risk Coverage (ARC) payments, after elimination of direct
for the sum of al covered commodities, except peanuts. Peanuts have a separate
payments, counter-cyclical payments, and ACRE payments,.
but equal payment limitation.
—ARC payments for the sum of al covered commodities except peanuts: $50,000
—Direct payments: $40,000
—ARC payments for peanuts: $50,000
—Direct payments under ACRE: $40,000 minus the reduction required for an
Continues most other payment limit provisions such as direct attribution, with the
ACRE participant.
exception of the definition of active personal management (see below). [Sec. 1603]
—Counter-cyclical payments: $65,000
—ACRE payments: $65,000 plus the reduction in the limit from the direct
No provisions for limits on producer subsidies for crop insurance premiums (same as
payment limit.
current law).
—Marketing loan gains/LDP: no limit.
Payments are attributed to a person by accounting for the direct and indirect
ownership in any legal entities. Payments made directly to a person are combined
with the person’s pro rata share of payments from a legal entity. Payments to a
legal entity cannot exceed the limits above, and are attributed to persons.
Attribution of payments to legal entities is traced to four levels of ownership. If a
payment has not been al ocated to an individual after four levels of ownership, the
payment to the first-level entity is reduced on a pro-rata basis. [7 U.S.C. 1308, et
seq.]
To be eligible for payments, persons must be “actively engaged” in farming.
Deletes “active personal management” from the definition of actively engaged in farming.
Actively engaged, in general, is defined as making a significant contribution of (i)
Effectively requires personal labor in the farming operation to be considered actively
capital, equipment or land, and (ii) personal labor or active personal management. engaged. Members of legal entities collectively would need to make a significant
Also, profits are to be commensurate with the level of contributions, and
contribution of personal labor. Adds a special class of “farm managers” that may be
contributions must be at risk. Legal entities can be actively engaged if members
considered actively engaged by providing management but not personal labor. However the
col ectively contribute personal labor or active personal management. Special
Secretary would take into account the size and complexity of the operation and whether
classes allow landowners to be considered actively engaged if they receive income such management requirements are normal y needed by similar operations, A farm manager
based on the farm’s operating results, without providing labor or management,
must the be only person to qualify an operation, may qualify only one operation, and must
Spouses are considered actively engaged if the other spouse meets the
manage an operation that doesn’t share resources with another that collectively receives
qualification. [7 U.S.C. 1308-1]
more than the payment limitations. Separately, clarifies that for the special class of
landowner, a “landowner share-rents the land at a rate that is usual and customary” and
that government payments are commensurate. [Sec. 1604]

Adjusted Gross Income (AGI) Limitation

Prohibits farm commodity program benefits to an individual or entity if adjusted
Eliminates the distinction between non-farm AGI and farm AGI, and tightens the AGI limit.
gross income exceeds certain thresholds. For this purpose, AGI is divided into
Prohibits program benefits if the individual’s or entity’s 3-year average of adjusted gross
two parts: farm AGI and non-farm AGI. Uses a 3-year average when comparing to income exceeds $750,000. Applies to ARC payments, marketing loan gains or loan
the limit.
deficiency payments, supplemental agricultural disaster assistance, and noninsured crop

assistance. [Sec. 1605]
CRS-14

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
—$500,000 limit on non-farm AGI to qualify for and receive any farm commodity
program benefits, Milk Income Loss Contract (MILC) program, noninsured crop
assistance (NAP), or disaster payments.
—$750,000 limit on farm AGI to qualify for and receive direct payments.
However, counter-cyclical, ACRE and marketing loan benefits may continue if
farm AGI exceeds $750,000. [7 U.S.C. 1308-3a(b)(1)]
For FY2012 only, a separate, additional $1 million AGI limit applies to direct
payments [P.L. 112-55, Sec. 745]
For conservation programs, $1 mil ion limit on non-farm AGI, unless more than
No change.
66.66% of AGI is farm AGI. Provides USDA discretion to waive the limit for
"environmentally sensitive land of special significance." [7 U.S.C. 1308-3a(b)(2)]

Sugar Program
Requires USDA to the maximum extent practicable to operate the sugar
Continues all features of the current program and maintains FY2012 loan rates (18.75¢/lb.
nonrecourse loan program at no net cost by avoiding loan forfeitures to the CCC for raw cane sugar; 24.09¢/lb. for refined beet sugar) through the 2017 crop year. [Sec.
(i.e., no outlays recorded). [7 U.S.C. 7272 (f), 7 U.S.C. 1359bb (b)(1), 7 U.S.C.
1301]
1359cc (b)] This is to be accomplished by (1) limiting the amount of sugar that
processors of sugar beets and sugarcane supply to the U.S. market under
Requires USDA, under specified conditions, to operate the feedstock flexibility program for
marketing allotments, and (2) restricting imports under a quota (see below), in
bioenergy producers (i.e., sugar-to-ethanol program) to ensure the sugar program’s no-
order to maintain market prices above levels supported by loan rates.
cost directive is met. [See Sec. 9009 in Title IX -Energy]
Increases in stages raw cane sugar loan rate from 18.0¢/lb. in FY2009 to 18.75¢/lb.
in FY2012, and refined beet sugar loan rate from 22.9¢/lb. in FY2009 to 24.09¢/lb.
in FY2012. Continues other provisions found in prior law. [7 U.S.C. 7272 (a, b,
c, d, e, g, h, i)]
Limits the amount of sugar for food that processors can sel each year (equal to a
national “overall allotment quantity” (OAQ) divided between sugarcane and sugar
beet sectors, and then allocated to individual processors). Requires USDA each
year to set the OAQ at not less than 85% of estimated U.S. human consumption.
[7 U.S.C. 1359aa through 1359jj, 1359ll]
For each marketing year, requires USDA by October 1 to set the initial sugar

import quota at 1.256 mil. short tons – the minimum spelled out in a U.S.
multilateral trade commitment to other World Trade Organization member
countries. Stipulates that this quota can only be raised before the mid point of the
year (April 1) in case of an emergency sugar shortage caused by a weather
disaster, war, or a similar event determined by the Secretary, and specifies the
steps that must be followed to increase imports in the event of such a shortage.
For each marketing year, grants USDA discretionary authority to increase the
sugar quota beginning on April 1. [7 U.S.C. 1359 kk]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Dairy Programs
Repeal or Reauthorization of Dairy Programs
Dairy Product Price Support Program. Mandates the direct support of
Repealed effective October 1, 2012. [Sec. 1471(a)]
cheese, nonfat dry milk, and butter at specified prices for five years (through
December 31, 2012). Specifies minimum purchase prices of: block cheese,
$1.13/lb.; barrel cheese, $1.10/lb.; butter, $1.05/lb.; and nonfat dry milk, $0.80/lb
(same levels previously used to support the farm price of milk at $9.90 per
hundred lbs. or hundredweight (cwt.)) Al ows USDA sale of acquired products
when market prices rise to 110% of purchase price. Allows reduction of
mandated purchase prices when USDA acquisitions exceed specified levels.
Expires on December 31, 2012. [7 U.S.C. 8771]
Milk Income Loss Contract (MILC) Program. MILC is a counter-cyclical
Extended temporarily through June 30, 2013, using the 45% rate rather than reverting to
payment program. When the monthly farm price of fluid milk fal s below
the 34% rate for calculating the payment rate. Effective July 1, 2013, MILC is repealed.
$16.94/cwt., al dairy farmers are paid an amount equal to 45% of the difference
[Sec. 1471(b)]
between $16.94 and the lower market price. Payments per farm are limited to
2.985 million lbs. of annual production for the period October 1, 2008 through
August 31, 2012. For the month of September 2012, the payment factor and the
payment quantity are 34% and 2.4 million pounds, respectively. The $16.94/cwt.
threshold price must be adjusted upward whenever feed costs are above
$7.35/cwt. Beginning on September 1, 2012, the Nat’l. Avg. Dairy Feed Ration
Cost trigger rises from $7.35/cwt. to $9.50/cwt. MILC program expires
September 30, 2012. [7 U.S.C. 8773]
Dairy Export Incentive Program. Provides cash bonus payments to U.S.
Repealed effective October 1, 2012. [Sec. 1472]
dairy exporters, subject to World Trade Organization obligations to limit export
subsidies. Intended to counter foreign (mostly EU) dairy subsidies. Expires
September 30, 2012. [15 U.S.C. 713a-14]
Dairy Forward Pricing Program. Authorizes a dairy forward pricing
Extended through FY2017. Al ows for new contracts until September 30, 2017, but no
program. Prices paid by milk handlers under the contracts are deemed to satisfy
contract can extend beyond September 30, 2020. [Sec. 1473]
the minimum price requirements of federal milk marketing orders. Applies only to
milk purchased for manufactured products (Classes II, III, and IV), and excludes
milk purchased for fluid consumption (Class I). Expires on September 30, 2012.
Al ows for new contracts until September 30, 2012, but no contract can extend
beyond September 30, 2015. [7 U.S.C. 8772]
Dairy Indemnity Program. Authorizes payments to dairy farmers when a
Extended through FY2017. [Sec. 1474]
public regulatory agency directs removal of their raw milk from the market
because of contamination by pesticides, nuclear radiation or fallout, or toxic
substances and other chemical residues. Expires December 31, 2012. [7 U.S.C.
4501]
CRS-16

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Dairy Promotion and Research Program. The Dairy Producer Stabilization Extended through FY2017. [Sec. 1475]
Act of 1983 authorized a generic dairy product promotion, research, and
nutrition education program, funded by a mandatory $0.15/cwt assessment on
milk produced/marketed in the 48 contiguous states. Importers in all 50 states,
the District of Columbia, and Puerto Rico must also pay an assessment rate of
$0.075/cwt. on imported products. Authorizes USDA to issue regulations on
time and method of importer payments. Expires September 30, 2012.
[7 U.S.C. 4504]
Federal Milk Marketing Orders. Federal milk marketing order rules issued by Mandates the establishment of an information clearinghouse (including explicit instructions
USDA place requirements on the first buyers or handlers of milk, including paying
for the requisite types of information to be made available) for the purposes of educating
at least minimum prices for the milk depending on its end use. Permanent federal
the public about the Federal Milk Marketing Order system and any marketing order
authority to regulate the handling of milk was first provided in the Agricultural
referenda. The aforementioned information should be made available through both an
Adjustment Act of 1933, and subsequently revised by the Agricultural Marketing
internet site and major agriculture and dairy-specific publications. [Sec. 1462]
Agreement Act of 1937, as amended. FMMOs are established under permanent
authority and do not need periodic reauthorization. [7 U.S.C. 601 et seq.]
Federal Milk Marketing Order Review Commission. As established by the
Provides an option for funding from sources other than annual appropriations. [Sec. 1476]
2008 farm bill [Sec. 1509], the FMMO Review Commission is mandated to
conduct a comprehensive review and evaluation of (1) FMMO system, and (2)
non-FMMO systems.
Dairy Market Transparency
Dairy Product Mandatory Reporting. Dairy Market Enhancement Act of
Requirements are added that specify a reporting periodicity of no less frequent than once
2000 requires manufacturers to report to USDA the price, quantity, and moisture per month. [Sec. 1461]
content of dairy products sold. The 2008 farm bill [Sec. 1510] authorizes USDA
to establish an electronic reporting system (subject to available funds), after which
increased frequency in mandatory reporting of dairy product sales would be
required. Provides for quarterly audits of submitted information and comparison
with related dairy market statistics. [7 U.S.C. 1637b]
Definitions
No comparable provision.
Actual Dairy Production Margin: difference between the all-milk price and the average
feed cost. [Sec. 1401(1)]
No comparable provision.
All-Milk Price: the national average price received, per cwt. of milk, by dairy operations.
[Sec. 1401(2)]
No comparable provision.
Average Feed Cost: the average price paid for feed used by a dairy operation to
produce a cwt. of milk, as determined by the formula—1.0728 x (corn price per bu.) +
0.00735 x (soybean meal price per ton) + 0.0137 x (alfalfa hay price per ton). [Sec.
1401(4)]
Corn and alfalfa hay prices are monthly prices received as reported by USDA in Agricultural
CRS-17

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Prices. The soybean meal price is the monthly price for central Illinois as reported by
USDA in Market News. [Sec. 1402(a)]
No comparable provision.
Consecutive 2-Month Period: the six 2-month periods of Jan.-Feb., Mar.-Apr., May-
June, July-Aug., Sep.-Oct., and Nov.-Dec. [Sec. 1401]
No comparable provision.
Calculation of Actual Dairy Production Margin for the Production Margin
Protection Program: the margin is calculated for each 2-month period as the difference
between the 2-month average al -milk price and the 2-month average feed cost.
[Sec. 1402b(1)]
No comparable provision.
Calculation of Actual Dairy Production Margin for the Dairy Market
Stabilization Program: the margin is calculated for each individual month as the
difference between the preceding month’s average all-milk price and the preceding month’s
average feed cost. [Sec. 1402b(2)]
Dairy Production Margin Protection Program (DPMPP)
No comparable provision.
Dairy Production Margin Protection Program (DPMPP). Establishes a dairy
production margin protection program with two components: basic margin protection and
supplemental margin protection. [Sec. 1411]
No comparable provision.
Participation in DPMPP. All dairy producers are eligible to participate, but must make
an election within 15 months after initiation of sign-up period, whereas new dairy
producers must make an election during the 1-year period after their first milk is marketed
commercially. A dairy operation may elect to remain in MILC during its temporary
extension through June 30, 2013, or to participate in DPMPP, but not both. For those
dairy producers that elect MILC, they may at any time make a permanent transfer to
DPMPP. An annual administration fee is required for participation in DPMPP as fol ows:
$100 if (milk production) < 1million (M) lbs.; $250 if 1M lbs. to 5M lbs.; $350 if > 5M lbs.
and < 10M lbs.; $1,000 if > 10M lbs. and < 40M lbs.; and $2,500 if > 40M lbs. This provision
also details deposit and use of the fees and conditions for denial of program benefits.
[Sec. 1412]
No comparable provision.
Basic Production History. Under basic margin protection, the highest annual milk
marketings of the dairy operation during any one of the 3 preceding calendar years. Special
provisions are made for new dairy operations. Once established, the basic production
history does not change over succeeding years. [Sec. 1413(a)]
No comparable provision.
Annual Production History. Under supplemental margin protection, the actual milk
marketings of the dairy operation during the preceding calendar year. [Sec. 1413(b)]
Special provisions are made for new dairy operations, and for transfer or movement of
production history. [Sec. 1413(d-e)]

CRS-18

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
No comparable provision.
Basic Production Margin Protection (BPMP). A payment is made to participating
dairy operations whenever the 2-month average actual dairy production margin is less than
$4.00/cwt. The BPMP payment rate equals the amount that the margin is below
$4.00/cwt. (up to a value of $4.00) and is paid on the lesser of: (80% of the Basic
Production History)/6 or the actual quantity of milk marketed during the 2-month
period. [Sec. 1414]
No comparable provision.
Supplemental Production Margin Protection (SPMP). A participating dairy
operation may annual y purchase SPMP to protect additional margin beyond the basic
$4.00/cwt. [Sec. 1415(a)]
No comparable provision.
The optional SPMP Coverage Level is available in $0.50/cwt. increments up to
$8.00/cwt. of total margin protection. [Sec. 1415(b)]
No comparable provision.
A participating dairy operation also must elect a percentage of SPMP coverage equal
to not more than 90%, nor less than 25% of the Annual Production History of the dairy
operation. [Sec. 1415(c)]
No comparable provision.
In addition to the annual administration fee for BPMP, an annual premium for SPMP must
be paid equal to the product of the coverage percentage, the annual production history,
and the SPMP premium rate per cwt. of milk. The SPMP premium rate schedule varies
based on scale of operations and the level of selected coverage. For the first 4 million lbs.
of milk marketings the premium per cwt. is $0.01 for $4.50 margin coverage; $0.02 for
$5.00; $0.035 for $5.50; $0.045 for $6.00; $0.09 for $6.50; $0.40 for $7.00; $0.60 for
$7.50; and $0.95 for $8.00. For milk marketings in excess of 4 million lbs. the premium per
cwt. is: $0.02 for $4.50 margin coverage; $0.04 for $5.00; $0.10 for $5.50; $0.15 for $6.00;
$0.29 for $6.50; $0.62 for $7.00; $0.83 for $7.50; and $1.06 for $8.00. [Sec. 1415(d)]
No comparable provision.
An SPMP payment is triggered whenever the average actual dairy production margin for
a 2-month period is less than the SPMP Coverage Level selected by the dairy operation.
An SPMP payment, if warranted by market conditions, is in addition to the BPMP payment.
[Sec. 1415(f)]
No comparable provision.
The SPMP payment rate per cwt. is equal to the difference between the selected SPMP
coverage level and the greater of either $4.00 or the average margin for the 2-month
period. The total payment equals the SPMP payment rate x the percentage of coverage
selected x the lesser of: (SMP production history)/6 or the actual milk marketings during
the 2-month period. [Sec. 1415(g)]
No comparable provision.
Rules are established for failure of a producer to pay the BPMP administrative fee or SPMP
premiums. [Sec. 1416]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Dairy Market Stabilization Program (DMSP)
No comparable provision.
Dairy Market Stabilization Program (DMSP). Establishes a new program applicable
for the purpose of balancing the supply of milk with demand (via reduced payments on milk
marketings) when operating margins are low or negative. Participation in DMSP is
mandatory for all dairy producers that participate in the DPMPP. The milk marketing
volume used for determining dairy payment reductions under the DMSP is formula-based
comparing shares of actual milk marketings with the producer’s Stabilization Program
Base. At signup in the DPMPP, participating dairy producers elect the calculation method
of the Stabilization Program Base for their dairy operation as either—(A) the average
volume of monthly milk marketings during the 3 preceding months, or (B) the volume of
monthly milk marketings for the same month in the preceding year. [Sec. 1431]
No comparable provision.
DMSP Implementation Threshold. When either: (A) the actual dairy production
margin is $6.00/cwt. or less for each of the 2 preceding months, or (B) actual dairy
production margin is $4.00/cwt. or less for the preceding one month; then reduced
payments on milk marketings under the DMSP are in effect beginning the 1st day of the
month immediately following the threshold trigger as announced by USDA. [Sec. 1432]
No comparable provision.
Calculation of DMSP Payment Reductions. During any month in which the milk
payment reductions are in effect, each handler shall reduce milk payments to each
participating dairy producer from whom the handler receives milk according to the
formula:
(A) Reduction Requirement 1: if the actual dairy production margin per cwt. is < $6.00,
but > $5.00 for 2 consecutive months, then payment reductions are based on the greater
of: (a) 98% of the Stabilization Program Base, or (b) 94% of the actual milk marketings for
the month;
(B) Reduction Requirement 2: if the actual dairy production margin per cwt. is < $5.00,
but > $4.00 for 2 consecutive months, then payment reductions are based on the greater
of: (a) 97% of the Stabilization Program Base, or (b) 93% of the actual milk marketings for
the month;
(C) Reduction Requirement 3: if the actual dairy production margin per cwt. is < $4.00
for any one month, then payment reductions are based on the greater of: (a) 96% of the
Stabilization Program Base, or (b) 92% of the actual milk marketings for the month.
Once the DMSP has been initiated, the largest level of payment reduction required under
(A)-(C) shall be continued monthly until the stabilization program is suspended. However,
no payment reduction is made if the dairy operation’s milk marketings are < the applicable
percentage of the Stabilization Program Base. [Sec. 1434]
No comparable provision.
Use of Funds from Payment Reductions under DMSP. The funds obtained from
reduced payments to dairy producers for their milk marketings shall be remitted to USDA
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
where they shal be used to purchase dairy products for donation to food banks and other
programs with an end goal of expanding consumption and building demand for dairy
products. USDA shal submit a report at the end of each year to the House and Senate
Agriculture Committees concerning the funds received, expenditures, and the impact of the
DMSP. [Sec. 1435]
No comparable provision.
Suspension of DMSP Payment Reductions. DMSP is suspended under any of the
following market conditions:
(1) the actual dairy production margin is > $6.00/cwt. for 2 consecutive months;
(2) the actual dairy production margin is < $6.00/cwt. (but > $5.00/cwt.) for 2 consecutive
months, but during that same period either (A) the U.S. price for cheddar cheese is > the
world price for cheddar cheese, or (B) the U.S. price for nonfat dry milk (NFDM) is > the
world price for NFDM;
(3) the actual dairy production margin is < $5.00/cwt. (but > $4.00/cwt.) for 2 consecutive
months, but during that same period either (A) the U.S. price for cheddar cheese is > 105%
of the world price for cheddar cheese, or (B) the U.S. price for NFDM is > 105% of the
world price for NFDM; or
(4) the actual dairy production margin is < $4.00/cwt. for 2 consecutive months, but during
that same period either (A) the U.S. price for cheddar cheese is > 107% of the world price
for cheddar cheese, or (B) the U.S. price for NFDM is > 107% of the world price for
NFDM.
Once DMSP has been suspended, it may not be resumed until at least 2 months have
passed (starting on the 1st day of the following month), or the conditions of Sec. 1432 are
met again. [Sec. 1436]
No comparable provision.
Enforcement. Provisions for enforcing DMSP are specified. [Sec. 1437]
No comparable provision.
Audit Requirements. Provisions for auditing participating dairy operations and for
ensuring handler compliance in the DMSP are specified. [Sec. 1438]
No comparable provision.
Study and Report on DMSP. Mandates that the Office of the Chief Economist, USDA,
undertake a study of the impact of the DMSP on both the dairy product value chain and the
competitiveness of the U.S. dairy industry in international markets. Study results should be
submitted as a report to the House and Senate Agriculture Committees by December 1,
2016. [Sec. 1439]
Administrative Provisions for Title I, Commodity Programs
Authorizes use of funds, facilities, and authorities of the Commodity Credit
Same as current law. [Sec. 1601]
Corporation (CCC) to carry out Title I. Determinations by USDA shall be final.
Allows promulgation of regulations, and adjusting expenditures if they will exceed
al owable support levels under the Uruguay Round Agreements. [7 U.S.C. 8781]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Suspends the permanent price support authority of the Agricultural Adjustment
Same as current law, except applies to 2013-2017 crop years, and milk through December
Act of 1938 and the Agricultural Adjustment Act of 1949 for the 2008-12 crops
31, 2017. [Sec. 1602]
(covered commodities, peanuts, and sugar), and for milk through December 31,
2012. [7 U.S.C. 8782]
Provides payments to “geographically disadvantaged farmers” in insular areas,
Reauthorizes through FY2017. [Sec. 1606]
Alaska, and Hawai for transporting a commodity or input more than 30 miles.
Reimbursement based on federal salary differentials defined elsewhere, with
maximum of 25% transportation cost. Authorizes $15 million of discretionary
appropriations annual y for FY2009-12. [7 U.S.C. 8792]
Exempts producers from liability for certain deficiencies in collateral to secure any Same as current law. [Sec. 1607]
nonrecourse loan. [7 U.S.C. 7284]
Requires regulations that describe the circumstances allowing payments to a
Same as current law. [Sec. 1608]
deceased person to settle an estate, and to stop payments for those ineligible.
Requires USDA to reconcile tax identification numbers with IRS data twice a year
to determine living status. [7 U.S.C. 7284]
Any person who receives an adverse program decision from USDA’s Farm
Same as current law. Adds authorization for the Assistant Secretary of Administration to
Service Agency, Risk Management Agency, Natural Resources Conservation
administer law and regulations that relate to competitive and excepted service position in
Service, or the three USDA Rural Development agencies may file an appeal with
NAD. [Sec. 1609(a)] Defines matters not subject to appeal. [Sec. 1609(b)]
the National Appeals Division (NAD), an independent office that reports directly
to the Secretary of Agriculture. Its mission is to provide fair and timely hearings
and appeals to USDA program participants. [7 U.S.C. 6992]
Requires that assignment of payments must be done in accordance with USDA
Same as current law. [Sec. 1611]
regulations. [7 U.S.C. 8784]
Requires tracking of program benefits under Commodity and Conservation titles
Same as current law. [Sec. 1612]
that are made directly or indirectly to individuals and entities. [7 U.S.C. 8785]
Requires that, if USDA approves a program document containing signatures of
Same as current law. [Sec. 1613]
applicants, it shall not subsequently determine it to be inadequate or invalid unless
the person signing the document knowingly and willfully falsified the evidence of
signature authority or a signature. [7 U.S.C. 8790]
Provides $50 million of mandatory funds from the CCC to implement Title I. [7
Provides $100 million of mandatory funds from the CCC to implement Title I. The
U.S.C. 8793]
Secretary is to reduce administrative burdens to program participants, improve information
coordination among USDA agencies, and take advantage of new technologies to deliver
programs to producers. [Sec. 1614]


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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title II. Conservation
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Conservation Reserve Program (CRP)
Sec.1231(a-b) of the Food Security Act of 1985 (FSA) (P.L. 99-198, or the 1985
Extends authorization through FY2017. Adds grasslands to list of eligible lands, which is
farm bill), as amended, authorizes the CRP through FY2012. CRP provides annual
consistent with the consolidation of Grassland Reserve Program (GRP) rental agreements
rental payments to producers to replace crops on highly erodible and
under CRP (also see Sec. 2004 below). Amends eligible land definition for land not
environmental y sensitive land with long-term resource conserving plantings. [16
enrolled in CRP. [Sec. 2001(a-b)]
U.S.C. 3831(a-b)]
Sec. 1231(c) of the FSA, as amended, determines the planting status of certain
Deletes language allowing land enrolled in the Water Bank Program and cropland expiring
land. [16 U.S.C. 3831(c)]
in CY2000-CY2002 to be enrol ed. [Sec. 2001(c)]
Sec. 1231(d) of the FSA, as amended, authorizes the maximum acreage
Reduces enrollment to 30 million acres in FY2013, 27.5 million acres in FY2014, 26.5
enrollment levels; the program is currently authorized through FY2012 to enroll
million acres in FY2015, 25.5 million acres in FY2016, and 25 million acres in FY2017. Also
up to 32 million acres. [16 U.S.C. 3831(d)]
caps grassland enrol ment at 1.5 mil ion acres between FY2013-FY2017. Gives expiring CRP
acres priority enrollment for grassland contracts and at least one grassland sign-up must be
offered each year. [Sec. 2001(d)]
Sec. 1231(e) of the FSA, as amended, defines the duration of contracts. [16
Amends language for land devoted to hardwood trees, shelterbelts, windbreaks or wildlife
U.S.C. 3831(e)]
corridors to allow for flexible contract lengths beyond the current 10-15 year length. [Sec.
2001(e)]
Sec. 1231(f) of the FSA, as amended, lists priority areas as the Chesapeake Bay
Deletes watershed-specific language, but retains the use of conservation priority areas as
Region, the Great Lakes Region, and Long Island Sound. [16 U.S.C. 3831f]
determined by USDA. [Sec. 2001(f)]
Sec. 1231B(a-f) of the FSA, as amended, authorizes a pilot program for wetland
Renames the pilot program “Farmable Wetlands Program,” reauthorizes the program until
and buffer acreage in CRP. [16 U.S.C. 3831b]
FY2017, and clarifies language related to constructed wetlands receiving water from
agricultural drainage. [Sec. 2002]
Sec. 1232(a)(8) of the FSA, as amended, establishes approved use of harvesting,
Deletes language related to harvesting, grazing, and wind turbine use on CRP acres. Adds
grazing, and wind turbine use on CRP acres. [16 U.S.C. 3832(a)(8)]
similar language under Sec. 2004 (see below). [Sec. 2003(a)]
Sec. 1232(b & d) of the FSA, as amended, requires a conservation plan on al CRP
Amends conservation plan language by removing possible base acre retirement. Deletes
acres and reduces rental payment for certain authorized uses. [16 U.S.C. 3832(b
rental payment reduction requirement for certain authorized activities. Rental payment
& d)]
reduction language is added under Sec. 2004 (see below). [Sec. 2003(b & c)]
Sec. 1233 of the FSA, as amended, specifies the duty of USDA to make cost-share
Deletes the current section and adds new section that specifies the duties of USDA as:
payments and rental payments. [16 U.S.C. 3833]
making cost-share and rental payments; allowing for emergency harvesting, grazing, and
other use of forage without a reduction in rental rate; allowing livestock grazing for a
beginning farmer or rancher without a reduction in rental rate; certain permitted activities
(harvesting, grazing, and wind turbines) in exchange for not less than a 25% reduction in
rental rates. All permitted activities must be consistent with an approved conservation plan.
Allows grazing, harvesting, and fire suppression on enrolled grasslands. In exchange for a
reduced rental rate, a landowner may install land improvement practices up to one year
before the CRP acres expire. This land may not reenrol in CRP for five years. [Sec. 2004]
CRS-23

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Sec. 1234 of the FSA, as amended, establishes a framework for calculating annual
Al ows incentive payments for tree and shrub maintenance. Amends rental payment
rental payments. [16 U.S.C. 3834]
calculation to include grassland contracts for not more then 75% of the grazing value.
Dryland cash rental rates may also be used as a factor for determining annual rental rates.
Deletes language allowing for in-kind commodities as a form of CRP payment. [Sec. 2005]
Sec. 1235(f) of the FSA, as amended, facilitates the transfer of CRP acres from a
Simplifies language and provides conforming amendments to the CRP transition option. See
retiring owner to a beginning/social y-disadvantaged producer to return land to
Sec. 2601(a) for limits. [Sec. 2006]
production, and al ows new owner to begin land improvements or start organic
certification process one year before CRP contract expires. [16 U.S.C. 3835(f)]
Sec. 1235A of the FSA, as amended, allows land enrol ed in CRP before
Repeals a provision added in the 1990 farm bill that allows land to be converted from
enactment of the 1990 farm bill (P.L. 101-624, November 28, 1990) to convert
vegetative cover to hardwood trees or restored wetlands. [Sec. 2007]
vegetative cover to hardwood trees or restored wetlands [16 U.S.C. 3835a]
No comparable provision.
Provides transition language for existing CRP contracts. Reductions in CRP acres (Sec.
2003) take effect upon enactment. All other amendments take effect on October 1, 2012.
[Sec. 2008]
Sec. 1241(a)(1) of the FSA, as amended, limits payments for thinning activities to
Reduces limit for thinning activities (see Sec. 2005) to $10 million between FY2013-
$100 million between FY2009-FY2012 and payments for the transition assistance
FY2017 and increases limit for transition assistance (see Sec. 2006) to $50 million between
(see Sec. 1235(f) above) to $25 mil ion for FY2009-2012. [16 U.S.C. 3841(a)(1)] FY2013-FY2017. [Sec. 2601(a)]
Conservation Stewardship Program (CSP)
Sec. 1238D of the FSA, as amended, defines program terms for CSP. CSP
Deletes definition of ‘conservation measurement tools’ and moves the definition of ‘eligible
provides financial and technical assistance to promote the conservation and
land’ from Sec. 1238E(b) of the FSA, as amended to the definition section. [Sec. 2101(a)]
improvement of soil, water, air, energy, plant and animal life, and other
conservation purposes on tribal and private working lands. [16 U.S.C. 3838d]
Sec. 1238E of the FSA, as amended, establishes the CSP program for FY2009-
Reauthorizes the program through FY2017. Moves definition of ‘eligible land’ to the
FY2014. Eligible land includes private agricultural land, tribal agricultural land (that
definition section (1238D of the FSA, as amended) and removes nonindustrial private forest
has been planted to crops four of preceding six years), and nonindustrial private
land limit of not more than 10% of total annual acres. [Sec. 2101(a)]
forest land. [16 U.S.C. 3838e]
Sec. 1238F of the FSA, as amended, establishes contract requirements for
Increases the entry requirement to address two resource concerns upon applying and
addressing at least one resource concern upon application and meeting or
meeting or exceeding the threshold for at least one additional priority resource concern.
exceeding the threshold for at least one priority resource concern by the end of
Adds expiring CRP acres transitioning to production as a consideration for ranking
the contract. Establishes a ranking criteria of applications, contract provisions,
applications. Requires contract renewal participants to agree to, at a minimum, at least two
contract renewal, and contract terminations. [16 U.S.C. 3838f]
additional priority resource concerns. [Sec. 2101(a)]
Sec, 1238G of the FSA, as amended, outlines the duties of USDA, including
Increases the number of priority resource concerns identified by USDA to not less than
offering continuous enrol ment with at least one ranking period per year,
five. Removes references to a conservation measurement tool. Reduces the number of
identifying between 3-5 priority resource concerns, and developing a conservation enrol able acres to 10,348,000 acres for each fiscal year 2012 through 2021. Adjusts the
measurement tool. Limits acreage enrollment to 12,769,000 acres for each fiscal
payment limit requirement to a total of $200,000 for al CSP contracts between FY2013
year 2008 though 2017. Requires a national average rate of $18 per acre (to
and FY2017. Provides additional payment direction and requires a prorated performance
include all costs). Payments may be based on the costs incurred, income forgone,
over the life of the contract to create equal payments each fiscal year. Removes data
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
and expected environmental benefits. In general, payments are made at the
col ection requirements. [Sec. 2101(a)]
beginning of each fiscal year and are limited to a total of $200,000 for all CSP
contracts during any five year period. [16 U.S.C. 3838g]
No comparable provision.
Provides transition language for existing CSP contracts. Amendments to CSP take effect on
October 1, 2012. [Sec. 2101(b-c)]
Environmental Quality Incentives Program (EQIP)
Sec. 1240 of the FSA, as amended, authorizes EQIP, stating its purpose as
Removes the 5th purpose area that requires the reduction of administrative burdens on the
promoting production and environmental quality as compatible goals, and
producer through consolidating conservation planning and streamlining regulatory
optimizing environmental benefits by assisting producers: (1) with compliance
compliance processes. Adds wildlife habitat improvement and development practices to the
with national regulatory requirements; (2) to avoid the need for regulation; (3) to
3rd purpose area. [Sec. 2201]
install and maintain conservation practices; (4) to make cost-effective changes to
current production systems, and (5) to reduce administrative burdens by
consolidating planning and regulatory compliance . [16 U.S.C. 3839aa]
Sec. 1240A of the FSA, as amended, defines six terms: eligible land, National
Incorporates the definition of the National Organic Program into the definition of an
Organic Program, organic system plan, payment, practice, and program. [16
organic system plan. [Sec. 2202]
U.S.C. 3839aa-1]
Sec. 1240B(a-b) of the FSA, as amended, authorizes EQIP through FY2014.
Reauthorizes EQIP through FY2017. Removes the minimum one-year contract length
Contracts are 1-10 years in length. [16 U.S.C. 3839aa-2(a-b)]
requirement. [Sec. 2203(1-2)]
Sec. 1240B(d) of the FSA, as amended, limits EQIP payments to not more than
Revises the list of practices afforded greater significance when determining income forgone.
75% of the cost (up to 90% for limited resource, socially disadvantaged farm or
Adds veteran farmer or rancher to the list of certain producers eligible for cost share rates
rancher, or a beginning farmer or rancher) and not more than 100% of income
up to 90% and advanced payments. Requires advanced payments not used within 90 days to
forgone. Greater significance is provided for determining income forgone
be returned. [Sec. 2203(3)]
payments for specific management practices. Advance payments for certain
producers are limited to 30% of the cost share rate. [16 U.S.C. 3839aa-2(d)]
Sec. 1240B(g) of the FSA, as amended, requires that 60% of EQIP payments go to
Extends through FY2017 the 60% of payments to livestock production requirement. Adds a
practices related to livestock production requirement between FY2008-FY2012.
minimum of 5% of funds go to payments benefiting wildlife habitat (see Sec. 2203(5)) or
[16 U.S.C. 3839aa-2(g)]
$75 million for FY2013, $80 million for FY2014, and $82.5 million for each FY2015-FY2017
(based on levels authorized in Sec. 2601). [Sec. 2203(4)]
Sec. 1240N of the FSA, as amended, authorizes the Wildlife Habitat Incentives
Adds a new provision under EQIP specifically for wildlife habitat incentive practices.
Program (WHIP), providing cost-sharing to landowners who improve habitat.
Language is similar to the Wildlife Habitat Incentives Program, which is repealed in Sec.
Authorized to receive mandatory funding of $85 million annually through FY2012.
2707. [Sec. 2203(5)] Funding for the provision is provided in Sec. 2203(4).
[16 U.S.C. 3839bb-1]
Sec. 1240C(b) of the FSA, as amended, identifies priorities to program
Changes “environmental benefits” to “conservation benefits.” [Sec. 2204]
applications. Gives higher priority for producers using cost-effective conservation
practices to achieve environmental benefits. [16 U.S.C. 3839aa-3(b)]
Sec. 1240D(2) of the FSA, as amended, states that in exchange for EQIP
Changes “farm, ranch, or forest” land to “enrolled” land. [Sec. 2205]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
payments, producers will not conduct any practices on the farm, ranch, or forest
land that could defeat the purpose of the program. [16 U.S.C. 3839aa-4(2)]
Sec. 1240G of the FSA, as amended, limits EQIP participant’s payments to
Limits EQIP payments for the period of authorization (FY2013-FY2017) rather than a
$300,000 for any six-year period. This may be raised to up to $450,000 for any
rolling six-year period. [Sec. 2206]
six-year period if the contract is of environmental significance. [16 U.S.C.
3839aa-7]
Sec. 1240H of the FSA, as amended, authorizes a competitive grants program
Deletes the air quality funding carve-out. Adds a reporting requirement that no later than
within EQIP, known as the Conservation Innovation Grants (CIG). Grants are
Dec. 31, 2013, and every 2 years thereafter, a report must be submitted to Congress
provided, on a matching basis, to implement innovative conservation practices.
regarding CIG funding, project results, and technology transfer efforts. [Sec. 2207]
Provides $37.5 million of EQIP funds annually (FY2009-2012) to address air
quality concerns. [16 U.S.C. 3839aa-8]
No comparable provision.
Provides transition language for existing EQIP contracts. Amendments to EQIP take effect
on October 1, 2012. [Sec. 2208]
Sec. 1241(a)(6) of the FSA, as amended, authorizes mandatory EQIP funding, rising Authorizes mandatory EQIP funding: $1.5 billion (FY2013); $1.6 billion (FY2014); and $1.65
from $1.2 billion in FY2008 to $1.75 billion in FY2014. [16 U.S.C. 3841(a)(6)]
billion (each FY2015-FY2017). Amended Sec. 1241(a)(5). [Sec. 2601(a)]
Agricultural Conservation Easement Program (ACEP)
No directly comparable provision. Similar to the establishment and purposes
Establishes the Agricultural Conservation Easement Program (ACEP). Combines the
section of the Wetlands Reserve Program (WRP, Sec. 1237(a)), the Farmland
purposes of WRP, FPP, and GRP. Amended Sec. 1265 [Sec. 2301(a)]
Protection Program (FPP, Sec. 1238I(a)&(b)), and the Grassland Reserve Program
(GRP, Sec. 1238N(a)) of the FSA, as amended. [16 U.S.C. 3837(a);
3838i(a)&(b); 3838n(a)]
No directly comparable provision. Similar to definitions found in Sec. 1237 (WRP) Defines agricultural land easements, eligible entity, eligible land, program and wetland
and Sec. 1238H (FPP) of the FSA, as amended. [16 U.S.C. 3837 & 3838h]
easement. Divides the easement program into two types––agricultural land easements,
which includes components of FPP and GRP and wetlands easements, which includes
components of WRP. Amended Sec. 1265A [Sec. 2301(a)]
No directly comparable provision. Similar to Sec. 1238I (FPP) of the FSA, as
Retains much of the FPP easement requirements for cost-share assistance, agreements with
amended. Provides for the purchase of conservation easements by limiting the
eligible entities, certification of eligible entities, including review and recertification
land’s nonagricultural uses. The federal cost may not exceed 50% of the appraised
requirements. Allows for grazing as a protected agricultural uses, similar to GRP
market value of the easement and entities must contribute a minimum of 25% of
easements. Requires appraisals based on uniform standards of professional appraisal
the acquisition purchase price. Prohibits bidding down. Requires USDA to include
practice or any other industry-approved standard. Requires eligible entities to provide
a contingent right of enforcement in the terms of the easement, and that a
contributions equivalent to the federal share or at least 50% of the federal share if the
conservation plan be required for any easements that include highly erodible
entity includes contributions from the private landowner. Al ows up to 75% federal cost-
cropland. Establishes a certification process for USDA to enter into agreements
share for grasslands of special environmental significance. Establishes an evaluation and
with eligible entities to use FPP cost-share assistance to purchase easements. To
ranking criteria for applications. Amended Sec. 1265B [Sec. 2301(a)]
become certified, entities must have the authority and resources to enforce
easements, polices in place that are consistent with the purposes of the program,
and clear procedures to protect the integrity of the program. Agreements with
certified entities are a minimum of five years with a review and recertification
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
required every three years. Agreements with non-certified entities are 3-5 years
in length. [16 U.S.C. 3838i(c)-(h)]
No directly comparable provision. Similar to Sec. 1237-1237F (WRP) of the FSA,
Retains much of the WRP easement requirements for land eligibility, easement terms,
as amended. WRP enrol s lands through the use of permanent easements, 30-yea
compatible uses, easement compensation, violation procedures, duties of USDA and the
easements, restoration cost-share agreements, or any combination thereof.
owner, cost-share, restoration, and technical assistance requirements, and modification and
Eligible lands under WRP include: farmed wetland or converted wetland, together
termination procedures. Reauthorizes WREP-like program referred to as the wetland
with adjacent land, except wetlands converted before December 23, 1985;
enhancement option. No longer allows for cost-share restoration agreements, only 30-year
cropland or grassland that was used for agricultural production prior to flooding
easements, permanent easements (or maximum duration allowed under law), and 30-year
from the natural overflow of a closed basin lake or pothole; and possibly farmed
contracts for Indian Tribes. Requires the establishment of an evaluation and ranking criteria
wetlands enrol ed in CRP that are likely to return to production upon contract
that maximizes the benefit of federal investment. Retains priority for easements based on
expiration. Ineligible lands include CRP acres containing timber stands or CRP
the value to protecting and enhancing habitat for migratory birds and other wildlife, but
pasture established to trees. USDA is required to determine the value of
removes consideration for costs and future agricultural and food needs. Makes the
easements and contracts by providing the lowest amount of compensation based
reserved grazing rights pilot program permanent. Compensation provisions are similar to
on a comparison of the fair market value of the land, a geographic cap, or an offer
WRP, but adds a requirement that 30-year contract (Tribes only) and 30-year easement
made by the landowner. Easements with values less than $500,000 must be paid
compensation be between 50% and 75% of a permanent easement’s compensation.
out over 1-30 years; easements with values greater than $500,000 are to be paid
Payment schedules are changed for easements with values less than $500,000 to be paid
out over 5-30 years. Authorized to conduct a Wetlands Reserve Enhancement
out not more than ten years and easements with values greater than $500,000 to be paid
Program (WREP) for agreements with states similar to CREP. Priority is given to
out over 5-10 years. Easement administration may still be delegated, however, the
easements based on the value of protecting and enhancing habitat for migratory
monitoring and enforcement responsibilities may not. Reduces the land ownership
birds and other wildlife, while taking into consideration costs and future
requirement to the preceding 24-month period. Amended Sec. 1265C [Sec. 2301(a)]
agricultural and food needs. Eligible land cannot have changed ownership in the
previous 7-year period unless the new ownership was by will, succession,
foreclosure, or USDA is assured the land was not acquired for the purpose of
enrolling in WRP. [16 U.S.C. 3837-3837f]
No comparable provision.
Outlines administrative requirements for ACEP using elements of WRP, FPP, and GRP.
Provides priority for expiring CRP acres to enter into one) agricultural land easements if it
is grasslands that would benefit from long-term easements, or 2) wetland easements if it is
a wetland with the highest functions and value that could return to production after leaving
the CRP. Allocates funding to no less than 40% for agricultural land easements each fiscal
year. Amended Sec. 1265D [Sec. 2301(a)]
No comparable provision.
Provides technical amendments for other sections. Amendments take effect on October 1,
2012. [Sec. 2301(b-c)]
No directly comparable provision. Sec. 1241(a)(2) and (a)(5) of the FSA, as
Authorizes mandatory ACEP funding: $450 million (FY2013), $475 million (FY2014); $500
amended, authorizes mandatory funding to enroll WRP & GRP acres respectively.
mil ion (FY2015); $525 million (FY2016); and $250 million (FY2017). Amended Sec.
Sec. 1241(a)(4) authorizes mandatory FPP funding, rising from $97 million in
1241(a)(2). [Sec. 2601(a)]
FY2008 to $200 million in FY2014. [16 U.S.C. 3841(a)(2); (a)(4); (a)(5)]
CRS-27

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Regional Conservation Partnership Program (RCPP)
No directly comparable provision. Includes elements of the establishment and
Establishes the Regional Conservation Partnership Program (RCPP). Combines the
purposes section of the Agricultural Water Enhancement Program (AWEP, Sec.
purposes of AWEP, the Chesapeake Bay Watershed program, CCPI, and the Great Lakes
1240I)), the Chesapeake Bay Watershed program (Sec. 1240Q), the Cooperative
basin program to further conservation, restoration, and sustainability on a regional or
Conservation Partnership Initiative (CCPI, Sec. 1243) and the Great Lakes basin
watershed scale, and encourage partners to cooperate with producers in meeting or
program for soil erosion and sediment control (Sec. 1240P) of the FSA, as
avoiding regulatory requirements and implementing projects. Amended Sec. 1271 [Sec.
amended. [16 U.S.C. 3839aa-9; 3839bb-4; 3843; 3839bb-3]
2401]
No directly comparable provision. Includes elements of previously mentioned
Defines covered programs as ACEP, EQIP & CSP. Eligible activities include those that
programs.
address water quality and quantity concerns, wildlife habitat, erosion, and others
determined by USDA. Eligible partners include state or local governments, Indian tribes,
farmer cooperatives, organizations with a history of working with producers on
conservation projects. Amended Sec. 1271A [Sec. 2401]
No directly comparable provision. Includes elements of previously mentioned
Authorizes partnership agreements for a period not to exceed five years with a possible
programs, primarily AWEP and CCPI.
one-year extension; describes the duties of partners as defining the scope of projects,
conducting outreach, acting on the behalf of producers to apply for assistance, leveraging
financial and technical assistance, conducting assessments, and reporting results; partnership
agreements are competitive; and provides application content, criteria, and priority.
Amended Sec. 1271B [Sec. 2401]
No directly comparable provision. Includes elements of previously mentioned
Directs USDA to enter into contracts to provide technical and financial assistance to
programs, primarily AWEP and CCPI.
producers participating in projects with eligible partners and producers within a project
area or critical conservation area independent of working through an eligible partner.
Program rules, requirements, and payments are to be consistent with the covered
programs (ACEP, EQIP, & CSP). Authorizes up to ten alternative funding arrangements
with multi-state water agencies or authorities. Amended Sec. 1265C [Sec. 2401]
No directly comparable provision. Sec. 1240I(j) of the FSA, as amended,
Authorizes mandatory RCPP funding of $100 million annually for FY2013-FY2017, to
authorizes mandatory AWEP funds of $73 million in FY2009 and FY2010, $74
remain available until expended. Retains the CCPI use of 6% of covered program funds and
mil ion in FY2011, and $60 million each fiscal year thereafter. Sec. 1240Q(h)
acres, but amends the CCPI al ocation to: 25% for a state competition, 50% for a national
authorizes Chesapeake Bay Watershed program funds of $23 million in FY2009,
competition, and 25% for critical conservation areas (new category). Retains the AWEP and
$43 million in FY2010, $72 million in FY2011, & $50 million in FY2012. Sec.
CCPI restriction on paying no administrative expenses of eligible partners. Amended Sec.
1243(i) authorizes CCPI to use 6% of covered program for a state (90%) and
1265D [Sec. 2401]
national (10%) competition. Sec. 1240P(d) authorizes appropriations of $5 million
annual y for the Great Lakes basin program. [16 U.S.C. 3839aa-9(j); 3838bb-
4(h); 3843(i); 3839bb-3(d)]
No comparable provision.
Requires USDA to make information on selected projects publical y available and requires a
report to Congress on December 31, 2013 (and every 2 years thereafter) on the status of
projects funded. Amended Sec. 1265E [Sec. 2401]

Requires USDA to use 25% of the 6% made available under covered programs for
partnership agreements within no more than eight critical conservation areas (see amended
CRS-28

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Sec. 1265D above). Amended Sec. 1265F [Sec. 2401]
No comparable provision.
Amendments take effect on October 1, 2012. [Sec. 2401(b)]
Other Conservation Programs
Sec. 1240M(e) of the FSA, as amended, authorizes the Conservation of Private
Reduces and extends authorization of appropriations to $30 million annually through
Grazing Land Program. Authorizes appropriations of $60 million annually
FY2017. [Sec. 2501]
through FY2012. [16 U.S.C, 3839bb(e)]
Sec. 1240O(b) of the FSA, as amended, authorizes the Grassroots Source
Reduces and extends authorization of appropriations to $15 million annually through
Water Protection Program. Authorizes appropriations of $20 million annual y FY2017. [Sec. 2502]
through FY2012. [16 U.S.C. 3839bb-2(b)]
Sec. 1240R of the FSA, as amended authorizes state grants through a Voluntary
Reduces and extends authorization for $40 million of mandatory funding for the period of
Public Access and Habitat Incentive Program to encourage land-owners to
FY2013-FY2017. Requires USDA to submit a report to Congress no later than two years
provide public access for wildlife-dependent recreation. Sets application contents
after enactment on the effectiveness of the program. Amendments are effective Oct. 1,
and award priorities providing $50 million in mandatory funds for the period
2012. [Sec. 2503]
FY2009-2012. [16 U.S.C. 3839bb-5]
Sec. 1252 of FSA, as amended, authorizes an Agriculture Conservation
Allows funding for each conservation program in the Food Security Act of 1985, as
Experienced Service Program (ACES), such that USDA can enter into
amended, except CRP, to be used to carry out the ACES program. Amendments are
agreements with organizations to provide technical assistance (excludes
effective Oct. 1, 2012. [Sec. 2504]
administrative tasks) using qualified individuals 55 years or older. [16 U.S.C.
3851]
Sec. 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (P.L. 106-
Extends authorization of appropriations through FY2017. Does not authorize additional
472), as amended, authorizes up to $85 million annual y in discretionary funding
mandatory funding. [Sec. 2505]
for the Small Watershed Rehabilitation Program for FY2008-FY2012 and
$100 million in mandatory funding for FY2009 to remain available until expended.
[16 U.S.C. 1012(h)(2)(E)]
Sec. 2507 of the Food, Security and Rural Investment Act of 2002 (P.L. 107-171,
Deletes current section and replaces with new section that adds definitions for eligible land,
2002 farm bill), as amended, authorizes USDA to transfer $175 million of CCC
program, and terminal lake. Also adds a new voluntary land purchase grant program with
funds to the Bureau of Reclamation to provide water for at-risk desert terminal authorization to receive $25 million through appropriations to remain available until
lakes. [43 U.S.C. 2211]
expended. Retains provisions for voluntary water purchases for desert terminal lakes,
including the transfer of $150 million of CCC funds to the Bureau of Reclamation. [Sec.
2506]
Funding and Administration
Sec. 1241(a) of the FSA, as amended, authorizes mandatory funding through
Reauthorizes through FY2017 with funding specified for ACEP and EQIP. Includes payment
FY2012 (and FY2014 for CSP, EQIP, FPP, and WHIP) to carry out various
limits for specific CRP provisions. [Sec. 2601(a)]
conservation programs. [16 U.S.C. 3841]
Note: Authorized funding levels for various programs are provided in individual
CRS-29

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
program sections above.
No comparable provision.
Allows mandatory funding made available for CRP, ACEP, CSP, & EQIP to remain available
until expended. Any funds from a previous fiscal year made available through modifications,
cancellations, terminations and other related administrative actions may be reobligated in a
different fiscal year, but it will reduce the program’s funding by an equal amount in the fiscal
year the reobligation occurs. [Sec. 2601(b)]
Sec. 1241(c) of the FSA, as amended, allows CCC funds for conservation
Retains a similar provision and requires a report to Congress by December 31, 2012 (and
programs to also be used for technical assistance. [16 U.S.C. 3841(b)]
each subsequent year), detailing the amount of technical assistance requested and
apportioned for each conservation program. [Sec. 2602]
Sec. 1241(d) of the FSA, as amended, requires that each state receives an
Eliminates the $15 million annual requirement and allows states in the first quarter of the
aggregated minimum of $15 million annually from certain mandatory conservation
fiscal year to establish that they can use a total of 0.6% of certain conservation funds. If
programs in order to promote regional equity. [16 U.S.C. 3841(d)]
established, those states may receive 0.6% of funds. [Sec. 2603]
Sec. 1241(g) of the FSA, as amended, establishes an annual set-aside in EQIP and
Reauthorizes the EQIP and CSP set-aside through FY2017. Provides preference for veteran
CSP from FY2009-FY2012; 5% to beginning farmers or ranchers and 5% to
farmers or ranchers eligible under the provision. [Sec. 2604]
socially disadvantaged farmers or ranchers. [16 U.S.C. 3841(g)]
Sec. 1241(h) of the FSA, as amended, establishes reporting requirements for
Amends reporting requirements to reflect the repeal of WRP, FPP, GRP, and AWEP and
program enrol ments and assistance under WRP, FPP, GRP, EQIP, AWEP, CSP,
the addition of ACEP and RCPP. [Sec. 2605]
and adjusted gross income waivers. [16 U.S.C. 3841(h)]
Sec. 1244 of the FSA, as amended, outlines administrative requirements for
Adds veteran farmers and ranchers to the list of eligible persons authorized to receive
conservation programs including incentives for certain farmers or ranchers,
incentives. Makes conforming amendments to reflect the new ACEP program. Requires the
privacy information, conservation plans, acreage limitations, and applications,
use of an ‘initial application’ to reduce duplication, a review and revision of the application
among others. [16 U.S.C. 3844]
process, and notification to Congress when the requirements are complete. Clarifies that
conservation payments are in addition to and not included in any payment limit caps.
Allows for flexible funding arrangements for Indian Tribes. [Sec. 2606]
Sec. 2904 of the Food, Conservation, and Energy Act of 2008, (P.L. 110-246, 2008 Amends and adds the 2008 farm bill regulations provision to a new Sec. 1246 of the FSA.
farm bill) requires USDA, in consultation with CCC, to issue rules and regulations Allows interim final rules to be effective upon issuance. Removes the 90 day promulgation
implementing Title II provisions within 90 days. Waives certain rulemaking
requirement and CCC consultation. [Sec. 2607]
requirements.
Sec. 1261(b) of the FSA, as amended, requires USDA to develop standard
Amends provision to al ow USDA to review and update standards as necessary. [Sec.
committee operating procedures for State Technical Committees. [16 U.S.C.
2608]
3861(b)]
Repeal of Superseded Program Authorities and Transitional Provisions
Sec. 1230 of the FSA, as amended authorizes and establishes the comprehensive
Repeals the comprehensive conservation enhancement program. [Sec. 2701]
conservation enhancement program between FY1996-FY2002. [16 U.S.C. 3830]
Sec. 1231A of the FSA, as amended, authorizes and establishes the emergency
Repeals the emergency forestry conservation reserve program with transition provisions
forestry conservation reserve program within CRP for areas suffering damage
for current contracts to receive CRP funding until expiration. Effective October 1, 2012.
CRS-30

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
during the CY2005 hurricanes. [16 U.S.C. 3831a]
[Sec. 2702]
Sec. 1237-1237F of the FSA, as amended, authorizes and establishes the Wetlands
Repeals WRP with transition provisions for current contracts and easements to receive
Reserve Program (WRP). [16 U.S.C. 3837-3837f]
CCC funding until expiration. ACEP funding may also be used. Effective October 1, 2012.
[Sec. 2703]
Sec. 1238H-1238J of the FSA, as amended, authorizes and establishes the
Repeals FPP with transition provisions for current agreements and easements to receive
Farmland Protection Program (FPP) and the Farm Viability Program. [16 U.S.C.
CCC funding until expiration. ACEP funding may also be used. Also repeals the Farm
3838h-3838j]
Viability Program. Effective October 1, 2012. [Sec. 2704]
Sec. 1238N-1238P of the FSA, as amended, authorizes and establishes the
Repeals GRP with transition provisions for current contracts, agreements, and easements
Grasslands Reserve Program (GRP). [16 U.S.C. 3838n-3838p]
to receive CCC funding until expiration. ACEP funding may also be used. Effective October
1, 2012. [Sec. 2705]
Sec. 1240I of the FSA, as amended, authorizes and establishes the Agricultural
Repeals AWEP with transition provisions for current contracts and agreements to receive
Water Enhancement Program (AWEP) within EQIP. [16 U.S.C. 3839aa-9]
CCC funding until expiration. RCPP funding may also be used. Effective October 1, 2012.
[Sec. 2706]
Sec. 1240N of the FSA, as amended, authorizes and establishes the Wildlife
Repeals WHIP with transition provisions for current contracts to receive CCC funding
Habitat Incentives Program (WHIP). [16 U.S.C. 3839bb-1]
until expiration. EQIP funding may also be used. Effective October 1, 2012. [Sec. 2707]
Sec. 1240P of the FSA, as amended, authorizes and establishes the Great Lakes
Repeals the Great Lakes basin program effective October 1, 2012. [Sec. 2708]
Basin Program for Soil Erosion and Sediment Control. [16 U.S.C. 3839bb-3].
Sec. 1240Q of the FSA, as amended, authorizes and establishes the Chesapeake
Repeals the Chesapeake Bay Watershed program with transition provisions for current
Bay Watershed program. [16 U.S.C. 3839bb-4]
contracts, agreements, and easements entered into under the program to receive CCC
funding until expiration. RCPP funding may also be used. Effective October 1, 2012. [Sec.
2709]
Sec. 1243 of the FSA, as amended, authorizes and establishes the Cooperative
Repeals CCPI with transition provisions for current contracts and agreements to receive
Conservation Partnership Initiative (CCPI). [16 U.S.C. 3843]
CCC funding until expiration. RCPP funding may also be used. Effective October 1, 2012.
[Sec. 2710]
Sec. 1239-1239D of the FSA, as amended, authorizes and establishes the
Repeals the environmental easement program. [Sec. 2011]
environmental easement program between CY1991-CY1995. [16 U.S.C. 3839-
3839d]
No comparable provision.
Provides technical amendments and spelling corrections. [Sec. 2012]



CRS-31

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title III. Trade
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Food for Peace Act
Section 202(e)(1) Support for Eligible Organizations. Provides that of the
Set-Aside for Support for Organizations Through Which Nonemergency
funds made available for Title II emergency and nonemergency food assistance in
Assistance Is Provided. Amends Section 202(e)(1) to increase the funds made available
each fiscal year, the Administrator of the U.S. Agency for International
to eligible organizations for administrative and program activities to not less than 13% nor
Development (USAID) shall make available to eligible organizations (private
more than 15% of funds available for Title II emergency and nonemergency assistance. [Sec.
voluntary organizations, cooperatives and intergovernmental organizations) not
3001]
less than 7.5% nor more than 13% to assist them in establishing new programs,
meeting specific administrative, management, personnel and internal
transportation and distribution costs for carrying out programs, and improving
and implementing methodologies for food aid programs, including monitoring, and
evaluation. [7 U.S.C. 1722(e)(1)]
Food Aid Quality. Section 202(h)(1) provides that the Administrator of USAID
Food Aid Quality. Replaces and expands Section 202(h)(1) to require that the
shal use the funds made available each fiscal year from 2009 and subsequent fiscal
Administrator use funds available to carry out Title II to assess types and quality of
years to carry out Title II to assess the types and quality of agricultural
agricultural commodities donated as food aid; adjust products and formulation, as necessary
commodities and products donated as food aid; adjust products and formulations
to meet nutrient needs of target populations; test prototypes; adopt new specifications or
(including the potential introduction of new fortificants and products) as
improve existing specifications for micronutrient food aid products, based on latest
necessary to cost-effectively meet nutrient needs of target populations; and to
development in food and nutrition science; develop new program guidance for eligible
test prototypes. Authorizes not more than $4.5 million for FY2009-FY2012 to
organizations to facilitate improved matching of products to purposes; develop improved
carry out this section. [7 U.S.C. 1722 (h)]
guidance on how to address nutritional efficiencies among long-term recipients of food aid;
and evaluate the performance and cost-effectiveness of new/modified food products and
program approaches to meet nutritional needs of vulnerable groups. Extends authority to
fund this section through FY2017. [Sec. 3002]
Minimum Levels of Assistance. Requires the provision annual y of a minimum
Extends current minimum levels of assistance through FY2017. [Section 3003]
of 2.5 million metric tons (mmt) of commodities under Title II, of which 1.875
mmt are designated for nonemergency programs under Title II. Both
requirements may be waived, under certain conditions, by the USAID
Administrator [7 U.S.C 1724]
Food Aid Consultative Group. Establishes the Food Aid Consultative Group
Reauthorizes FACG through December 31, 2017. [Sec. 3004]
(FACG) composed of the Administrator of USAID, the Secretary of Agriculture,
and representatives of eligible organizations, indigenous nongovernmental
organizations in recipient countries, U.S. producer groups, and representatives of
the maritime transport sector who review overall program effectiveness.
[7 U.S.C. 1725]
CRS-32

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Administration. Sec. 403. Provides for program oversight, monitoring, and
Oversight, Monitoring and Evaluation of Food for Peace Act Programs. Amends
evaluation, and requires that systems be established to accomplish these tasks.
Sec. 403 to authorize activities under this section during the period FY2013 through
Requires an implementation report be prepared, to be reviewed by GAO, along
FY2017. Removes requirements that GAO undertake a study of USAID’s oversight of
with annual reporting. Authorizes appropriations up to $22 million of Title II
nonemergency food aid programs. [Sec. 3005]
funds be made available annual y (FY2008-12). Requires procedures be developed
for providing commodities overseas in a timely manner and according to delivery
schedules. Authorizes use of up to $8 million of Title II funds to be used for the
Famine Early Warning System Network. Authorizes $2.5 million (of the $22
mil ion) to upgrade information technology systems in FY2009 to enhance
monitoring of Title II non-emergency programs. [7 U.S.C. 1726a]
Assistance for Stockpiling and Rapid Transportation, Delivery, and
Reauthorizes this provision through FY2017. [Sec. 3006]
Distribution of Shelf-Stable Prepackaged Foods. Authorizes grants for this
assistance of $8 million each FY2008-2012. [7 U.S.C. 1726b(f)]
No comparable provision
Limitation on Total Volume of Commodities Monetized. Amends Section 403
General Provisions of the Food for Peace Act [7 U.S.C. 1733] to require that the rate of
return for a commodity monetized (sold in recipient countries) be at least 70%. The “rate
of return” is defined as equal to the proportion that the proceeds the implementing
partners generate through monetization bears to the cost to the Federal Government to
procure and ship the commodities to a recipient country for monetization. The USAID
Administrator may waive this requirement but report the reasons for granting the waiver
and other information to House and Senate Agriculture Committees, House Foreign
Affairs, Senate Foreign Relations, and House and Senate Appropriations Committees. [Sec.
3007]
Use of Commodity Credit Corporation. Sec. 406 of the Food for Peace Act
Flexibility, Revises Sec. 406 of the Food for Peace Act to permit use of funds available
permits the Commodity Credit Corporation to pay for costs associated with
under the Food for Peace Act to pay costs of up to 20% of activities conducted in recipient
commodities made available, including cost of acquisition, costs of packaging,
countries by nonprofit voluntary organizations, cooperative, or intergovernmental
enrichment, preservation or fortification; costs of processing, transportation, and
organizations. [Sec. 3008]
handling up to the time of delivery to U.S. ports; freight charges from US. ports
(or designated Canadian transshipment ports) to ports of entry abroad; and costs
of ocean transport. [7 U.S. C. 1736]
Prepositioning of Commodities in the United States and Foreign
Extends authority for Sec. 407 until 2017. Authorizes from $10 million to $15 million for
Countries. Sec. 407 authorizes the use of available funds to procure, transport
prepositioning. [Sec. 3009]
and store agricultural commodities for prepositioning in the U.S. and abroad.
Authorizes USAID to use Title II funds to procure transport, and store
commodities for prepositioning. Authorizes to be appropriated up to $10 million
in each of FY2008 through FY2012 for these purposes. [7 U.S.C. 1736(c)(4)]
Expiration Date. Provides that no agreement under the Food for Peace Act
Deadline for Agreements to Finance Sales or to Provide Other Assistance.
shall be entered into after December 31, 2012.
Extends authority to enter into agreements to December 31, 2017. [Sec. 3010]
CRS-33

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Authorization of Appropriations, Sec. 412(e) specifies that of the funds
Minimum Level of Nonemergency Food Assistance. Repeals Section 412(e) and
available for programs under the act, not less than $375 million (FY2009), $400
requires that of funds made available under the Food for Peace Act, not less than 15% nor
mil ion (FY2010), $425 million (FY2011), and $450 million (FY2012) shall be
more than 30% shal be expended for nonemergency food aid under Title II. Further, the
expended for nonemergency food aid. This requirement can be waived only if the amount made available to carry out nonemergency food aid programs under Title II shal
President determines that an extraordinary food emergency exists, that resources not be less than $275 million for any fiscal year. [Sec. 3011]
from the Bill Emerson Trust (see below) have been exhausted, and the President
has submitted a request for additional appropriations to Congress equal to the
amount needed to reach the required spending level for nonemergency food aid
and the amount exhausted under the Emerson Trust. [7 U.S.C. 1736f]
Micronutrient Fortification Programs. Section 415 of the Food for Peace
Extends Micronutrient Fortification Programs through fiscal year 2017. [Sec. 3013]
Act establishes a micronutrient fortification program for food aid provided to
recipient countries through fiscal year 2012 [7 U.S.C. 1736g-2]
John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Extends program through fiscal year 2017 and provides for annual funding of not less than
Authorizes voluntary technical assistance to raise farm production/incomes in
the greater of $10 million or 0.6 of the amounts made available for each of fiscal yeas 2013
developing and middle income countries, emerging markets, and in Sub-Saharan
through 2017 to carry out the program. [Sec. 3014]
Africa and the Caribbean Basin. Program is funded at the greater of not less than
$10 million or 0.5% of funds available under the act. [7 U.S.C. 1737

Other Food Aid Programs

Food for Progress Act of 1985. The Food for Progress Act provides
Extends program through 2017. Applies the flexibility and limitation on monetization of
commodities to support countries that have made commitments to expand free
commodities provisions that apply to Title II nonemergency programs.(See Sec. 3007 and
enterprise in their agricultural economies.
Sec. 3008 above.) [Sec. 3201]
[7 U.S.C. 1736o]
Bill Emerson Humanitarian Trust.. Establishes a reserve of commodities and
Extends authority to replenish stocks to maintain the Trust until September 30, 2017. [Sec.
cash to meet emergency food needs in developing countries when there are
3202]
unanticipated needs or when U.S. domestic supplies are short. The Trust can be
held as a combination of cash and commodities. The commodities in the Trust
may be exchanged for funds available under Title II or the McGovern-Dole
Program, or for sale in the market. The funds in the Trust can be invested in low-
risk short-term securities or instruments. [7 U.S.C. 1736f-1 note]
McGovern-Dole International Food for Education and Child Nutrition
Authorizes such sums as necessary to carry out the McGovern-Dole program for each of
Program. Makes available U.S. agricultural commodities, financial and technical
FY 2013 through FY2017. [Sec. 3204]
assistance to carry out food for education and child nutrition programs in foreign
countries. Authorizes such sums as may be necessary during FY2008-12. [7
U.S.C. 1736o-1]
CRS-34

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Local and Regional Food Aid Procurement Pilot Projects. Establishes a
Local and Regional Food Aid Procurement Projects Establishes a local and regional
pilot program for local and regional purchase of commodities for famine
procurement program with appropriations of $40 million authorized for each of fiscal years
prevention to be conducted by USDA with $60 million in CCC funding (FY2009-
2013 through 2017. Preference in carrying out this program may be given to eligible
2012). [7 U.S.C. 1726c]
organizations that have, or are working toward, projects under the McGovern-Dole
International Food for Education and Child Nutrition Program. [Sec. 3207]
No comparable provision
Donald Payne Horn of Africa Food Resilience Program. Establishes a pilot program
to effectively integrate all U.S.-funded emergency and long-term development activities that
aim to improve food security in the Horn of Africa. Authorizes $10 million to carry out
the pilot project. Requires the Administrator of USAID to report to appropriate
committees of Congress on the outcomes of the project. [Sec. 3208]
Trade Provisions
Export Credit Guarantee Program. Authorizes the Commodity Credit
Amends 7 U.S.C. 5641(b) by striking the section and replacing it with the requirement that
Corporation to guarantee the credit made available to finance commercial
the Commodity Credit Corporation make available for each fiscal yarn 2013 through 2017
export sales of agricultural commodities. The CCC is required to make available
credit guarantees in an amount equal to not more than $4.5 billion. [Sec. 3101]
the lesser of $5.5 billion annual y of guarantees or the sum of guarantees
supported by $40 million in budget authority plus the amount of guarantees that
the CCC can make available from unobligated prior fiscal year balances. [ 7
U.S.C. 56419(b)]
Market Access Program. The Market Access Program (MAP) provides for
Reauthorizes at current mandatory funding levels of $200 million annually through FY2017.
CCC funding of export market development for all U.S. agricultural commodities
[Sec. 3102]
(generic and branded) by eligible trade organizations. Authorizes CCC funding of
$200 million annual y, Provided also for products that are organical y-produced.
[7 U.S.C. 5623]
Foreign Market Development Cooperator Program. The Foreign Market
Reauthorizes at current mandatory funding levels of $34.5 million annually through FY2017.
Development Cooperator Program (FMDP) authorizes USDA establish and carry
[Sec. 3103]
out a program to maintain and develop foreign markets for bulk or generic U.S.
agricultural commodities and products. [7 U.S.C. 5721]
Promotion of Agricultural exports to Emerging Markets. The Emerging
Extends EMP through fiscal year 2017. [Sec. 3203]
Markets Program (EMP) promotes U.S. agricultural exports in emerging markets.
Authorizes direct credits or export credit guarantees of not less that $1 billion
each fiscal year 2008 through 2012 for exports to emerging markets. Requires
export credit guarantees be made available to establish or improve facilities and
services for U.S. products. In addition, authorizes up to $10 million each fiscal
year 2008 through 2012 of CCC funding to be made available to carry out
technical assistance activities that promote the export of U.S. agricultural
products and address technical barriers to trade in emerging markets, technical
assistance can include feasibility studies, market research, industry sector
assessments, specialized training, and business workshops. [7 U.S.C. 5622 note]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Technical Assistance for Specialty Crops). Technical Assistance for
Reauthorizes at current mandatory funding levels of $9 million annually through FY2017.
Specialty Crops (TASC) authorizes USDA to address barriers prohibiting or
[Sec. 3205]
threatening exports of U.S. specialty crops. Authorizes mandatory CCC funds
reaching $9 million annual y (FY2011-FY2012). [7 U.S.C. 5680]
Global Crop Diversity Trust. Requires USAID Administrator to contribute to Reauthorizes U.S. contribution to the Global Crop Diversity Fund for FY2013-FY2017.
the Global Crop Diversity Trust for germ plasm conservation (up to $60 million
[Sec. 3206]
over 5 years) provided that the U.S. contribution not exceed one-fourth of the
total of funds contributed to the Trust from all sources. [22 U.S.C. 2220a note]














CRS-36

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title IV. Nutrition
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Food Distribution Program on Indian Reservations (FDPIR)
Authorizing statute for FDPIR contains discretionary authority for a “Traditionally
Extends FDPIR’s appropriations authority for “Traditionally and Locally-grown Food Fund”
and Locally-grown Food Fund.” These funds are for USDA purchase of traditional
through FY2017. [Sec. 4001]
and locally-grown foods to be distributed to FDPIR households. Authority to
appropriate $5 million annual y to this fund for FY2008-FY2012. [7 U.S.C.
2013(b)(6)]
Supplemental Nutrition Assistance Program (SNAP)
Standard Utility Allowances. A SNAP household can use a Low Income
Only LIHEAP payments above $10 would confer this potential advantage. Payments of $10
Home Energy Assistance Program (LIHEAP) payment (regardless of the amount of or less would no longer entitle a household to earn a "standard utility allowance" (SUA)
that payment) to document that the household has incurred heating and cooling
during the benefit calculation process. If a household received below $10 in LIHEAP
costs. This documentation triggers a standard utility allowance (SUA), a figure
assistance, households would have to present alternate documentation of utility costs in
that enters into the SNAP benefit calculation equation. Unless the household is
order to have utilities factored into calculating their excess shelter deduction. [Sec. 4002]
already receiving the maximum SNAP benefit, a household’s monthly benefit can
increase if the SUA calculation results in an excess shelter deduction. [7 U.S.C.
2014(e)(6)(C)]
Student Eligibility. In most cases, col ege students (attending higher education
Adds the requirement that those students enrolled in post-secondary institutions as a
courses half-time or more) between ages 18 and 50 are ineligible for SNAP. A
requirement of participation in “SNAP Employment and Training,” must be enrol ed in
student enrolled in an institution of higher education more than half-time is
certain employment-oriented training to qualify for SNAP; specifically, this includes certain
eligible for SNAP benefits only if the individual meets one or more of the
career and technical education, remedial courses, basic adult education, literacy, or English
fol owing qualifications (1) under 18 years old, or age 50 or older; (2) disabled; (3)
as a second language. [Sec. 4003]
employed at least 20 hours per week or participates in a work-study program
during the school year; (4) a parent (in some circumstances); (5) receiving
Temporary Assistance for Needy Families (TANF) cash assistance benefits; OR
(6) enrolled in school because of participation in certain programs. One of the
program enrol ment exceptions is a “SNAP Employment and Training” program.
[7 U.S.C. 2015(e)]
No comparable provision. Authorizing statute establishes income and asset
Lottery and Gambling Winnings. Creates explicit ineligibility for households that
thresholds for SNAP eligibility, including that lump-sum, non-recurring payments
receive “substantial lottery or gambling winnings” (as determined by USDA) until the
are to be counted as resources (assets) not income. [7 U.S.C. 2014]
household meets the SNAP resources (assets) and income eligibility limits. State SNAP
agencies are to establish agreements with the state gaming agency in order to make
determinations of winnings. [Sec. 4004]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Retail Food Store Definition. SNAP benefits can be accepted only by
Amends retail food store definition so that perishable foods must be provided in at least
authorized retailers. Among other application requirements, USDA authorization
three of the staple food categories. [Sec. 4005(a)]
of a retailer is based on the retailer’s inventory and sales. SNAP law defines a
retail food store, and includes within that definition an establishment that either
No retail food store, which has at or above 45% of its total sales in SNAP-ineligible items
(1) offers, on a continuous basis, a variety of foods in each of 4 staple food
(specifically alcoholic beverages, tobacco, and hot foods or hot food products ready for
categories [defined in 7 U.S.C. 2012(r)(1)], including perishable foods in at least
immediate consumption other than those authorized in the restaurant option) can be
two of the categories, or (2) has over 50 percent of its sales in staple foods.
authorized to accept SNAP benefits. Gives USDA the authority “to consider whether the
Authority exists to consider the nature and extent of the food business
applicant is located in an area with significantly limited access to food” and makes an
conducted. No statutory policy on a retailer’s sales of non-food items (e.g.
exception to the requirement if USDA determines that the participation of the retailer is
alcohol and tobacco). [7 U.S.C. 2012(p)(1), 2018]
“required for the effective and efficient operation of the supplemental nutrition assistance
program.” [Sec. 4005(d)]
Electronic Benefit Transfer, Manual Vouchers. An electronic benefit
Shifts the costs of EBT machinery to retailer. Bars states from issuing manual SNAP
transfer (EBT) point-of-sale machine can be provided by the state agency to the
vouchers or al owing retailers to accept manual vouchers unless USDA makes such a
retailer at no cost to the retailer (Many retailers choose to purchase credit card
determination that circumstances or categories of retailers warrant use of manual
machines that also accept EBT). Although SNAP has transitioned to being ful y
vouchers. Requires EBT service providers to provide for and maintain “unique terminal
EBT, and paper coupon (“food stamps”) are no longer offered, authority exists to
identification number information.” [Sec. 4005(b), (c), (d)(3)]
accept manual SNAP vouchers. Some smal retailers use these rather than
acquiring an EBT machine. No statutory requirements regarding unique terminal
identification numbers for EBT machines. [7 U.S.C. 2016(f), 2018(h)(3)]
Replacement of Cards. Permits state agencies to collect a fee for replacement
Adds additional measures regarding “the purposeful loss of cards.” USDA may require a
of an EBT card by reducin] the monthly al otment of the participating household.
state agency to decline a request for a replacement card unless the household provides an
[7 U.S.C. 2016(h)(8)]
explanation for the loss of the card. The USDA requirements must include protections for
vulnerable individuals (homeless, disabled, victims of crimes). USDA is to assure certain
procedures occur and that procedures are consistent with participants’ existing due
process protections. [Sec. 4006]
No explicit provisions regarding non-wired EBT machinery for redemption or
Technology Modernization. Requires, depending on results of the demonstration
online SNAP transactions are included in the authorizing statute. From FY2012
project, that USDA authorize retailers with EBT mobile technologies, if retailers meet
appropriations, USDA is using $4 million to expand EBT point of sale devices at
certain requirements. Requires demonstration project and report to be completed by July
farmers markets. A number of regulations would need to be rewritten or waived
1, 2015 and for USDA to authorize wireless retailers beginning January 1, 2016, unless
to allow redemption via the Internet. [7 U.S.C. 2016(h), P.L. 112-55]
USDA reports to congressional committees of jurisdiction that it determines that
authorization should not be implemented. Mobile technologies are defined as “electronic
means other than wired point of sale devices.” A similar statutory provision is included for
USDA to authorize retailers to accept benefits online, contingent upon results of a
demonstration project and a report to Congress. [Sec. 4007]
No comparable provision.
Community-Supported Agriculture. Makes SNAP benefits redeemable for shares of
Community-Supported Agriculture (CSA). In a CSA, a farmer or community garden grows
food for a group of local residents—members, shareholders, or subscribers—who pledge
support to a farm at the beginning of each year by agreeing to cover the farm’s expected
costs and risks. In return, the members receive shares of the farm's production during the
growing season. [Sec. 4008]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Restaurant Meals Program. States may choose to operate a restaurant meals
Creates added responsibilities for state agencies, private establishments, and USDA before
program, al owing homeless, disabled, or elderly households to redeem SNAP
restaurants may participate in a restaurant meals program. For restaurants that have
benefits at restaurants that offer concessional prices. States contract with
contracted with the state to accept SNAP benefits before this provision is enacted, the
restaurants, and USDA authorizes them as SNAP retailers. [7 U.S.C.
restaurant may continue to accept SNAP without meeting the additional requirements for
2012(k)(3),(4),(9)]
no more than 180 days. [Sec. 4009]
Quality Control. The quality control system measures the accuracy of the
Sets $25 as the threshold level for reporting SNAP errors in the quality control system.
eligibility and benefits calculation in SNAP. The American Recovery and
[Sec. 4010]
Reinvestment Act of 2009 temporarily changed the definition of the quality
control error threshold by raising it from $25 to $50 (meaning that SNAP errors
lower than $50 would not “count” as errors in the quality control system).
USDA made the $50 threshold permanent in regulation in November 2011. [7
U.S.C. 2025(c); P.L. 111-5; 7 CFR 275.12(f)(2)]
Appropriations. Authorizes appropriations for SNAP and related programs
Reauthorizes appropriations for SNAP and related programs through FY2017. [Sec. 4011]
through FY2012. [7 U.S.C. 2027(a)]
Nutrition Education and Obesity Prevention Grant Program. Formerly
Adds promoting physical activity as an allowable use of the funding. [Sec. 4014]
SNAP Nutrition Education or “SNAP-Ed,” this program provides formula grant
funding for states to provide programs for SNAP (and other domestic food
assistance program) participants as well as other low-income households. With
these funds, “[s]tate agencies may implement a nutrition education and obesity
prevention program for eligible individuals that promotes healthy food choices
consistent with the most recent Dietary Guidelines for Americans.” [7 U.S.C.
2036a(b)]
Trafficking. Authorizes civil penalties and SNAP disqualification penalties for
Provides USDA $18.5 million annually through FY2017 in additional mandatory funding to
retailers that engage in SNAP trafficking (the sale of SNAP benefits for money or
track and prevent SNAP trafficking. [Sec. 4015]
ineligible items). USDA enforces those penalties through a variety of activities
and funds from the SNAP account. Approximately $8 million each year was
obligated for retailer integrity and trafficking in FY2010, FY2011, and FY2012. [7
U.S.C. 2021(b)(3)]
Community Food Projects
Permanently authorizes a grant program for eligible non-profit organizations, in
Eliminates eligibility for infrastructure improvement and development projects. Increases
order to improve community access to food. Infrastructure projects are an
funding for community food projects to a total of $10 million annually. [Sec. 4012]
eligible use of these funds. Grants require 50% in matching funds. Provides $5
mil ion annual y in mandatory funding for this purpose. [7 U.S.C. 2034]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
The Emergency Food Assistance Program (TEFAP)
For FY2009, mandates $250 million in TEFAP commodity purchases. For FY2010-
Increases funding by +$100 million over 5 years and a total of +$150 million over 10 years.
FY2012, the $250 million in FY2009 is to be adjusted for food-price inflation each
Entitlement commodity funding increases are concentrated in the first 5 years: +$28
year. This funding is available only in the year that it is provided. [7 U.S.C.
mil ion for FY2013, +$24 million in FY2014, +$20 million in FY2015, +$18 million in
7511a(d)]
FY2016, +$10 million in FY2017 and subsequent years. Makes annual commodity funding
available for a 2-year period. [Sec. 4013]
Authorizes appropriations ($15 mil ion a year through FY2012) for TEFAP
Extends discretionary authority through FY2017. [Sec. 4013]
“infrastructure grants.” Grants are to be made to emergency feeding
organizations (emphasizing those serving mostly rural communities) for projects
that improve storage, distribution, and other capacity building. [7 U.S.C.
7511a(d)]
USDA is to make bonus commodity purchases using CCC and Section 32 funds
Permits USDA to also “consider the needs of the states and the demands placed on
based on the needs of the agricultural industry. [7 U.S.C. 612c]
emergency feeding organizations. [Sec. 4207]
Commodity Supplemental Food Program (CSFP)
Authority to purchase and distribute CSFP foods distributed in CSFP expires at
Reauthorizes through FY2017. [Sec. 4101-4102]
the end of FY2012. [7 U.S.C. 612c note(a)-(b), P.L. 93-86]
Income-eligible pregnant and post-partum women, infants, children, and the
Only income-eligible elderly would be eligible for CSFP. Enrolled women, infants, and
elderly (defined as 60 years or older) are eligible to participate in CSFP. [7
children (who are disqualified by this new provision) would be allowed to participate until
U.S.C. 612c note(g), P.L. 93-86] (According to FY2011 USDA-FNS data, 97% of
their certification period expires. [Sec. 4102]
CSFP participants were elderly.)
Authority for USDA to enter into reprocessing agreements with private
Reauthorizes through FY2017 [Sec. 4103]
companies in order to process commodity foods for donation and distribution to
nutrition programs expires at the end of FY2012. [7 U.S.C. 1431e(2)(A)]
Food Distribution for Child Nutrition Programs
In addition to the minimum ($200 million-a-year) acquisitions required by the
Establishes that the $50 million fresh fruit and vegetable acquisition requirement remains in
2002 farm bill, USDA is required to purchase additional fruits, vegetables, and
effect through FY2017. [Sec. 4201]
tree nuts for use in domestic nutrition assistance programs using Section 32
funds. The added purchases required are: $190 million (FY2008), $193 million
(FY2009), $199 million (FY2010), $203 million (FY2011), and $206 million
(FY2012 and each year thereafter). Of this money for additional purchases, at
least $50 million annually is required for USDA fresh fruit and vegetable
acquisitions for schools. (The Department of Defense Fresh Fruit and Vegetable
Program (“DoD Fresh”) is one of the ways this is accomplished). [7 U.S.C. 612c-
4]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
The 2008 farm bill provided $4 million (in FY2009) to purchase whole grains and
Renews mandatory funding for the Whole Grain Pilot and evaluation; provides $10 million
whole grain products for schools and to evaluate this pilot project. [42 U.S.C.
available over 2 years (FY2013 and FY2014.) [Sec. 4204]
1755a; Sec. 14222(d) of Public Law 110–246]
Senior Farmers’ Market Nutrition Program
Authorizes and provides $20.6 million annually for the Senior Farmers’ Market
Reauthorizes and continues to provide CCC mandatory funding of $20.6 million annually
Nutrition Program through FY2012. [7 U.S.C. 612c-4(b)]
through FY2017. [Sec. 4202]
Other Nutrition and Food Security Programs
2002 farm bill authorized and 2008 farm bill extended discretionary authority for
Repeals this section. [Sec. 4203]
a “Nutrition Information Awareness Pilot Program. “ [7 U.S.C. 1755a]
Authorized to be appropriated such sums as are necessary through FY2012 for
Amends the hunger-free community grants to delete the authority for infrastructure
matching grants (1) to food program service providers and nonprofits for
development and adds authority for a second category of “incentive grants” for projects
col aborative efforts to assess community hunger problems and to achieve
that incentivize SNAP participants to buy fruits and vegetables. Limits federal cost share to
“hunger-free communities” and (2) to emergency feeding organizations for
50 percent. Provides $100 million in mandatory funding over 5 years for the incentive
infrastructure development. Any available funding is to be divided equal y between grants. Retains the discretionary authority but limits it to $5 million per year for the
these 2 grant initiatives, and the federal matching percentage is limited to 80%.
previous hunger-free communities grant authorities, now called “collaborative” grants.
[P.L. 110-246, Sec. 4405] The 2008 farm bill also authorized pilot projects
[Sec. 4205]
designed to improve the health status of participants, including a mandatory
provision of $20 million for "point of purchase incentive" projects. (USDA has
since implemented the Healthy Incentives Pilot in Hampden County, Massachusetts)
[7 U.S.C. 2026(k)]
Currently, the Administration administers a “Healthy Food Financing Initiative”
Authorizes up to $125 million to be appropriated for a “Healthy Food Financing Initiative”
(HFFI) by requesting appropriations for several existing statutory authorities in
to remain available until expended. USDA is authorized to approve a community
order to provide grants and tax credits to support development of food retailers
development financial institution as “national fund manager” that would administer these
in underserved communities. Congress provided no funding for USDA for this
funds by supporting food retail projects that would “expand or preserve access to staple
initiative, but did provide $22 million for the U.S. Department of the Treasury to
foods” (as defined within this section) and accept SNAP benefits. [Sec. 4206]
administer the New Market Tax Credits for retail food outlets. [P.L. 112-55]



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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title V. Credit
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Consolidated Farm and Rural Development Act (a.k.a. ConAct) [7 U.S.C.
Restructures the ConAct by updating language and more clearly organizing the farm and
1921 et seq.]
rural development programs into separate titles. Minor changes to some program
parameters as described below, though most provisions are substantially the same and
renumbered. [Sec. 5001]
Note: References below cite the new numbering of the ConAct, for provisions notably amended by
the Senate bill, followed by the section of S. 3240 making the change.
Farm Loans
Definitions. A beginning farmer or rancher is defined, in general, as one with less Replaces “median” with “average” in the definition of a beginning farmer’s ownership
than 10 years of farming experience, meets participation and other requirements
limitation: “does not exceed 30% of the average county acreage.” This would expand
especially if more than one person or entity is involved, and owns a farm that is
eligibility if the average exceeds the median, such as when small farms outnumber larger
smaller than 30% of the median acreage size of farms in the county. [7 U.S.C.
farms and a few large farms raise the average. Sec. 3002(26) of the ConAct. [Section 6001]
1991(a)(11)]
Farm Ownership Loans. Authorizes direct and guaranteed loans for farm real
Substantial y the same, except as noted below. Subtitle A, Chapter 1 of the ConAct [Sec.
estate purchases to eligible producers who do not qualify for credit from other
5001]
lenders. [7 U.S.C. 1922-1925, 1927, 1934-1936]
Allows farm ownership loans for the following types of entities: cooperatives,
Gives USDA discretion to allow alternative legal entities to qualify for farm ownership
corporations, partnerships, joint operations, trusts, and limited liability companies. loans. Section 3101(b)(3) of the ConAct. [Sec. 5001]
[7 U.S.C. 1922(a)]
For direct loans, requires at least three years of farming experience and either be
Gives USDA discretion to allow alternatives to meet the three-year experience
a beginning farmer, not have received prior direct farm ownership loans, or not
requirement for direct loans. Section 3101(c)(1) of the ConAct. [Sec. 5001]
have received a direct farm ownership loan more than 10 years ago. [7 U.S.C.
1922(b)(1)]

Authorizes appropriations for conservation loans through FY2012 [7 U.S.C.
Reauthorizes appropriations for conservation loans through FY2017. Section 3103(h) of the
1924(h)]
ConAct. [Sec. 5001]
Authorizes a down-payment loan program within the farm ownership loan
Authorizes the down payment loan program for beginning farmers (Section 3107(a)(1) of
program for beginning farmers and ranchers and socially disadvantaged farmers
the ConAct [Sec. 5001]), and mentions socially disadvantaged farmers under
and ranchers. Maximum down payment loan size is 45% of $500,000, among
administration (Section 3107(d) of the ConAct [Sec. 5001]). Increases maximum down
other terms. [7 U.S.C. 1935]
payment loan to 45% of $667,000 (Section 3107(b)(1) of the ConAct. [Sec. 5001]).
Farm Operating Loans. Authorizes direct and guaranteed loans for purchasing
Substantial y the same, except as noted below. Subtitle A, Chapter 2 of the ConAct [Sec.
livestock, poultry, equipment, feed, seed, fertilizer, other supplies, financing land
5001]
or water development, reorganization, and certain other purposes to eligible
producers who do not qualify for operating credit at other lenders. [7 U.S.C.
1941-1949]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Allows operating loans for the following types of entities: cooperatives,
Gives USDA discretion to allow alternative legal entities to qualify for farm operating loans.
corporations, partnerships, joint operations, trusts, and limited liability companies. Section 3201(b)(3) of the ConAct [Sec. 5001]
[7 U.S.C. 1941(a)]
Limits eligibility for direct farm operating loans to 6 years, with a one-time 2-year
Limits eligibility for direct farm operating loans to “7 years, adjusted by 1 year for every 3
extension under certain terms at USDA’s discretion. [7 U.S.C. 1941(c)(1)(C)]
consecutive years” that a farmer did not receive a direct operating loan after initially
receiving one. Section 3201(c)(1)(C) of the ConAct [Sec. 5001]
Limits eligibility for guaranteed farm operating loans to 15 years [7 U.S.C.
Omits (eliminates) any term limit on guaranteed farm operating loans.
1949(b)]. This limit had been suspended through 2010 [P.L. 110-246, Sec.
5103], but since Jan. 1, 2011, has been in effect.
Allows loans to soil conservation districts that cannot obtain credit elsewhere, up
Omits any reference to conservation districts.
to $500,000, for the purchase of equipment [7 U.S.C. 1944]
Emergency Loans. Authorizes direct and guaranteed loans for recovery from
Substantial y the same, except as noted below. Subtitle A, Chapter 3 of the ConAct [Sec.
natural disasters and quarantines declared by the Secretary or Stafford Act
5001]
emergencies declared by the President.. [7 U.S.C. 1961-1970]
Allows emergency loans for the following types of entities: cooperatives,
Gives USDA discretion to allow alternative legal entities to qualify for emergency loans.
corporations, partnerships, joint operations, trusts, and limited liability companies. Section 3301(b)(3) of the ConAct [Sec. 5001]
[7 U.S.C. 1961(a)]
Includes equine farmers and ranchers [7 U.S.C. 1961(a)]
Does not mention equine farmers and ranchers in Sec. 3301 or Sec. 3002 (definitions) of
the ConAct.
Requires hazard insurance at the time the loss occurred. Provides an exception
Omits any exception for poultry farmers in the hazard insurance requirement. Section
for poultry farmers who were unable to obtain insurance. [7 U.S.C. 1961(b)(3)]
3301(d) of the ConAct [Sec. 5001]
Administrative Provisions. Sets other terms, including loan servicing. [7
Substantially the same, except as noted below. Subtitle A, Chapter 4 and Subtitle C of the
U.S.C. 1981-2008l]
ConAct [Sec. 5001]
Specifies the method for selling real property that was acquired by USDA to
Continues current law, except does not mention social y disadvantaged farmers. Section
beginning farmers and socially disadvantaged farmers. [7 U.S.C. 1985(c)]
3409(a)(1)(B) and (a)(4)(B)(i) of the ConAct [Sec. 5001]
Specifies that USDA shall offer to sell real property not later than 135 days after
Shortens to 75 days the time period for USDA to offer to sell real property. Section
acquiring it. [7 U.S.C. 1985(c)(1)(B)(i)]
3409(a)(1)(B)(i) of the ConAct [Sec. 5001]
Authorizes appropriations of $5 mil ion each year through FY2012 for a Beginning Reauthorizes appropriations of $5 million each year through FY2017. Section 3430 of the
Farmer Individual Development Account pilot program. [7 U.S.C. 1983b]
ConAct [Sec. 5001]
Authorizes specific loan levels for direct and guaranteed farm ownership and
Reauthorizes the same loan levels through FY2017 and continues the same program targets
farm operating loans through FY2012, and reserves or targets funding for certain
and reservations. Section 3431 of the ConAct [Sec. 5001]
types of borrowers. [7 U.S.C. 1994]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Credit Programs in Other Laws
State Agricultural Loan Mediation Programs. Authorizes a matching grant
Reauthorizes appropriations of $7.5 million annual y through FY2017. [Sec. 5101]
program for states that provide third party mediation services for agricultural
credit disputes. Appropriations authorized at $7.5 million annually through
FY2015. [7 U.S C. 5106]
Loans to Purchasers of Highly Fractioned Land. Authorizes the USDA
Allows lending to intermediaries that may create revolving loan funds to relend to
farm loan program to lend to Indian tribes or tribal corporations to buy highly
purchasers of highly fractioned land. [Sec. 5102]
fractioned land within the reservation. [25 U.S.C. 488]
Requires certain levels of appraisal for land to qualify for highly fractioned land
Simplifies appraisals for purchasers of highly fractioned land by requiring only one appraisal
loans. [25 U.S.C. 488]
recognized by USDA or the Department of the Interior. [Sec. 5103]













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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title VI. Rural Development
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Consolidated Farm and Rural Development Act (ConAct) Authorizing
Reorganizes the Consolidated Farm and Rural Development Act (ConAct). Consolidates
statute for USDA’s rural development programs. [7 U.S.C. 1921 et seq.]
rural development programs, makes technical changes to various programs, eliminates
programs, establishes criteria for prioritizing loan and grants, eliminates the definition of
“rural” and “rural area” for water assistance and community facilities. Makes technical
changes to the Delta Regional Authority and the Northern Great Plains Regional
Authority. [Sec. 6001]
Note: References below cite the new numbering of the ConAct for provisions
notably amended by the Senate bill, followed in bold by the section of S. 3240
making the change.
Defining Rural Eligibility

Sec. 343(a)(13)(A) of the Consolidated Farm and Rural Development Act
Retains Sec. 343 (a) definition of rural as any area other than a city or town with a
(ConAct), as amended, defines rural as any area other than a city or town with a
population greater than 50,000 and the urbanized area contiguous and adjacent to such a
population greater than 50,000 and the urbanized area contiguous and adjacent to
city or town.
such a city or town.

Defines rural and rural area for water and waste water programs as any town,
city, or unincorporated areas under 10,000 population.
Eliminates the rural definition for water and waste water projects so that the definition
above applies.
Defines rural and rural area for community facility loan and grant program as any
area other than a town or city with a population greater than 20,000.
Eliminates the rural definition for community facility loan and grants so that the definition
above applies.
Establishes criteria for determining areas as “rural in character” and makes certain
exclusions for rural areas that could be classified as lying within an “urbanized

area.” [7 U.S.C. 1991(a(13)(A)]
Amends criteria for determining areas “rural in character” and establishes priorities in
making these determinations. Extends the current exclusion for “urbanized areas” where
a single road may cause a rural town to be included within an urbanized area. Section
3002 28(A)(i) of the ConAct. [Sec. 6001]
Rural Community Programs
Rural Water Loan and Grant Program. Loans and grants to support
Reauthorizes funding to make loans, grants, and loan guarantees for the Rural Water and
improvements to rural water systems. Subject to annual appropriations. [7 U.S.C. Waste Disposal Loan and Grant Programs. Establishes priorities for rural water programs,
1926(a)(2]
including a priority for rural communities of 5,500 or fewer permanent residents. Section
3501 (a)-(d)(f) of the ConAct. [Sec. 6001]
Revolving Funds for Financing Water and Waste Water Projects
Reauthorizes funding for Revolving Funds for Financing Water and Wastewater Projects at
Program. Provides capital to fund revolving loan funds for supporting rural
$30 million annual y for FY2013-FY2017, subject to appropriations. Section 3501(e)(1) of
water projects. Authorizes $35 mil ion annual y for 2008-2012, subject to annual
the ConAct. [Sec. 6001]
appropriations. [7 U.S.C. 1926(a)(2)(B)]
CRS-45

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Emergency and Imminent Community Water Assistance Program.
Reauthorizes funding for Emergency and Imminent Community Water Assistance Program
Provides assistance to water systems in rural communities where there is a threat at $35 million annually for FY2013-FY2017, subject to appropriations. Section 3501(e)(2) of
to potable water supplies. Subject to annual appropriations. [7 U.S.C.
the ConAct. [Sec. 6001]
1926a(i)(2)]
Water and Waste Facility Loans and Grants to Alleviate Health Risks
Reauthorizes funding for Water and Waste Facility Loans and Grants to Alleviate Health
Provides loan and grant support to rural water systems to improve sanitation and
Risks at $60 million in loan subsidies, $60 million in grants, and $20 million in grants
potable water supplies. Authorizes an annual appropriation of $30 million in loan
specifically for Tribal groups annually for FY2013-FY2017, subject to appropriations.
subsidies, $30 million in grants, and $20 million in grants specifical y for Tribal
Section 3501(e)(3)(B) of the ConAct. [Sec. 6001]
groups. [7 U.S.C. 1926c]
Grants for Water Systems for Rural and Native Villages in Alaska.
Reauthorizes funding for the program and specifies eligibility for native villages for Alaska
Funding for water projects to improve sanitation and potable water in rural
and Hawaii for Water and Waste Facility Loans and Grants to Alleviate Health Risks to
Alaska. Authorizes $30 million annual y for FY2008-FY2012, subject to
include Native Tribes, rural or native villages in Alaska and Hawaii. Section 3501(e)(3)(B) of
appropriations. [7 U.S.C. 1926d]
the ConAct. [Sec. 6001]
Solid Waste Management Grants. Provides grant assistance for communities
Reauthorizes funding for Solid Waste Management Grants at $10 million annually for
to establish or improve solid waste management facilities. Subject to annual
FY2013-FY2017, subject to appropriations. Section 3501(e)(4) of the ConAct. [Sec. 6001]
appropriations. [7 U.S.C. 1932(b)]
Rural Water and Wastewater Technical Assistance and Training
Reauthorizes funding for Rural Water and Wastewater Technical Assistance and Training
Grants. Provides funding for technical and managerial expertise assistance from
Grants at the current allocation rate of between 1% and 3% of the total water and waste
third-parties (e.g., National Rural Water Association Program) to assist rural
water appropriation annual y for FY2013-FY2017. Section 3501(e)(5) of the ConAct. [Sec.
communities with various water and waste water issues. Authorizes that between
6001]
1% and 3% of total water and waste water appropriation be allocated to these
grants annual y for FY2008-FY2012. [7 U.S.C. 1926(a)(14)]
Special Evaluation Assistance for Rural Communities and Households
Reauthorizes funding for the SEARCH Program at such sums as necessary for FY2013-
(SEARCH) Program. Provides grant assistance to communities under 2,500 to
FY2017, subject to annual appropriations. Section 3501(e)(6) of the ConAct. [Sec. 6001]
help them prepare an application for a water or waste water loan and grant. Up
to 4% of the funds appropriated for water and waste disposal projects and
essential community facilities may be used to fund SEARCH grants. [7 U.S.C.
2009ee]
Community Facilities Loan and Grant Program. Provides loan, grant, and
Reauthorizes funding for Community Facilities Programs at $10 million annually for
loan guarantees for “essential community facilities.” Most funding has supported
FY2013-FY2017, subject to appropriations.
projects for improved community health and safety (e.g., health clinics, elder care
facilities, fire protection, emergency responders). Authorizes such sums as
Establishes new priorities for Community Facilities loans and grants, including prioritization
necessary annual y, subject to appropriations. [7 U.S.C. 1926(a)(19)]
for communities with less than 20,000 in population.
Also authorizes a new Technical Assistance for Community Facilities Program as part of the
current Community Facilities Program. Provides technical assistance and planning assistance
to rural communities in developing essential community facilities. Reauthorizes such sums
as necessary for FY2013-FY2017, subject to annual appropriations. Section 3502(a)-
(d)(e)(g) of the ConAct. [Sec. 6001]
CRS-46

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Rural Business and Cooperative Development
Rural Business Opportunity Grants. Provides grant assistance of up to $1.5
Eliminates the program, but consolidates the program’s objectives within a broad rural
million to identify business opportunities that will use local rural resources, to
business development grants program. Authorizes $65 million annually for the broader
train and provide technical assistance to existing or prospective rural
program for FY2013-FY2017, subject to appropriations. Section 3601(a] of the ConAct.
entrepreneurs, to establish business support centers, and to support local and
[Sec. 6001]
regional economic development planning. Authorizes $15 million annual y for
FY2008-FY2012, subject to appropriations. [7 U.S.C. 1926(a)(11)]
Rural Business Enterprise Grants. Provides grant support of up to $50,000
Eliminates the program, but consolidates the program’s objectives within a broad rural
to public bodies and nonprofit corporations for measures designed to facilitate
business development grants program. Authorizes $65 million annually for the broader
small and emerging business enterprises, or the creation and expansion of rural
program (as above) for FY2013-FY2017, subject to appropriations. Section 3601(a)of the
distance learning networks, among other eligible activities. Subject to annual
ConAct. [Sec. 6001]
appropriations. [7 U.S.C. 1932(c)]
Value-Added Producer Grants. Provides grant support to agricultural
Reauthorizes funding for Value-Added Agricultural Producer Grants at $40 million annually
producers to undertake projects that add value to commodities and thereby
for FY2013-FY2017, subject to appropriations. Establishes priority for projects in which at
increase producer income. Also supports planning and business development for
least 25% of the project recipients are beginning farmers or ranchers or social y
value-added projects. Subject to annual appropriations from the Rural
disadvantaged farmers or ranchers. Section 3601(b) of the ConAct. [Sec. 6001]
Cooperative Development Grants program. [7 U.S.C. 1621]
Rural Cooperative Development Grants. Facilitate the creation of jobs in
Reauthorizes funding for Rural Cooperative Development Grants at $50 million annually
rural areas through the development of new rural cooperatives, value-added
for FY2013-FY2017 subject to appropriations. Includes directive to coordinate an
processing, and rural businesses. Authorizes $50 million annually for FY2008-
interagency working group among federal agencies to support cooperative development.
FY2012, subject to annual appropriations. [7 U.S.C. 1932(e)(5)]
Section 3601(c) of the ConAct. [Sec. 6001]
Appropriate Technology Transfer for Rural Areas (ATTRA). Provides
Reauthorizes funding for ATTRA at $5 million annual y for FY2013-FY2017, subject to
grant support at an agricultural institution (e.g., universities) for information
appropriations. Section 3601(d) of the ConAct. [Sec. 6001]
activities to agricultural producers. Authorizes $5 million annually for FY2008-
FY2012, subject to appropriations. [7 U.S.C. 1932]
Business and Industry Direct and Guaranteed Loans. Provides loans for a
Reauthorizes funding of $75 million annually for FY2013-FY2017, subject to appropriations.
wide variety of projects to support business development in rural areas and to
Raises initial fee to 3% from current authorization of 2%. Reauthorizes a 5% carve-out of
increase and retain jobs in rural areas. Subject to annual appropriations. (Note:
guaranteed loan authority for Locally or Regionally Produced Agricultural Food Products.
Direct loan program has not been funded since 2002.) [7 U.S.C. 1932(a)(2)(A)] Section 3601(e) of the ConAct. [Sec. 6001]
Intermediary Relending Program (IRP). The IRP provides direct loans at 1%
Reauthorizes funding for IRP at $50 million annual y for FY2013-FY2017, subject to
interest to intermediaries to finance business facilities and community
appropriations. Section 3601(f)(1) of the ConAct. [Sec. 6001]
development projects in rural areas of 25,000 population or less. The Rural
Business Service loan to an intermediary is used to establish or fund a revolving
loan program to provide financial assistance to ultimate recipients for community
development projects, establishment of new businesses or expansion of existing
businesses. Subject to annual appropriations. [7 U.S.C 1932]
CRS-47

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Rural Microentrepreneur Assistance Program. Provides grant support to
Reauthorizes funding for Rural Microentrepreneur Assistance Program at $40 million
third-party entities who assist rural entrepreneurs in establishing
annual y for FY2013-FY2017, subject to appropriations. Section 3601(f)(2) of the ConAct.
microenterprises in rural areas. Authorizes $4 million in mandatory spending for
[Sec. 6001]
FY2009-FY2011 and $3 million for FY2012. Also authorizes $40 million annual y in
discretionary spending for FY2009-FY2012, subject to appropriations. [7 U.S.C.
1981 et seq.]
Rural Business Investment Program. Modeled on the Small Business
Reauthorizes funding for Rural Business Investment Program at $25 million annually
Administration’s Small Business Investment Companies, the Rural Business
through FY2017 subject to appropriations. Provides authority for USDA to establish capital
Investment Program provides funding to help capitalized Rural Business
requirements, establish fees for applicants applying for a license to operate as a rural
Companies that, in turn, provide loans to rural businesses. Authorizes $50 million
business investment company, and ensures the majority of capital of each rural business
for the period FY2008-FY2012, subject to appropriations. [7 U.S.C. 2009cc et
company is invested in rural concerns. Section 3602of the ConAct. [Sec. 6001]
seq.]
Rural Business Collaborative Investment Program. Provides loan and
Eliminates the program.
grant support to rural regions to establish regional competitiveness by fostering
collaboration among rural businesses, rural institutions, and entrepreneurs.
Establishes multijurisdictional and multisectoral Regional Rural Investment Boards
and provides Regional Innovation Grants. Authorizes $135 million for the period
FY2008-FY2012, subject to annual appropriations. Program was never
implemented. [7 U.S.C. 2009dd]
General Rural Development Provisions
General authority for USDA to award grants and to make and guarantee loans to Reauthorizes and contains general provisions for loan and grant authority. Section 3701of
various entities [7 U.S.C. 1926]
the ConAct. [Sec. 6001]
No comparable provision.
Strategic Economic and Community Development. Authorizes USDA to prioritize
otherwise eligible applications that support strategic economic and community
development and establishes criteria for evaluating applications. Section 3703(a)of the
ConAct. [Sec. 6001]
Rural Development Insurance Fund. Authorizes a revolving fund for the
Continues permanent authority for the Rural Development Insurance Fund. Section 3704
discharge of the obligations of USDA under contracts guaranteeing or insuring
of the ConAct. [Sec. 6001]
rural development loans. Funds not needed for current operations are deposited
in the U.S. Treasury for credit to the fund, or invested in obligations guaranteed
by the United States [7 U.S.C. 1929a]
Rural Economic Area Partnership (REAP). The program assists
Establishes process for USDA to designate new Rural Economic Area Partnership zones.
communities dealing with geographic and economic isolation, low density
Section 3705(a) of the ConAct. [Sec. 6001]
population, absence of nearby metropolitan centers, historic dependence on
agribusiness, out-migration, and economic upheaval to develop strategies for
revitalization Zones. [7 U.S.C. 1932]
CRS-48

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Rural Telecommunications and Electrification: Rural Electrification Act
Definition of Rural Area. Defines rural and rural area to mean any area other
Amends the definition of rural area for programs authorized by the Rural Electrification Act
than a city or town or unincorporated place with a population greater than
to be the same as the definition in Section 3002 (28)(A)(i): any area other than a city or
20,000 residents, and any area within the service area of an electric, telephone, or town with a population greater than 50,000 and the urbanized area contiguous and adjacent
telephone bank borrower under Section 13(3)the Rural Electrification Act. [7
to such a city or town. [Sec. 6101]
U.S.C. 913]
Access to Broadband Telecommunications Services in Rural Area.
Reauthorizes funding for Access to Broadband Telecommunications Services in Rural Areas
Provides loan guarantees to establish broadband telecommunications
program at $50 million annually for 2008-2017, subject to appropriations. Amends Section
infrastructure in rural areas. Subject to annual appropriations. [7 U.S.C. 950bb]
601 of the Rural Electrification Act to establish a grant component to the Broadband Loan
Program. Establishes priorities for communities: 1)without a local service provider, 2) with
populations of less than 20,000, 3) with a high proportion of low-income residents, and 4)
experiencing significant out-migration. Also establishes a maximum grant limit of 50% of a
project’s development costs, but gives USDA the authority to increase the grant amount to
75% for remote communities and those with low-income residents. [Sec. 6104]
Expansion of 911 Access. Authorizes expanding the emergency telephone
Reauthorizes through FY2017. [Sec. 6103]
service of 911 in rural areas by using any funds otherwise made available for
telephone loans for each of FY2008-FY2012. Section 315(d) of the Rural
Electrification Act. [7 U.S.C. 940(e)d]
Distance Learning and Telemedicine Program. Provides grants to rural
Reauthorizes funding for Distance Learning and Telemedicine Program at current level
hospitals, clinics, schools, and libraries to develop and improve their
through 2017. [Sec. 6201]
telecommunications infrastructure. Section 233A of the Food, Agriculture,
Conservation, and Trade Act of 1990. Authorizes funding of $100 million annual y
through FY2012, subject to appropriations. [7 U.S.C. 950aaa]
No comparable provision.
Amends Subtitle E of Title VI of the 2002 farm bill (P.L. 101-171) to authorize a new Rural
Energy Savings Program, which would provide 0% interest loans to eligible Rural Utilities
Service borrowers to fund loans to qualified consumers to implement energy efficiency
measures. [Sec. 6402]
Regional Development Authorities
Delta Regional Authority. The Authority is an 8-state state-federal regional
Reauthorizes funding through FY2017 for the Delta Regional Authority at the current level
planning and development entity that provides loan and grant support for
of $30 million annual y, subject to appropriations. Also makes technical amendments to the
economic development projects in rural counties in the Mississippi Delta area.
operation of the Authority. Sections 3801 through 3814 of the ConAct. [Sec. 6001]
Authorizes $30 million annual y for FY2008-2012 subject to appropriations. [7
U.S.C. 2009aa et seq.]
CRS-49

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Northern Great Plains Regional Authority. Authorizes an economic
Reauthorizes funding through FY2017 for the Northern Great Plains Regional Authority at
development commission that develops regional plans and makes loans and grants
the current level of $30 million annual y, subject to appropriations. Also makes technical
for infrastructure and economic development in five Great Plains States.
amendments to the authority. Increases the cap on administrative expenses from 5% to
Authorizes $30 million annual y for FY2008-2012, subject to appropriations. [7
10%. Sections 3821 through 3835 of the ConAct. [Sec. 6001]
U.S.C. 2009bb et seq.]

NOTE: See also Title XII-Miscellaneous, Section 12205, for changes made in the
Senate bill to other regional commissions authorized by the 2008 farm bill.











CRS-50

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title VII. Research, Extension, and Related Matters
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Foundation for Food and Agricultural Research
No comparable provision.
Provides mandatory funding of $100 million to establish the “Foundation for Food and
Agriculture Research,” a new nonprofit corporation designed to supplement USDA’s basic
and applied research activities. It will solicit and accept private donations to award grants
for col aborative public/private partnerships with scientists at USDA and in academia, non-
profits, and the private sector. The foundation will be exempt from taxation under section
501(a) of the Internal Revenue Code of 1986. [Sec. 7601]
National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA), As Amended
Authorizes the National Agricultural Research, Extension, Education, and
Extends authority through FY2017 and adds “consult with industry groups” to the Board’s
Economics Advisory Board. The Board reviews and provides consultation on
list of duties. [Sec. 7101]
priorities for research, extension, education, and economics to the Secretary,
land-grant col eges and universities, and Congress. [7 U.S.C. 3123]
Amended by the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465) to
Amends the requirements to provide for diversity of the specialty crops represented, and
establish and allow USDA to appoint members to, a permanent specialty crops
to ensure ongoing consultation with diverse sectors of the specialty crop industry. [Sec.
committee responsible for studying the scope and effectiveness of research,
7102]
extension, and economics programs affecting the specialty crop industry. [7
U.S.C. 3123a]
Authorizes a program to defray the school loans of veterinary medical school
Authorizes an additional matching competitive grant program with qualified entities to
graduates who agree to serve for limited time periods in underserved areas.
develop, implement, and sustain veterinary services. Authorizes $10 million per year,
Funding subject to appropriations. [7 U.S.C. 3151a]
subject to annual appropriations. [Sec. 7103]
Authorizes grants/fellowships to land grant colleges and universities for food and
Reauthorizes at $40 million per year for FY2013-17, subject to appropriations. [Sec. 7104]
agricultural sciences education. Annual appropriations of $60 million authorized
through FY2012. [7 U.S.C. 3152]
Authorizes USDA to enter into a wide variety of grants and other col aborative
Reauthorizes at $5 million per year, subject to appropriations. Provides preference to
agreements with private and public educational institutions, corporations, and
policy research centers that have extensive databases, models, and demonstrated
individuals to conduct independent research and public policy analysis on food and experience in providing Congress with agricultural projections and analysis at the farm,
agriculture. Appropriations of such sums as necessary are authorized through
regional, national, and international levels. [Sec. 7105]
FY2012. [7 U.S.C. 3155]
Authorizes USDA to make grants to Alaska Native-serving institutions to assist in
Reauthorizes at $10 million per year for FY2013-17, subject to appropriations. [Sec. 7106]
carrying out education, applied research, and related community development
programs. Annual appropriations of $10 million authorized through FY2012. [7
U.S.C. 3156]
CRS-51

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Authorizes USDA to establish a national education program for disseminating
Reauthorizes at $90 million per year for FY2013-2017, subject to appropriations. [Sec.
results of food and human nutrition research performed or funded by USDA.
7107]
Annual appropriations of $90 million authorized through FY2012. [7 U.S.C.
3175]
Authorizes animal health and disease research. [7 U.S.C. 3195(a)]
Reauthorizes at $25 million per year for FY2013-2017, subject to appropriations. [Sec.
7108]
Authorizes annual appropriations of $25 million through FY2012 for NARETPA
Reauthorizes at $25 million per year and $8 million per year, respectively, for FY2013-
Grants to upgrade agricultural and food sciences facilities at 1890 land grant
2017, subject to appropriations. [Sections 7109 and 7110]
colleges, including Tuskegee University. [7 U.S.C. 3222b(b)] Annual
appropriations of $8 million authorized through FY2012 for insular area land-
grant institutions. [7 U.S.C. 3222b–2(d)]
Authorizes grants to Hispanic-serving institutions to strengthen educational
Reauthorizes at $40 million per year for FY2013-2017, subject to appropriations. [Sec.
capacity. Annual appropriations of $40 million authorized through FY2012. [7
7111]
U.S.C. 3241]
Authorizes competitive grants for international agricultural science and education
Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations. [Sec.
programs. Appropriations of such sums as necessary are authorized through
7112]
FY2012. [7 U.S.C. 3292b]
Authorizes university agricultural research. Appropriations of such sums as
Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7113]
necessary are authorized through FY2012. [7 U.S.C. 3311]
Authorizes agricultural extension activities. Appropriations of such sums as
Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7114]
necessary are authorized through FY2012. [7 U.S.C. 3312]
Authorizes research on supplemental and alternative crops, subject to
Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations, and
appropriations. [7 U.S.C. 3319d]
amends so that only competitive grants can be awarded. [Sec. 7115]
Authorizes competitive grants to non-land grant colleges of agriculture.
Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7116]
Appropriations of such sums as necessary are authorized through FY2012. [7
U.S.C. 3319i(b)]
Authorizes grants for a cooperative research and extension program to
Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations, and
encourage the development, management, and production of aquatic food
amends so that only competitive grants can be awarded. [Sec. 7117]
species. [7 U.S.C. 3322(b)]
Authorizes rangeland research. Annual appropriations of $10 million authorized
Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations. [Sec.
through FY2012. [7 U.S.C. 3336(a)]
7118]
Authorizes biosecurity planning/response. Appropriations of such sums as
Reauthorizes at $20 million per year for FY2013-2017, subject to appropriations. [Sec.
necessary are authorized through FY2012. [7 U.S.C. 3351(a)]
7119]
CRS-52

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Authorizes resident instruction & distance education grants for insular area
Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations, and
institutions of higher education. Appropriations of such sums as necessary are
amends so that only competitive grants can be awarded. [Sec. 7120]
authorized through FY2012. [7 U.S.C. 3362(a)]
Food, Agriculture, Conservation, and Trade Act of 1990, As Amended
Provides for research on best utilization of biological applications. Annual
Reauthorizes at $40 million per year for FY2013-2017, subject to appropriations. [Sec.
appropriations of $40 million authorized. [7 U.S.C. 5814]
7201]
Provides for a research and education program on integrated resource
Reauthorizes at $20 million per year for FY2013-2017, subject to appropriations. [Sec.
management and integrated crop management. Annual appropriations of $20
7202]
million authorized. [7 U.S.C. 5821]
Provides for information on sustainable agriculture. Appropriations of such sums
For FY2013-17, reauthorizes at such sums as necessary [Sec. 7203] and $20 million per
as necessary are authorized. [7 U.S.C. 5831] Education/training for Cooperative
year [Sec. 7204], subject to appropriations.
Extension Service agents and other professionals is also provided. Annual
appropriations of $20 million authorized. [7 U.S.C. 5832]
Provides for a national genetics resources program. Appropriations of such sums
Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations. [Sec.
as necessary are authorized through FY2012. [7 U.S.C. 5844(b)]
7205]
Provides for a national agricultural weather information system. Annual
Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations. [Sec.
appropriations of $5 million authorized through FY2012. [7 U.S.C. 5855(c)]
7206]
Provides for research and extension on a number of high-priority topics, including
Reauthorizes at $25 million per year for FY2013-2017, subject to appropriations. Adds a
aflatoxin, prickly pears, and deer tick ecology. Annual appropriations of $10
new pulse crop health and extension initiative to address the critical needs of the pulse
mil ion authorized through FY2012. [7 U.S.C. 5925]
crop industry. [Sec. 7207]
Establishes the Organic Agriculture Research and Extension Initiative (OREI),
Reauthorizes OREI with some program changes. Provides CCC funds of $16 million
providing grants to facilitate the development of organic agriculture production
(FY2013-FY2017) and extends authority for appropriated funding of $25 million through
and processing. Provides mandatory CCC funds of $18 million (FY2009) and $20
FY2017. [Sec. 7208]
mil ion annual y (FY2010-FY2012), and authorizes annual appropriations of $25
mil ion (FY2009-FY2012). [7 U.S.C. 5925b]
Authorizes competitive research and extension grants for improving the farm
Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations. [Sec.
business management knowledge and skills of agricultural producers.
7209]
Appropriations of such sums as necessary are authorized. [7 U.S.C. 5925f(d)]
Authorizes regional centers of excellence. Appropriations of such sums as
Reauthorizes at $10 million per year for FY2013-2017, subject to appropriations. [Sec.
necessary are authorized through FY2012. [7 U.S.C. 5925]
7210]
Authorizes an assistive technology program for farmers with disabilities. Annual
Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations. [Sec.
appropriations of $6 million authorized through FY2012. [7 U.S.C. 5933(c)(1)]
7211]
Authorizes National Rural Information Center Clearinghouse. Annual
Reauthorizes at $500,000 per year for FY2013-2017, subject to appropriations. [Sec.
appropriations of $500,000 authorized through FY2012. [7 U.S.C. 3125b(e)]
7212]
CRS-53

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Agriculture Research, Extension, and Education Reform Act of 1998 (AREERA), As Amended
USDA establishes procedures that provide for scientific peer review of
Amends law to emphasize that “relevance” of the underlying research and extension
agricultural research grants administered, on a competitive basis, by its National
programs to the affected industry shall be considered in evaluating grant applications. [Sec.
Institute of Food and Agriculture. [7 U.S.C. 7613]
7301]
Section 406, as amended, establishes the “Integrated Research, Education, And
Reauthorizes program and extends authority to appropriate funds for FY2013-2017. [Sec.
Extension Competitive Grants Program.” Included is the Organic Transitions
7302]
Program (ORG), which funds research, extension, and education programs to
improve the competitiveness of organic producers and producers transitioning to

organic practices. Appropriations of such sums as necessary are authorized
through FY2012. [7 U.S.C. 7626]
Section 408(e) authorizes research on diseases of wheat, triticale, and barley
Reauthorizes program at $10 million per year for FY2013-2017, subject to appropriations.
caused by Fusarium graminearum or by Tilletia indica. Appropriations of such
[Sec. 7303]
sums as necessary are authorized through FY2012. [7 U.S.C.7628(e)]
Section 410(d) authorizes grants for youth organizations. Appropriations of such
Reauthorizes program at $3 million per year for FY2013-2017, subject to appropriations.
sums as necessary are authorized through FY2012. [7 U.S.C.7630(d)]
[Sec. 7304]
Section 7311 of the 2008 farm bill amended the AREERA to establish the Specialty Reauthorizes SCRI. Provides mandatory CCC funds of $25 million (FY2013); $30 million
Crop Research Initiative (SCRI), providing mandatory CCC funds of $30 million
annual y (FY2014-FY2015); $65 mil ion (FY2016); and $50 million (FY2017 and each fiscal
(FY2008) and $50 million annually (FY2009-FY2012), plus authorizes $100 million
year thereafter). Extends authority to appropriate funds through FY2017. Requires USDA
annual y (FY2008-FY2012), subject to appropriations. [7 U.S.C. 7632]
consult with the specialty crops committee during the peer and merit review process. [Sec.
7305]
Sec. 604 of AREERA authorizes the Food Animal Residue Avoidance Database.
Reauthorizes program and extends authority to appropriate funds for FY2013-2017. [Sec.
Appropriations of such sums as necessary are authorized through FY2012. [7
7306]
U.S.C. 7642]
AREERA establishes the Office of Pest Management Policy to coordinate USDA’s
Reauthorizes appropriations of $3 million annually (FY2013- FY2017). [Section 7307]
policies and activities related to pesticides and pest management tools. Authorizes Amends Title VI of AREERA [7 U.S.C. 7651 et seq.] to establish four “Regional
appropriations of such sums as necessary through FY2012. [7 U.S.C. 7653]
Integrated Pest Management Centers” (located in the north central, northeastern,
southern, and western regions) to provide research and extension programs, outreach, and
response to information needs, among other purposes. [Sec. 7308]
Authorities in Other Laws

Provides for development of critical agricultural materials. Appropriations of such
Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations. [Sec.
sums as necessary are authorized through FY2012. [7 U.S.C. 178n]
7401]
1994 institutions (tribally controlled colleges) are defined. [7 U.S.C. 301]
Updates the list of institutions. Makes changes in grant process. [Sec. 7402]
Authorizes funding for costs of agricultural research facilities (experiment
Extends authority to appropriate funds through FY2017. [Sec. 7403]
stations) under the Research Facilities Act. Appropriations of such sums as
necessary are authorized through FY2012. [7 U.S.C. 390d(a)]
CRS-54

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
The Agriculture and Food Research Initiative (AFRI) makes competitive grants for
Reauthorizes at $700 million per year for AFRI through FY2017. Directs USDA to
fundamental and applied research, and for purchasing research equipment.
streamline the competitive grant process for eligible institutions with limited resources.
Authorized funding at $700 million annually from FY2008 through FY2012, subject [Sec. 7404]
to appropriations. [7 U.S.C. 450i]
USDA operates a National Agricultural Library to serve as the primary
Reauthorizes through FY2017 the authority to lease property of the Beltsville Agricultural
agricultural information resource of the United States. [7 U.S.C. 3125a]
Research Center or the Library to any individual or entity. [Sec. 7405]
The Renewable Resources Extension Act of 1978 (P.L. 95-306) authorizes
Reauthorizes at $30 million per year for FY2013-2017, subject to appropriations. [Sec.
educational and technical aid via state extension agencies and eligible universities
7406]
and col eges. Authorizes annual appropriations of $30 million (FY2009-FY2012).
[16 U.S.C. 1671-1676]
Section 10 of the National Aquaculture Act of 1980 establishes USDA as the lead
Extends authority to appropriate funds through FY2017. [Sec. 7407]
Federal agency for coordinating and disseminating national aquaculture
information. Authorizes annual appropriations of $3 million through FY2012. [16
U.S.C. 2801]
Establishes the Beginning Farmer and Rancher Development Program; provides
Provides for a one-time mandatory funding of $50 million in FY2013 (to be available until
training, education, outreach/technical assistance initiatives. Provides mandatory
expended) and extends authority to appropriate funds through FY2017. List of groups
CCC funds of $18 million (FY2009) and $19 million annual y (FY2010-FY2012),
receiving funding set-aside (not less than 25% of total) is expanded to include military
plus authorizes $30 million annually (FY2008-FY2012), subject to appropriations.
veterans. [Sec. 7408]
[7 U.S.C. 3319f]
Food, Conservation, and Energy Act of 2008
Establishes a communication center to prepare for an agricultural disease
Reauthorizes programs at $2 million per year for FY2013-2017, subject to appropriations.
emergency or threat to agricultural biosecurity. Appropriations of such sums as
[Sec. 7501]
necessary are authorized for FY2008 through FY2012. [7 U.S.C. 8912]

Provides assistance to build local capacity in agricultural biosecurity planning,
Reauthorizes at $15 million per year for FY2013-2017, subject to appropriations. [Sec.
preparedness, and response. Appropriations of such sums as necessary are
7502]
authorized for FY2008 through FY2012. [7 U.S.C. 8913]
Establishes a competitive grant program to promote the development of teaching
Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations. [Sec.
programs in disciplines closely allied to the food and agriculture system to
7504]
increase the number of trained individuals with an expertise in agricultural
biosecurity. Appropriations of such sums as necessary are authorized for FY2008
through FY2012. [7 U.S.C. 8922(e)]
Establishes a competitive grant program to encourage basic and applied research
Reauthorizes program at $15 million per year for FY2013-2017, subject to appropriations..
and the development of qualified agricultural countermeasures to respond to an
[Sec. 7503]
outbreak of plant disease. Annual appropriations of $50 million are authorized for
FY2008 through FY2012. [7 U.S.C. 8921(b)]
CRS-55

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Prohibits the Grazinglands Research Laboratory at El Reno, Oklahoma from being
Reauthorizes provision through FY2017. [Sec. 7511]
declared excess or surplus Federal property.
In the annual budget process, the President is required to submit to Congress a
Requires the budget submission to include sufficient information for Congress to
single budget line item reflecting the total amount requested by the President for
thoroughly evaluate and approve future spending plans with regard to extramural
funding for research, education, and extension activities of the Research,
competitive grants programs and intramural research spending. New language is added to
Education, and Economics mission area of USDA for each fiscal year and for the
create transparency and accountability for USDA research programs. [Sec. 7512]
preceding 5 years. [7 U.S.C. 7614c]
Establishes a program of research relating to natural products, including products
Reauthorizes at $7 million per year for FY2013-2017, subject to appropriations. [Sec.
from plant, marine, and microbial sources. Appropriations of such sums as
7513]
necessary are authorized for FY2008 through FY2012. [7 U.S.C. 5937]
Establishes bioenergy research programs through “sun” grants to land grant
Consolidates and amends the Sun Grant Program to expand input from other appropriate
institutions and five regional centers. The research is to enhance national energy
federal agencies and replace authority for gasification research with bioproducts research.
security through the development, distribution, and implementation of biobased
Makes program competitive by removing designation of certain universities as regional
energy technologies. Annual appropriations of $75 million (FY2008-FY2012) are
centers. Reauthorizes at $75 million per year for FY2013-2017, subject to appropriations.
authorized [7 U.S.C. 8114]
[Sec. 7514]













CRS-56

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title VIII. Forestry
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Program Repeal
Sec. 4 of the Cooperative Forestry Assistance Act of 1978 (CFAA, P.L. 95-313),
Repeals FLEP, effective October 1, 2012. [Sec. 8001]
as amended, authorizes and establishes the Forest Land Enhancement Program
(FLEP) between FY2002-FY2008. The program was not reauthorized in the 2008
farm bill. [16 U.S.C. 2301]
Sec. 6 of the CFAA, as amended, authorizes and establishes the Watershed
Repeals WFAP, effective October 1, 2012. [Sec. 8002]
Forestry Assistance Program (WFAP) between FY2004-FY2008. Funding has
never been appropriated. [16 U.S.C. 2301b]
Sec. 18 of the CFAA, as amended, authorizes and establishes the Cooperative
Repeals the Cooperative National Forest Products Marketing Program, effective October
National Forest Products Marketing Program between FY1988-FY1991. Since
1, 2012. [Sec. 8003]
FY1993, funding is appropriated through the Economic Action Program (EAP)
administered by the U.S. Forest Service. [16 U.S.C. 2112]
S. 8402 of the 2008 farm bill, as amended, authorizes the Hispanic-serving
Repeals the Hispanic-serving institution agricultural land national resources leadership
institution agricultural land national resources leadership program to provide
program, effective October 1, 2012. [Sec. 8004]
undergraduate forestry scholarships. Funding has never been appropriated. [16
U.S.C. 1649a]
Sec. 303 of the Healthy Forest Restoration Act of 2003 (HFRA, P.L. 108-148), as
Repeals the Tribal watershed forestry assistance program, effective October, 1, 2012. [Sec.
amended, authorizes and establishes the Tribal watershed forestry assistance
8005]
program between FY2004-FY2008. Funding has never been appropriated. [16.
U.S.C. 6542]
Reauthorization of Forestry-Related Programs
Sec. 2A(f)(1) of the CFAA, as amended, authorizes up to $10 million in annual
Reauthorizes funding to carry out the state-wide assessment and strategies for forest
appropriations between FY2008-FY2012 to carry out the state-wide assessment
resources at $10 million annual y through FY2017. [Sec. 8101]
and strategies for forest resources. [16 U.S.C. 2101a(f)(1)]
Sec. 5(h) of the CFAA, as amended, permanently authorizes such sums as
Eliminates permanent authority to receive annual appropriations of such sums as necessary,
necessary to be appropriated each fiscal year after 1996, to carry out the Forest
instead authorized to receive $50 million annual y through for FY2013-FY2017, subject to
Stewardship Program (FSP). FSP was created to improve timber production and
appropriations. [Sec. 8102]
environmental protection on nonfederal forest lands and received average annual
appropriations of approximately $30 million from FY2008-FY2012. [16 U.S.C.
2103a(h)]
Sec. 7 of the CFAA, as amended, permanently authorizes such sums as necessary
Eliminates permanent authority to receive annual appropriations of such sums as necessary,
to be appropriated to carry out the Forest Legacy Program (FLP). FLP was
instead authorized to receive $200 million annual y through for FY2013-FY2017, subject to
created to protect forests that might soon be cleared for non-forest uses and
appropriations. Provides flexibility for using other funding sources. [Sec. 8103]
received average annual appropriations of approximately $58 million from
FY2008-FY2012. [16 U.S.C. 2103c]
CRS-57

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Sec. 7a of the CFAA, as amended, permanently authorizes such sums as necessary Eliminates permanent authority to receive annual appropriations of such sums as necessary,
to be appropriated to carry out the Community Forest and Open Space
instead authorized to receive $50 million annual y through for FY2013-FY2017, subject to
Conservation program. The program provides financial assistance to local
appropriations. [Sec. 8104]
governments, tribes, and nonprofit organizations for preventing the conversion of
forestland to non-forest uses. Appropriations between FY2010-FY2012 for this
program were less than $2 million annually. [16 U.S.C. 2103d]
Sec. 9i of the CFAA, as amended, permanently authorizes such sums as necessary
Eliminates permanent authority to receive annual appropriations of such sums as necessary,
to be appropriated to carry out urban and community forestry assistance. The
instead authorized to receive $50 million annual y through for FY2013-FY2017, subject to
program was created to expand awareness and use of urban tree cover and
appropriations. [Sec. 8105]
received an average annual appropriations of approximately $30 mil ion from
FY2008-FY2012. [16 U.S.C. 2105i]
Sec. 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990
Reauthorizes funding to carry out the rural revitalization technologies program at $5
(P.L. 101-624, 1990 farm bill), as amended, authorizes appropriations of $5 million mil ion annual y through FY2017 subject to appropriations. [Sec. 8201]
annual y through FY2012 to carry out the rural revitalization technologies
program. [7 U.S.C. 6601(d)(2)]
Sec. 2405 of the Global Climate Change Prevention Act of 1990 (within the 1990
Eliminates authority to receive such sums as necessary, instead reauthorizes the Office of
farm bill), as amended, authorizes such sums as necessary to be appropriated to
International Forestry at $10 million annually for FY2013-FY2017, subject to
administer the Office of International Forestry until FY2012. The office received
appropriations. [Sec. 8202]
an average annual appropriations of approximately $7.5 million from FY2008-
FY2012. [7 U.S.C. 6704]
Sec. 401 of the HFRA, as amended, lists insects and diseases identified by
Adds the mountain pine beetle to the list of insect infestations and diseases identified by
Congress as adversely affecting forest health. [16 U.S.C. 6551(a)]
Congress. [Sec. 8203(a)]
No comparable provision.
Requires USDA to designate treatment areas in at least one national forest in each state, if
requested by the Governor of the state, where there is declining forest health from insect
or disease infestation. Authorizes appropriations of $100 million annually through FY2017.
New Sec. 405 of the HFRA [Sec. 8203(b)]
Sec. 406 of the HFRA, as amended, authorizes such sums as necessary to be
Reauthorizes funding to carry out the assessment program at such sums as necessary
appropriated to carry out an insect and disease assessment program though
annual y through FY2017, subject to appropriations. Amended Sec. 407. [Sec. 8203(c)]
FY2008. [16 U.S.C. 6556]
Sec. 508 of the HFRA, as amended, authorizes the Healthy Forests Reserve
Eliminates mandatory funding authority and replaces with authorization to receive
Program (HFRP) to receive $9.75 million of mandatory funding annually through
appropriations of $9.75 million annually through FY2017. Provides flexibility for funding
FY2012. [16 U.S.C. 3578]
technical assistance. [Sec. 8204]
CRS-58

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Sec. 347 of the Department of the Interior and Related Agencies Appropriations
Repeals current authority and adds similar provisions to create a new Sec. 602 of the
Act of 1999 (P.L. 105-277), as amended, authorizes the Forest Service and Bureau
HFRA, as amended. Authorizes stewardship contracts, of 5-10 years, to achieve land
of Land Management to enter into stewardship end-result contracting projects
management goals. Includes performance, monitoring, evaluation, and reporting
(stewardship contracts) to enter into contracts or agreements for services to
requirements. [Sec. 8205]
achieve land management goals and meet local and rural community needs.
Authority expires September 30, 2013. [16 U.S.C. 2104, note]
Miscellaneous Provisions
Sec. 502(e)(3) of the HFRA, as amended, authorizes the enrol ment of acreage
Adds a definition of ‘acreage owned by Indian tribes.’ Enrollment options are unchanged.
owned by Indian tribes into HFRP through 30-year contracts, 10-year cost-share
[Sec. 8206]
agreements, or any combination thereof. [16 U.S.C. 6572(e)(3)]
Sec. 4 of the McIntire-Stennis Cooperative Forestry Act (P.L. 87-788), as
Waives the matching requirements for 1890 Institutions for allocations below $200,000.
amended, establishes funding requirements for college and university forestry-
[Sec. 8301(a)]
related research. [16 U.S.C. 582a-3]
Sec. 8 of the McIntire-Stennis Cooperative Forestry Act, as amended, defines
Adds Federated States of Micronesia, American Samoa, and the Northern Mariana Islands
‘states’ as including Puerto Rico, the Virgin Islands, and Guam. [16 U.S.C. 582a-
to the definition of ‘state.’ [Sec. 8301(b)]
7]
Sec. 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 Requires USDA to revise the strategic plan for forest inventory and analysis and report
(P.L. 95-307), as amended, requires USDA to establish a program to inventory
revisions to congress. [Sec. 8302]
and analyze public and private forests and their resources. [16 U.S.C. 1642(e)]






CRS-59

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title IX. Energy
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Definitions
Advanced Biofuel: Fuel derived from renewable biomass other than corn
Same as current law. [Sec. 9001]
kernel starch. Includes biofuel derived from sugar and starch other than corn
kernel starch, renewable biodiesel, biogas produced from organic matter, as well
as other fuels (e.g., home heating fuels, and aviation and jet fuels) from cellulosic
biomass (including organic waste material). [7 U.S.C. 8101(3)]
Biobased Product: A commercial or industrial product (i.e., intermediate,
Same as current law. [Sec. 9001]
feedstock, or end product) composed in whole or in part of biological products
including renewable agricultural and forestry materials. [7 U.S.C. 8101(4)]
Biofuel: A fuel derived from renewable biomass. [7 U.S.C. 8101(5)]
Same as current law. [Sec. 9001]
Biomass Conversion Facility: A facility that converts renewable biomass into
Same as current law. [Sec. 9001]
heat, power, biobased products, or advanced biofuels. [7 U.S.C. 8101(6)]
Biorefinery: A facility (including equipment and processes) that converts
Same as current law. [Sec. 9001]
renewable biomass into biofuels and biobased products, and may produce
electricity. [7 U.S.C. 8101(7)]
Renewable Biomass: Includes- (A) materials, pre-commercial thinnings, or
Same as current law. [Sec. 9001]
invasive species from National Forest System land and public lands that are:
byproducts of designated preventive treatments (removed to reduce hazardous
fuels, to reduce or to contain disease or insect infestation, or to restore
ecosystem health), not used for higher value products, and harvested in
accordance with applicable law and land management plans and requirements for
old-growth maintenance, restoration, and management and large-tree retention,
or (B) any organic matter available on a recurring basis from non-federal or Indian
land including: renewable plant material (including agricultural commodities, plants
and trees, and algae) and waste material (including crop residue, vegetative waste,
wood waste and residues, animal waste and byproducts, and food and yard
waste). [7 U.S.C. 8101(12)]
Renewable Energy: Energy derived from a wind, solar, renewable biomass,
Same as current law. [Sec. 9001]
ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric
source. [7 U.S.C. 8101(13)]
No comparable definition.
Renewable Chemical: A monomer, polymer, plastic, formulated product, or chemical
substance produced from renewable biomass. [Sec. 9001]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Authorized Programs
Biobased Markets Program: Extended by the 2008 farm bill. Requires
Extends the Biobased Markets Program through FY2017 subject to additional reporting
federal agencies to purchase products with maximum biobased content subject to
requirements by procuring federal agencies. Adds an outreach, education, and promotion
availability and flexibility and performance standards. Minimum biobased content
component to increase awareness of biobased products. Mandates study (and report) by
standards applied to federal contracts on case-by-case basis. Continued voluntary USDA to assess economic impact of biobased product industry, due 180 days after
labeling. Authorized mandatory funding of $1 million for FY2008 and $2 million
enactment. Encourages expedited review and approval of forest-related biobased products.
annual y for FY2009-FY2012. Authorized to be appropriated $2 mil ion annual y
Authorizes mandatory funding of $3 million annually for FY2013-FY2017. Authorizes to be
for FY2009-FY2012 for testing and labeling. [7 U.S.C. 8102]
appropriated $2 million annually for FY2013-FY2017. [Sec. 9002]
Biorefinery Assistance Program: Established by the 2008 farm bill. Assists in Biorefinery, Renewable Chemical, and Biobased Product Manufacturing
development of new and emerging technologies for advanced biofuels by
Assistance Program: Extends and expands the program to include renewable chemical
providing competitive grants (up to 30% of total project costs) and loan
and biobased product manufacturing. Authorized mandatory funding of $100 million for
guarantees (limited to $250 million or 80% of project cost) for construction
FY2013 and $58 million each for FY2014-FY2015, but not more than $25 million of
and/or retrofitting of demonstration-scale biorefineries to demonstrate the
FY2013-FY2015 may be used to promote biobased product manufacturing. Authorized to
commercial viability of one or more processes for converting renewable biomass
be appropriated $150 million annually for FY2013-FY2017. [Sec. 9003]
to advanced biofuels. Provided mandatory funding of $75 million in FY2009 and
$245 million in FY2010, available until expended, for loan guarantees. Authorized
to be appropriated $150 million annually for FY2009-12 for grants. [7 U.S.C.
8103]
Repowering Assistance Program: Established by the 2008 farm bill.
Repeals the Repowering Assistance Program and transfers the remaining funds (of
Provides funds to reduce or eliminate the use of fossil fuels for processing or
approximately $25 million to remain available until expended) to the Rural Energy for
power in biorefineries in existence at enactment. Not more than 5% of funds are
America Program (REAP). [Sec. 9004]
available to eligible producers with a refining capacity exceeding 150 million
gallons of advanced biofuel per year. Provided mandatory CCC funding of $35
mil ion for FY2009, available until expended. Authorized to be appropriated $15
mil ion annual y for FY2009-12. [7 U.S.C. 8104]
Bioenergy Program for Advanced Biofuels: Established by the 2008 farm
Extends the Bioenergy Program for Advanced Biofuels Program through FY2017.
bill. Provides payments to producers to support and expand production of
Authorizes to be appropriated $20 million annually for FY2013-FY2017. [Sec. 9005]
advanced biofuels by entering into contracts to pay producers for production of
eligible advanced biofuels. Provided mandatory funding of $55 million (FY2009),
$55 million (FY2010), $85 million (FY2011), and $105 million (FY2012).
Authorized to be appropriated $25 million annual y (FY2009-12) [7 U.S.C. 8105]
Biodiesel Fuel Education Program: Extended by the 2008 farm bill. Awards
Extends the the Biodiesel Fuel Education Program through FY2017. Authorizes mandatory
competitive grants to nonprofit organizations that educate fleet operators and the funding of $1 million annual y for FY2013-FY2017. Authorizes to be appropriated
public on biodiesel benefits. Provided mandatory CCC funding of $1 million
$1 million annual y for FY2013-FY2017. [Sec. 9006]
annual y (FY2008-FY2012). [7 U.S.C. 8106]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Rural Energy for America Program (REAP): Established by the 2008 farm
Extends REAP through FY2017. Repeals the use of REAP funds for feasibility studies.
bill. Provides financial assistance of grants, guaranteed loans, and combined
Grants are limited to the lesser of $500,000 or 25% of the cost of the RES or EEI activity,
grants and guaranteed loans for the development and construction of renewable
while loan guarantees are limited to $25 million, and the combined grant and loan
energy systems (RES) and for energy efficiency improvement (EEI) projects
guarantee may not exceed 75% of the cost of a funded activity. Adds a 3-tiered application
(eligible entities include rural small businesses and agricultural producers); grants
process with separate application processes for grants and loan guarantees for RES and EEI
for conducting energy audits and for conducting renewable energy development
projects based on the project cost: tier-1 for projects < $80,000; tier-2 for $80,000 <
assistance (eligible entities include state, tribe, or local governments, land-grant
projects < $200,000; and tier-3 for projects > $200,000. Authorizes mandatory funding of
colleges and universities, rural electric cooperatives, and public power entities);
$48.2 million annual y for FY2013-FY2017. Authorizes to be appropriated $20 million
and grants for conducting RES feasibility studies (eligible entities include rural
annual y for FY2013-FY2017. [Sec. 9007]
small businesses and agricultural producers). Grants are limited to $500,000 for
RES and $250,000 for EEI activities up to 25% of the cost of the RES or EEI
activity. Loan guarantees are limited to a max of $25 million and a min of $5,000
up to 75% of the cost of a funded activity. Provides mandatory funds: $55 million
(FY2009), $60 million (FY2010), $70 million (FY2011), and $70 million (FY2012).
Authorizes $25 million annual y, subject to appropriations (FY2009-FY2012).
[7 U.S.C. 8107]
Biomass Research & Development Initiative (BRDI): Created originally
Extends BRDI through FY2017. Authorizes mandatory funding of $26 million annually for
under the Biomass Research & Development Act of 2000 [P.L. 106-224], and
FY2013-FY2017. Authorizes to be appropriated $30 million annual y for FY2013-FY2017.
extended by the 2008 farm bill. Provides competitive funding as grants, contracts, [Sec. 9008]
and financial assistance for research, development, and demonstration of
technologies and processes leading to commercial production of biofuels and
biobased products. Provides for coordination between USDA and DOE work
related to biofuels and biobased products research and development programs
through the Biomass Research and Development Board. Provides mandatory
funding: $20 million (FY2009), $28 million (FY2010), $30 million (FY1022), and
$40 million (FY2012). Authorizes to be appropriated $35 million annual y
(FY2009-FY2012). [7 U.S.C. 8108]
Rural Energy Self-Sufficiency Initiative: Established by amended section
No comparable provision.
9009 [Sec. 9001] of the 2008 farm bill. Provides cost-share (up to 50%) grants for
rural communities to assess energy systems and to make improvements.
Authorizes to be appropriated $5 million annually (FY2009-FY2012); however, no
funds were ever appropriated and no rules were ever promulgated.
[7 U.S.C. 8109]
Feedstock Flexibility Program: Established by the 2008 farm bill. Authorizes
Extends the Feed Stock Flexibility Program through FY2017. [Sec. 9009]
use of CCC funds (such sums as necessary) to purchase sugar (intended for food
use but deemed to be in surplus) for resale as a biomass feedstock to produce
bioenergy. USDA would implement the program only in those years where
purchases are determined to be necessary to ensure that the sugar program
operates at no cost to the federal government. [7 U.S.C. 8110]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Biomass Crop Assistance Program (BCAP): Established by the 2008 farm
Extends BCAP through FY2017. Excludes algae as an eligible crop; adds land enrolled in
bill. Provides financial assistance to owners and operators of agricultural land and
the agricultural conservation easement program as eligible land, includes crop residue from
non-industrial private forest land who wish to establish, produce, and deliver
crops receiving Title I payments as eligible material, but extends exclusion to any whole
biomass feedstocks under two categories of assistance: (A) establishment and
grain from a Title I crop, as well as bagasse. One-time establishment payments are limited
annual payments are provided under contract between USDA and participating
to no more than 50% of cost of establishment, not to exceed $500 per acre ($750 per acre
producers including a one-time payment of up to 75% of cost of establishment for
for socially disadvantaged farmers or ranchers). CHST matching payments may not exceed
perennial crops, and annual payments (i.e., rental rates based on a set of criteria)
$20 per dry ton but are available for a period of 4 years. Not later than 4 years after
of up to 5 years for non-woody and 15 years for woody perennial biomass crops,
enactment, USDA shall submit a report on best practice data and information gathered
and (B) matching payments at a rate of $1 for each $1 per ton provided up to $45 from participants. Authorizes mandatory funding of $38.6 million annually for FY2013-
per ton for a period of 2 years to help eligible material owners with collection,
FY2017. Not less than 10%, nor more than 50% ,of funding may be used for CHST. [Sec.
harvest, storage, and transportation (CHST) of eligible material for use in a
9010]
qualified biomass conversion facility. Eligibile material excludes Title I crops,
animal waste and byproducts, food and yard waste, and algae. Provides
mandatory CCC funding of such sums as necessary annually for FY2008-FY2012.
[7 U.S.C. 8111]
Forest Biomass for Energy Program: Established by the 2008 farm bill.
Repeals the Forest Biomass for Energy Program. [Sec. 9011]
Requires the Forest Service to conduct a competitive research and development
program to encourage use of forest biomass for energy. Authorized to be
appropriated $15 million annual y (FY2009-FY2012). [7 U.S.C. 8112]
Community Wood Energy Program: Established by the 2008 farm bill.
Extends the Community Wood Energy Program through FY2017. Authorizes to be
Provides grants of up to $50,000 for up to 50% of the cost for communities to
appropriated $5 million annually for FY2013-FY2017. [Sec. 9012]
plan and install wood energy systems in public buildings. The energy system
acquired with grant funds shal not exceed an output of 50,000,000 Btu per hour
for heating and 2 megawatts for electric power production. Authorized to be
appropriated $5 million annual y (FY2009-FY12). [7 U.S.C. 8113]





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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title X. Horticulture
(unless otherwise specified)
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Marketing and Promotion, and Trade
The Specialty Crops Competitiveness Act of 2004 (P.L. 108-465), as amended by
Reauthorizes program through FY2017. Increases mandatory funding to $70 million
the 2008 farm bill, authorized block grants to states to support projects in
annual y (FY2013 through FY2017), which would also raise the minimum grant amount
marketing, research, pest management, and food safety, among other purposes.
received by each state/territory. Of the funds provided, allows for multistate project grants
Current mandatory CCC funding is $55 million annual y (FY2010-FY2012). [7
involving food safety, plant pests and disease, crop-specific projects addressing common
U.S.C. 1621 note]
issues, and any other area as determined by USDA, with increased funding starting at $1
mil ion (FY2013) to $5 million. Establishes limits on use of funding for program
administration. [Sec. 10008] Changes effective October 1, 2012. [Sec. 10011]
The Farmer-to-Consumer Direct Marketing Act (P.L. 94-463), as amended,
Reauthorizes the current program, but changes the scope and name of the program to the
originally authorized the Farmers' Market Promotion Program (FMPP) to promote “Farmers Market and Local Food Promotion Program.” Expands the program to include
farmers' markets, roadside stands, community-supported agriculture programs,
local and regional food enterprises that process, distribute, aggregate, store, and market
agri-tourism activities, and other direct producer-to-consumer market
local y or regionally produced food products, designating 50% of available funds for this
opportunities. Authorized annual appropriations for grants to local governments
purpose. Increases mandatory funding to $20 million annually (FY2013 through FY2017).
and nonprofit organizations. Current mandatory CCC funding is $10 million
Establishes limits on use of funding for program administration. [Sec. 10003] Changes
annual y (FY2011-FY2012). [7 U.S.C. 3005]
effective October 1, 2012. [Sec. 10011]
Note: Another related provision is in Title IV (Nutrition, the Seniors Farmers’ Market Nutrition
Program). [Sec. 4202].
Section 10403 of the 2008 farm bill authorized grants to various public and private Repeals authorization under section 10403 of the 2008 farm bill. [Section 10002] Changes
entities to improve transporting specialty crops to markets. Provided for
effective October 1, 2012. [Sec. 10011]
“appropriations of such sums as necessary.”
See also Title III (Trade) for reauthorization of Technical Assistance for Specialty
See Title III – Trade. [Sec. 3205] and [Sec. 3102]
Crops (TASC) [7 U.S.C. 5680] and the Market Access Program (MAP) [7 U.S.C.
5623]
Organic Certification
The Organic Foods Production Act (OFPA) of 1990 (P.L. 101-624, Title XXI; part
Reauthorizes appropriations of $15 million annually (FY2013-FY2017). Provides mandatory
of the 1990 farm bill), as amended by the 2008 farm bill, authorized the National
funding of $5 million in FY2013 (available until expended) to modernize the NOP’s
Organic Program (NOP) to develop and enforce national standards for
database and technology systems. Requires USDA to submit a report to the agriculture
organically-produced agricultural products. Authorized appropriations were $11
committees, within 180 days after enactment, describing, among other things, the feasibility
mil ion in FY2012, plus additional sums as necessary. [7 U.S.C. 6522]
of establishing an organic research and 8 promotion program. [Section 10005] Changes
effective October 1, 2012. [Sec. 10011]

OFPA provides for enforcement and penalties for violations of the program’s
Amends OFPA’s recordkeeping, investigations, and enforcement provisions. [Sec. 10009]
labeling requirements for certified organic products. [7 U.S.C. 6519]
Changes effective October 1, 2012. [Sec. 10011]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
See also Title XI (Crop Insurance) for reauthorization of the Organic Certification [Sec. 11024]
Cost-Share Program (NOCCSP), established by section 10606 of the 2002 farm
bill [7 U.S.C. 6523]
Data and Information Collection
Section 10107 of the 2008 farm bill authorized support for the col ection and
Reauthorizes program at $9 million in annual appropriations through FY2017. [Section
dissemination of market news for specialty crops. Authorized appropriations $9
10001] Changes effective October 1, 2012. [Sec. 10011]
mil ion annual y (FY2008-FY2012) to remain available until expended. [7 U.S.C.
1622b(b)]
Section 7407 of the 2002 farm bill, as amended by the 2008 farm bill, required
Reauthorizes $5 million in mandatory funding and extends annual appropriations authority
USDA to keep segregated data on organic production and marketing (Organic
of $5 million through FY2017 (available until expended). [Section 10005] Changes effective
Production and Market Data Initiatives, ODI). Provided $5 million in mandatory
October 1, 2012. [Sec. 10011]
CCC funding, plus authorized appropriations of $5 million annual y (FY2008-
FY2012), both available until expended. Specified that $3.5 million of available
mandatory funds be al ocated to AMS. [7 U.S.C. 5925c]
No comparable provision.
Requires USDA to collect data on the production and marketing of local y or regionally
produced agricultural food products; facilitate interagency collaboration and data sharing on
programs related to local and regional food systems; and monitor the effectiveness of
programs designed to expand or facilitate local food systems. Requires USDA to submit a
report to House and Senate agriculture committees, within 1 year after enactment,
describing its progress and identifying any additional needs related to developing local and
regional food systems. [Sec. 10004] Changes effective October 1, 2012. [Sec. 10011]
Pest and Disease Control
Sections 10201 and 10202 of the 2008 farm bill amended the Plant Protection Act
Repeals program under section 10202 of the 2008 farm bill and authorizes a consolidated
(PPA) to authorize an early plant pest detection and surveillance system and
plant pest and disease management and disaster prevention program, named the “National
threat identification/mitigation, among other activities, and a National Clean Plant
22 Clean Plant Network”. Consolidates and increases available mandatory funding levels:
Network where the specialty crop industry can obtain pest- and disease-free
$60 million annual y (FY2013-FY2016) and $65 million for FY2017 and each fiscal year
planting stock. Provided mandatory CCC funds reaching $50 million in FY2012
thereafter. [Sec. 10007] Changes effective October 1, 2012. [Sec. 10011]
(with provisions for annual funding of $50 million annual y thereafter), plus
another $5 million in FY2008 (available until expended). [7 U.S.C. 7721]
See also Title VII (Research) for reauthorization of the Office of Pest Management See Title VII – Research. [Sec. 7307] and [Sec. 7308]
Policy and other pest management policies [7 U.S.C. 7653]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Food Safety and Quality Standards
Section 10105 of the 2008 farm bill amended the Agricultural Research,
Reauthorizes appropriations of $1 million annually to remain available until expended
Extension, and Education Reform Act of 1998 (P.L. 105-185) to implement a
(FY2013- FY2017). [Sec. 10006] Changes effective October 1, 2012. [Sec. 10011]
program to educate fresh produce industry personnel and consumers on ways to
reduce pathogens in fresh produce. Authorized appropriations of $1 million
annually to remain available until expended [7 U.S.C. 7655a(c)]
No comparable provision.
Within 180 days after enactment, requires USDA to submit to the Food and Drug
Administration (FDA) a report that describes an appropriate federal standard for the
identity of honey, and shall consider the March 2006 Standard of Identity citizens petition
filed with FDA. [Sec. 10010] Changes effective October 1, 2012. [Sec. 10011]
Research and Extension (Title VII)
See also Title VII (Research) for reauthorization of the Specialty Crop Research
See Title VII – Research. [Sec. 7305], [Sec. 7208], [Sec. 7302] and [Sec. 7102]
Initiative (SCRI) [7 U.S.C. 7632], the Organic Agriculture Research and
Extension Initiative (OREI) [7 U.S.C. 5925b], the Organic Transitions Program

(ORG) [7 U.S.C. 7626], and certain pest management activities [7 U.S.C. 7653]
Nutrition (Title IV)
See also Title IV (Nutrition) for reauthorization of Section 32 funding to purchase
See Title IV – Nutrition. [Sec. 4201] and [Sec. 4205]
fruits, vegetables, and certain other specialty food crops [7 U.S.C. 612c-4] and
grants to achieve "hunger-free communities", among other related activities [7
U.S.C. 7517]






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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title XI. Crop Insurance
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
New or Revised Insurance Products
Permanently authorized by the Federal Crop Insurance Act, the federal crop
Retains current system and makes available to crop producers an additional policy called
insurance program makes available subsidized crop insurance to producers who
Supplemental Coverage Option (SCO), which is a policy based on area-wide (e.g.,
purchase a policy to protect against individual farm losses in yield, crop revenue,
county) yield or revenue loss. An indemnity would cover all or a part of the deductible
or whole farm revenue. In general, policies offer a guarantee at the individual farm
under the producer’s underlying policy. Coverage cannot exceed 85% of the individual yield
level or based on area-wide (e.g., county) yields. The producer selects coverage
or 90% of area yield. Payment occurs only if area loss exceeds 10% of normal level. SCO
level and absorbs the initial loss through the deductible.
policies are to be made available for all crops if sufficient data are available. Premium
subsidized at 70%. If producer participates in ARC (see Title I), a deductible of 21% applies.
Crop insurance policies are available for more than 100 crops, including farm
Coverage to begin not later than the 2013 crop year. [Sec. 11001]
program crops such as wheat, corn, soybeans, cotton, peanuts, and rice, as well as
many specialty crops, fruit trees, pasture, rangeland, and forage crops. Area-wide
Beginning with the 2013 crop, the FCIC shall make available to producers of upland cotton
policies are available for some but not all program crops. Policies are sold and
the Stacked Income Protection Plan (STAX), which is a revenue-based, area-wide
serviced through private insurance companies. The insurance companies' losses
policy that may be purchased as a stand-alone policy or purchased in addition to any other
are reinsured by USDA, and their administrative and operating costs are
individual or area policy. Includes a provision that allows use of only recent yields in
reimbursed by the federal government. Crop insurance is administered by the
guarantee. Indemnifies losses in county revenue of greater than 10% of expected revenue
U.S. Department of Agriculture's (USDA's) Risk Management Agency (RMA),
but not more than 30%. Premium subsidy is 80%. For individual producers, indemnities for
which operates and manages the Federal Crop Insurance Corporation (FCIC) [7
STAX and other policies cannot overlap. [Sec. 11011]
U.S.C. 1501 et seq.]
Beginning with the 2013 crop, the FCIC shall make available a revenue crop insurance
program for peanuts based on a price equal to the Rotterdam price index for peanuts,
as adjusted to reflect the farmer stock price of peanuts in the United States. [Sec. 11012]
FCIC shall not conduct any pilot program that provides insurance protection
FCIC may conduct a pilot program to provide financial assistance for producers of
against a risk if a policy is generally available from private companies. [7 U.S.C.
underserved crops and livestock (including specialty crops) to purchase an index-based
1523(a)]
weather insurance product from a qualified private insurance company. The subsidy shall
not exceed 60% of the estimated premium amount. Unlike FCIC policies, the private
insurance companies would maintain exclusive rights to rate and manage the policies.
Provides mandatory funds of $10 million per year for FY2013 through FY2017. [Sec.
11021]
Policy Fees and Premiums
Catastrophic yield policies (CAT) are available for yield losses greater than 50%.
To reduce government costs, the CAT premium (fully paid by government) shal be
Premium is fully subsidized, and producer pays an administrative fee of $300 per
reduced by the percentage equal to the difference between the average loss ratio
crop per county. [7 U.S.C. 1508(d)(2)]
(premiums divided by indemnities times 100) for the crop and 100%. [Sec. 11002]
Administrative fee on CAT policy is waived for limited resources farmers. [7
Fee is also waived for beginning farmers or ranchers. [Sec. 11023]
U.S.C. 1508(d)(5)(e)]
Premium subsidies for buy-up coverage (above CAT) depends on level of
Beginning farmers or ranchers shall receive premium assistance that is 10 percentage points
coverage.
greater than provided to others. Other provisions are also designed to assist beginning
farmers and ranchers. [Sec. 11023]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Enterprise Units
Crops are insured based on geographic units defined in the insurance policy. The
The subsidy for enterprise and whole farm units is made permanent (previously a pilot
basic unit covers land in one county with the same tenant/landlord. An optional
basis). [Sec. 11003]
unit is a basic unit divided into smaller units by township section. An enterprise
unit covers all land of a single crop in a county for a producer, regardless of
Beginning with the 2013 crop year, separate enterprise units will be available for irrigated
tenant/landlord structure. A whole farm unit covers more than one crop. For a
and nonirrigated acreages of crops. [Sec. 11004]
policy with an enterprise or whole farm unit paragraph, on a pilot basis, the
percentage of the premium paid by the government shal provide the same dol ar
amount of premium subsidy per acre as for other units, up to 80%. [7 U.S.C.
1508(e)(5)]
Data Collection for Yield Guarantees; Yield Adjustments
FCIC bases policy guarantees on a producer’s actual production history (APH) for Specifically directs FCIC to use county data collected by USDA’s Risk Management Agency
the crop, or on county yields for area-wide policies. The APH is based on
and/or National Agricultural Statistics Service. If such data are not available, it may use
producer yields for the prior 4 to 10 years. [7 U.S.C. 1508(g)(2)]
other data considered appropriate by the Secretary of Agriculture. [Sec. 11005]

If, for one or more of the crop years used to establish the producer's actual
Beginning with the 2013 crop year, the yield plug is increased to 70% of the applicable
production history of an agricultural commodity, the producer's recorded or
transitional yield. [Sec. 11006]
appraised yield of the commodity was less than 60% of the applicable transitional
yield (based on 10-year historical county average yield), FCIC shall either exclude
any of such recorded or appraised yield or replace each excluded yield with a
yield equal to 60% of the applicable transitional yield. Concept is known as a
“yield plug.” [7 U.S.C. 1508(g)(4)(B)]


Policy Research Development, Review, and Approval
Under sections 522 and 523 of the Federal Crop Insurance Act, FCIC may enter
Allows FCIC to conduct research and development activities to maintain or improve
into contracts to carry out research and development for new crop insurance
existing policies or develop new policies. [Sec. 11019]
policies (but may not conduct research itself). It shal provide a payment to an
applicant for research and development costs. FCIC may approve up to 50% of
FCIC shall review any policy developed under section 522(c)or any pilot program
the projected total research and development costs to be paid in advance to an
developed under section 523 and submit the policy or program to the Board if it finds that
applicant. [7 U.S.C. 1522]
the policy or program will likely result in a viable and marketable policy and would provide
coverage in a significantly improved form. [Sec. 11007] For cost reimbursement, the 50%
limitation may be waived and, upon request of the submitter, an additional 25% advance
payment may be made. [Sec. 11015]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Adjusted Gross Revenue (AGR) and AGR-Lite policies insure revenue of the
FCIC is to conduct activities or enter into contracts to develop a whole farm risk
entire farm rather than an individual crop. Both use a producer's five-year
management insurance plan (with liability up to $1.5 million) that pays an indemnity if
historical farm average revenue as reported on the Internal Revenue Service (IRS)
gross farm revenue is below 85% (compared with 80% currently). Coverage may include
tax return form (Schedule F or equivalent forms). Coverage levels range from
value of packing, packaging or other on-farm activities. FCIC may provide diversification-
65% to 80% of historical revenue. [7 U.S.C. 1523]
based discounts for producers with diversified operations. [Sec. 11016]

FCIC is required to contract with a qualified person to conduct a study to determine the
feasibility of insuring swine producers for a catastrophic disease event and submit a report
to Congress. [Sec. 11017] FCIC is also required to study the feasibility of insuring
producers of fresh-water catfish against reduction in the margin between the market value
of catfish and selected production costs. The FCIC Board shall review this policy and
approve it under certain conditions. [Sec. 11018]
A private sector entity can propose an insurance plan to be added to the FCIC
For private sector submissions, adds similar language found in Section 11007 plus directs
portfolio of products. A process must be established to review and approve
FCIC to establish priorities for specific types of submissions. [Section 11008] As part of
products. [7 U.S.C. 1508(h)]
the submission process, the applicant must consult with producer groups potential y
affected. [Sec. 11009]
FCIC may conduct a pilot program approved by the Board to evaluate whether a
Eliminates the requirement that FCIC evaluate pilot programs and submit a report to
proposal or new risk management tool is suitable for the marketplace and
Congress. [Sec. 11020]
addresses the needs of producers. [7 U.S.C. 1523(a)]
Crop Production on Native Sod
Native sod planted to an insurable crop (over 5 acres) is ineligible for crop
Nationwide, on land that has never been tilled, crop insurance premium subsidies are 50
insurance and the noninsured crop disaster assistance program for the first 5
percentage points less than under current schedule during the first 4 years of planting. Also,
years of planting. May apply to virgin prairie converted to cropland in the Prairie
no benefits are available under the Noninsured Crop Disaster or general commodity
Pothole National Priority Area, if elected by the state. [7 U.S.C. 1508(o)]
programs. Requires annual reports on the change in cropland areas in each county and
state. [Sec. 11025]

Standard Reinsurance Agreement and Risk-Sharing
The Standard Reinsurance Agreement (SRA) between FCIC and private
Any savings generated from a renegotiated SRA must be used for programs administered
companies defines expense reimbursements and risk-sharing by the government,
by the Risk Management Agency. [Sec. 11010]
including the terms under which the government provides subsidies and
reinsurance (i.e., insurance for insurance companies) on eligible crop insurance
contracts sold or reinsured by insurance companies. FCIC may renegotiate the
SRA once every 5 years. [7 U.S.C. 1508(k)]
Miscellaneous
Inaccurate information on an insurance application can result in noncompliance,
FCIC shall establish procedures that allow an agent and approved insurance provider to
which voids the policy and may disqualify the producer for up to 5 years [7
correct information regarding producer name and eligibility information that is provided by
U.S.C. 1515(c)]
a producer for the purpose of obtaining coverage. [Sec. 11013]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
USDA is to ensure that new hardware and software for administering the
The Secretary shall develop and implement an acreage report streamlining initiative project
program are compatible with that already used by USDA agencies in order to
to allow producers to report acreage and other information directly to USDA. FCIC may
maximize data sharing needed for proper program delivery. [7 U.S.C. 1515(j)]
use up to $25 million in fiscal 2013 and $10 to $15 million per year for FY2014 through
Funding is provided from the insurance fund: $15 million for each of FY2008
FY2017 from the insurance fund. USDA shal notify Congress on the status of the project
through FY2010 and not more than $9 million in FY2011. [7 U.S.C. 1515(k]
no later than July 13, 2013. [Sec. 11014]
The Agricultural Management Assistance Program provides financial assistance to
Authorizes $23 million in mandatory CCC funding annually (FY2013-FY2017) and combines
producers in 16 specific states to mitigate risk through financial instruments,
the two programs to include: (1) organic certification cost share assistance (50% of funds);
diversification, or resource conservation practices. Provides $15 million in annual
(2) activities to support risk management education and outreach under the Federal Crop
mandatory funding in FY2008 through FY2014, and $10 million each fiscal year
Insurance Act (26% of funds); and (3) agricultural management assistance grants to
thereafter. Requires 50% for conservation, 40% for risk management, and 10%
producers in states with low federal crop insurance participation, for various conservation
for organic certification. [7 U.S.C. 1524] Section 10606 of the 2002 farm bill
purposes (24% of funds). Per-person payments are limited to $50,000 in any one year.
established a National Organic Certification Cost-Share Program to help
[Sec. 11024]
producers and handlers of organic products obtain certification. Provided $22
million in mandatory funding in FY2008 (available until expended). [7 U.S.C.
6523]












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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Title XII. Miscellaneous
Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Subtitle A: Socially Disadvantage Producers and Limited Resource Producers
Outreach and Assistance for Socially Disadvantaged Farmers and
Expands program authority to include farmers and ranchers who are veterans. Authorizes
Ranchers. Outreach and Assistance for Socially Disadvantaged Farmers and
$20 million annual y, subject to annual appropriations for FY2013-FY2017. [Sec. 12001]
Ranchers was established by Sec. 2501 of the 1990 farm bill. The program
provides education and outreach to minority and limited-resource farmers and
ranchers. The 2008 farm bill created an Office of Small Farms and Beginning
Farmers and Ranchers to ensure access to all USDA programs for small,
beginning, and social y disadvantaged farmers and ranchers. Also requires USDA
to document the number, location, and economic contributions of socially
disadvantaged and limited-resource farmers and ranchers. Provides the program
with $15 million in mandatory funding annually through FY2012. [7 U.S.C.
2279(a)]
Office of Advocacy and Outreach. The Office of Advocacy and Outreach as
For the Office of Advocacy and Outreach, authorizes such sums as necessary for FY2009
authorized in the 2008 farm bill carries out the Outreach and Assistance for
through FY2012, and $2 million annual y for FY2013-FY2017, subject to annual
Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers,
appropriations. [Sec. 12002]
and also oversees the Minority Farmer Advisory Committee and carries out the
functions of the Office of Outreach and Diversity previously handled by the Office
of Assistant Secretary for Civil Rights. [7 U.S.C. 6934(f)(3)]
Subtitle B: Livestock
Wildlife Reservoir Zoonotic Disease Initiative. No comparable provision.
Establishes an initiative through competitive grants for research and development of
Amends Title IV of the Agricultural Research, Extension, and Education Reform
surveillance methods, vaccinations, vaccination delivery systems, or diagnostic tests. The
Act of 1998. [7 U.S.C. 7621 et seq.]
targeted diseases are brucellosis, bovine tuberculosis, and other high priority disease
initiatives conducted under Sec. 1672 of the Food, Agriculture, Conservation, and Trade
Act of 1990 [7 U.S.C. 5925]. The research may be conducted by federal agencies, national
laboratories, universities, research institutes, and state agricultural experiment stations. The
grants are not to exceed 10 years and require matching funds of at least 25% of the federal
contribution. $7 million per year is authorized to be appropriated FY2012-FY2017. [Sec.
12101]
Trichinae Certification Program. Sec. 11010 of the 2008 farm bill established
Reauthorizes current level of $1.5 million each year through FY2017, subject to annual
a voluntary trichinae certification program. [7 U.S.C. §8304 note] The program
appropriations. [Sec. 12102]
certifies compliance with best production practices and is designed to enhance
swine and pork producers’ ability to export fresh pork and pork products.
Authorizes appropriation of $1.5 mil ion for Sec. 11010 and funds as necessary to
carry out Sec. 10405 of the Animal Health Protection Act (AHPA) for FY2008
through FY2012. [7 U.S.C. 8304(d)(1)]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
National Aquatic Animal Health Plan. Sec. 11013 of the 2008 farm bill
Extends funding authority for the plan through FY2017. [Sec. 12103]
authorized USDA, under Sec. 10411 of the AHPA, [7 U.S.C. 8310] to enter into
cooperative agreements for the purpose of detecting, controlling, or eradicating
diseases of aquaculture species and promoting species-specific best management
practices on a cost-share basis. Secretary may use authorities from AHPA [7
U.S.C. 8301 et seq.] to carry out the plan. Authorizes such sums as necessary to
be appropriated in each fiscal year, FY2008-FY2012. [7 U.S.C. 8322]
Sheep Production and Marketing Grant Program.

No comparable provision.
Establishes a competitive grant program through USDA’s Agricultural Marketing Service to
improve the sheep industry, including infrastructure, business, resource development, or

innovative approaches for long-term needs. $1.5 million in CCC mandatory funds for
FY2013 to be used and remain available until expended. [Sec. 12104]
The National Sheep Industry Improvement Center (NSIIC) promotes the
Amends provisions of the NSIIC. Amends the percentage of funds from 3% to 10% that
strategic development of the U.S. sheep and goat industry. It provides financial
may be used for administration of the NSIIC, and removes the authorization of
assistance for the enhancement and marketing of sheep and goat products with an appropriations. Re-designates the NSIIC from the Consolidated Farm and Rural
emphasis on infrastructure development. NSIIC is funded through appropriations,
Development Act [7 U.S.C. 2008(j)] to the Agricultural Marketing Act of 1946 [7 U.S.C.
as well as receipts from products or services, fees and royalties from licensing,
1621 et seq.]. [Sec. 12104]
proceeds from sales of assets, loan or equity interest, and donations. [7 U.S.C.
2008(j)]
Feral Swine Eradication Pilot Program. No comparable provision.
Establishes pilot program to study the (1) nature and extent of damage caused by feral
swine; (2) methods to eradicate or control feral swine; and (3) methods to restore damage
caused by feral swine. USDA’s Natural Resources Conservation Service and Animal and
Plant Health Inspection Service are to coordinate on the program. The program is to be
administered on a cost-sharing basis with the federal share not to exceed 75%. The non-
federal share may be in-kind contribution. $2 million per year is authorized to be
appropriated for FY2013-2017. [Sec. 12105]
Subtitle C: Other Miscellaneous Provisions
Military Veterans Agricultural Liaison. No comparable provision.
Amends Subtitle A of the Department of Agriculture Reorganization Act of 1994 [7 U.S.C.
6901 et seq] by establishing in USDA a position of Military Veterans Agricultural Liaison to
provide information to returning veterans on beginning farmer training, agricultural
vocational and rehabilitation programs. Liaison would provide information on availability
and eligibility for participation, serve as a resource, and advocate on behalf of veterans
within USDA. [Sec. 12201]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Information Gathering. USDA may not disclose information about an
Adds language to clarify and strengthen the conditions necessary to release data about
agricultural operation, farming or conservation practice, or land that was provided farms to state and local government agencies. Such state and other government agencies
by the producer or landowner in order to qualify for a USDA program, nor the
would need to prove that the data are “required for implementing” the state program.
geospatial information maintained by USDA about the agricultural land or
Moreover, the data may only be used by the state agency, political subdivision, or local
operations mentioned above. Exceptions are provided for the limited release of
agency; and the data would be protected from subsequent disclosure by the state or
data to federal, state, local or tribal agencies working in cooperation with USDA
agency. [Sec. 12202]
when providing technical or financial assistance for the above land or when
responding to pest and disease threats. However, USDA must determine that the
data will not be subsequently disclosed. The prohibition on data disclosure does
not affect the release of payment information that is otherwise authorized or data
that is released in an aggregate, personally unidentifiable form. [7 U.S.C. 8791;
also known as Section 1619 of the 2008 farm bill]
Grants to Improve Supply, Stability, Safety, and Training of
Grant program extended. $10 million per year authorized to be appropriated for FY2013-
Agricultural Labor Force. Provides grants to train farm workers in new
FY2017. [Sec. 12203]
technologies and workers with specialized skil s for higher value crops.
Authorized funds to be appropriated as necessary for FY2008-FY2012. [7 U.S.C.
2008q-1(d)]
Noninsured Crop Assistance Program. The Noninsured Crop Assistance
Through FY2017, makes available additional coverage for NAP at 50% to 65% of established
Program (NAP) has permanent authority under Section 196 of the Federal
yield and 100% of average market price. Premium for additional coverage is 5.25% times the
Agriculture Improvement and Reform Act of 1996, and receives such sums as
product of the selected coverage level and value of production (acreage times yield times
necessary in mandatory funding. Growers of crops not insurable under the crop
average market price). The premium for additional coverage is reduced by 50% for limited
insurance program are eligible for NAP. A payment is made to an eligible
resource, beginning, and socially disadvantaged farmers.
producer whose actual production is less than 50% of the established (historical)
yield for the crop. The payment rate is 55% of the average market price.
Eliminates NAP for crops/grasses used for grazing (to reduce overlap with livestock
Producers pay a fee of $250 per crop per county, or $750 per producer per
disaster programs in Title I—Commodity Programs), ferns, and tropical fish.
county, not to exceed $1,875 per producer. [7 USC 7333]
Increases base NAP fee to $260 per crop per county, or $780 per producer per county,
not to exceed $1,950 per producer. [Sec. 12204]
Regional Economic and Infrastructure Development. The 2008 farm bill
Allows the cap on administrative expense for any Commission to exceed 10% should the
(Section 14217) established three new regional development authorities: a
Commission receive an annual appropriation of less then $10 million. [Sec. 12205]
Northern Border Regional Commission, a Southeast Crescent Regional
Commission, and a Southwest Border Regional Commission. These commissions
develop a regional development plan and then make infrastructure loans and
grants to eligible entities in their respective regions. [40 U.S.C. 15101 et seq.]
Authorizes annual appropriations of $30 million to each of the Commissions.
Not more than 10% of appropriated funds to any Commission can be used for
administrative expenses. [40 U.S.C. 15751(b)]
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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law

Current Law/Policy
Senate Agriculture Committee Farm Bill (S. 3240, as filed on May 24, 2012)
Canada Geese Removal. No comparable provision.
If the Federal Aviation Administration determines that a population of Canada geese
residing on National Park Service land within 5 miles of any commercial airport poses a risk
to air traffic, USDA, through its Animal and Plant Health Inspection Service, will publish a
management plan by the first molting season following enactment. The plan must provide
for the removal of geese on all applicable land within one year of its publication. Also, by
June 1, 2012, USDA is to issue a decision on a plan for removing geese from National Park
Service land near JFK International Airport in New York. This removal is to be completed
by August 1, 2012. [Sec. 12206]



CRS-74

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Comparison of Senate Agriculture Committee 2012 Farm Bill (S. 3240) with Current Law



Author Contact Information

Ralph M. Chite, Coordinator
Tadlock Cowan
Section Research Manager
Analyst in Natural Resources and Rural
rchite@crs.loc.gov, 7-7296
Development
tcowan@crs.loc.gov, 7-7600
Dennis A. Shields
Randy Schnepf
Specialist in Agricultural Policy
Specialist in Agricultural Policy
dshields@crs.loc.gov, 7-9051
rschnepf@crs.loc.gov, 7-4277
Megan Stubbs
Renée Johnson
Analyst in Agricultural Conservation and Natural
Specialist in Agricultural Policy
Resources Policy
rjohnson@crs.loc.gov, 7-9588
mstubbs@crs.loc.gov, 7-8707
Charles E. Hanrahan
Joel L. Greene
Senior Specialist in Agricultural Policy
Analyst in Agricultural Policy
chanrahan@crs.loc.gov, 7-7235
jgreene@crs.loc.gov, 7-9877
Randy Alison Aussenberg
Remy Jurenas
Analyst in Nutrition Assistance Policy
Specialist in Agricultural Policy
raussenberg@crs.loc.gov, 7-8641
rjurenas@crs.loc.gov, 7-7281
Jim Monke

Specialist in Agricultural Policy
jmonke@crs.loc.gov, 7-9664


Acknowledgments
Special thanks to CRS editor Laura Comay for her technical assistance in publishing this report.
Congressional Research Service
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