The 2012 Farm Bill: A Comparison of Senate-Passed S. 3240 and the House Agriculture Committee's H.R. 6083 with Current Law

October 24, 2012 (R42552)

Contents

Figures

Tables

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 approved its version of the 2012 omnibus farm bill (S. 3240, the Agriculture Reform, Food, and Jobs Act of 2012) by a vote of 64-35 on June 21, 2012. Subsequently, the House Agriculture Committee conducted markup of its own version of the farm bill (H.R. 6083, the Federal Agriculture Reform and Risk Management Act of 2012) on July 11, 2012, and approved the amended bill by a vote of 35-11. Floor action on the House farm bill is pending.

Within the 12 titles of S. 3240 and H.R. 6083, both farm bills would reshape the structure of farm commodity support, expand crop insurance coverage, consolidate conservation programs, revise the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps), and extend authority to appropriate funds for many U.S. Department of Agriculture (USDA) discretionary programs through FY2017. Among the major differences in the two farm bills is how each would restructure the farm safety net. Both farm bills borrow conceptually from current programs, by revising (and renaming) them to enhance price or revenue protection for producers. The House farm bill is similar to the current mix of farm programs in that it retains producer choice between a counter-cyclical price program and a revenue enhancement program, while the Senate farm bill provides for a revised revenue program with a slightly higher guarantee than in the House farm bill.

The Congressional Budget Office (CBO) projects that the programs of the 2008 farm bill, if they were to continue, would cost nearly $1 trillion over the next 10 years. Compared to this "baseline," the Senate-passed farm bill would reduce spending by $23.1 billion and the House Agriculture Committee-reported farm bill would reduce it by $35.1 billion, both over the same 10-year horizon. Explaining much of the $12 billion difference in estimated savings between the two farm bills are provisions in the nutrition title of the House bill that would affect program eligibility for SNAP.

This report contains a detailed summary of the major similarities and differences between the House and Senate 2012 farm bills and also provides a side-by-side comparison of every provision in the two farm bills and how these provisions relate to current federal law or policy.


The 2012 Farm Bill: A Comparison of Senate-Passed S. 3240 and the House Agriculture Committee's H.R. 6083 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. After the bill was filed, more than 300 amendments were proposed for consideration on the Senate floor. By mid-June, an agreement was reached to limit the debate to 77 of the proposed amendments, of which 45 were adopted between June 19 and June 21. The full Senate approved S. 3240, as amended, by a vote of 64-35 on June 21.

The House Agriculture Committee completed markup of its version of the farm bill (H.R. 6083, the Federal Agriculture Reform and Risk Management Act of 2012) on July 11, 2012, and approved the amended measure by a 35-11 vote. Nearly 100 amendments were offered for committee consideration, of which nearly half were adopted by the committee. The House bill was officially filed and reported by the committee on September 13, 2012.

Within their 12 titles, the five-year House and Senate farm bills 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.

Following are summaries of the major similarities and differences within each of the 12 titles of the respective versions of the House Agriculture Committee-approved and Senate-passed 2012 farm bills. The summaries are followed by a comprehensive title-by-title comparison of all of the House and Senate provisions with each other and with current law or policy.

Congressional Action on a 2012 Farm Bill

Committee

Initial Passage

Conference Agreement

Public Law

House

Senate

House

Senate

Report

House

Senate

H.R. 6083
Markup completed:
7/11/2012
Vote of
35-11
Bill filed:
9/13/2012
(H.Rept. 112-669)

S. 3240
Markup completed:
4/26/2012
Vote of
16-5
Rept. filed:
8/23/2012
(S.Rept. 112-203)

6/21/2012

Vote of
64-35

Source: CRS.

Budgetary Impact1

The Congressional Budget Office (CBO) projects that the programs of the 2008 farm bill, if they were to continue, would cost nearly $1 trillion over the next 10 years. Compared to this "baseline," the Senate-passed farm bill, S. 3240, would reduce spending by $23.1 billion (2.3%); and the House Agriculture Committee-reported bill, H.R. 6083, would reduce it by $35.1 billion (-3.5%). The $23 billion 10-year reduction (or "score") in the Senate bill is consistent with a joint House-Senate Agriculture Committee proposal to the Joint Select Committee on Deficit Reduction in fall 2011. The $35 billion 10-year reduction in the House bill is consistent with reconciliation instructions in the House budget resolution for FY2013.

The net reduction in each bill is composed of some titles receiving more funding than in the past, while other titles provide offsets for deficit reduction. Figure 1 illustrates the budgetary impacts of changes to each title in each bill, and the following table contains the data in tabular form. More background and detail on the budget available to write the farm bill, the CBO scores of each bill, and other budgetary issues is available in CRS Report R42484, Budget Issues Shaping a 2012 Farm Bill.

Figure 1. Ten-Year Scores of the Senate and House 2012 Farm Bills

(change in outlays over FY2013-FY2022 in billions of dollars by farm bill title, relative to baseline)

Source: CRS, using CBO cost estimate of S. 3240 (posted July 9, 2012, at http://cbo.gov/publication/43417), and H.R. 6083 (posted July 26, 2012, at http://cbo.gov/publication/43486).

2012 Farm Bill Budget: Baseline, Scores, and Proposed Outlays, by Title

(outlays in millions of dollars, 10-year total FY2013-FY2022)

 

 

CBO Baseline

CBO Score of Bill (change to baseline)

Outlays Proposed (Baseline + Score)

 

2012 Farm Bill Titles

S. 3240

H.R. 6083

S. 3240

H.R. 6083

I

Commodities

62,944

-19,428

-23,584

43,516

39,360

II

Conservation

64,067

-6,374

-6,148

57,693

57,919

III

Trade

3,442

0

0

3,442

3,442

IV

Nutrition

772,109

-4,000

-16,075

768,109

756,034

V

Credit

-2,665

0

0

-2,665

-2,665

VI

Rural Development

25

+115

+105

140

130

VII

Research

214

+681

+546

895

760

VIII

Forestry

9

+9

+4

18

13

IX

Energy

750

+780

0

1,530

750

X

Horticulture & Organic

1,080

+360

+435

1,440

1,515

XI

Crop Insurance

90,867

+5,036

+9,523

95,903

100,390

XII

Miscellaneous

0

-319

+50

-319

50

 

Total

992,842

-23,140

-35,143

969,702

957,698

Source: CRS, using the CBO baseline (March 2012) and CBO cost estimates of S. 3240 (posted July 9, 2012, at http://cbo.gov/publication/43417), and H.R. 6083 (posted July 26, 2012, at http://cbo.gov/publication/43486),

Title-by-Title Summaries of the House (H.R. 6083) and Senate (S. 3240) 2012 Farm Bills

Farm Bill Title I, Commodity Programs2

Under both the Senate-passed (S. 3240) and House Agriculture Committee-reported (H.R. 6083) farm bills, farm support for traditional program crops is restructured by eliminating direct payments, the existing counter-cyclical price program, and the Average Crop Revenue Election (ACRE) program. Authority is continued for marketing assistance loans, which provide additional low-price protection at "loan rates" specified in current law (with an adjustment made to the cotton loan rate). Direct payments account for most of current commodity spending and are made to producers and landowners based on historical production of corn, wheat, soybeans, cotton, rice, peanuts, and other "covered" crops. Some of the 10-year, $50 billion in savings associated with the proposed elimination of direct payments would be used to offset the cost of revising farm programs and enhancing crop insurance in Title XI. Both bills provide programs for covered crops, except cotton, which would have its own program (see "Farm Bill Title XI, Crop Insurance").

Both bills borrow conceptually from current programs, revising (and renaming) them to enhance price or revenue protection for producers.

Five disaster programs were established in the 2008 farm bill for weather-induced losses in FY2008-FY2011. Both S. 3240 and H.R. 6083 reauthorize four programs covering livestock and tree assistance for FY2012-FY2017. The crop disaster program from the 2008 farm bill (i.e., Supplemental Revenue Assistance, or SURE) is not reauthorized in either bill, but elements of it are folded into the new ARC in the Senate bill by allowing producers to protect against farm-level revenue losses (not included in House bill). S. 3240 also provides disaster benefits to tree fruit producers who suffered crop losses in 2012.

Farm commodity programs have certain limits that cap payments (currently $105,000 per person) and set eligibility based on adjusted gross income (AGI, currently $500,000 per person for nonfarm income and $750,000 for farm income). The two bills diverge from current law and each other, with S. 3240 reducing the farm program payment limit to $50,000 per person for ARC and adding a $75,000 limit on loan deficiency payments (LDPs). The program payment limit under the H.R. 6083 is $125,000 for PLC and RLC, with no limit on LDPs.4 The Senate bill changes the threshold to be considered actively engaged and to qualify for payments, by effectively requiring personal labor in the farming operation. Both bills also tighten limits on AGI, with a combined AGI limit of $750,000 in S. 3240 and $950,000 in H.R. 6083.

For dairy policy, both bills contain similar, significant changes, 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. Another provision makes participating producers subject to a separate program, which reduces incentives to produce milk when margins are low. Federal milk marketing orders have permanent statutory authority and continue intact. However, S. 3240 (but not H.R. 6083) includes two provisions that require more frequent reporting of dairy market information and studies on potential changes to the federal milk marketing order system.

The sugar program is left unchanged in both bills, with an exception in the Senate bill that advances the date (to February 1 from April 1) that USDA can increase the import quota.

Farm Bill Title II, Conservation5

The current agricultural conservation portfolio includes over 20 conservation programs. The conservation titles of both the Senate-passed (S. 3240) and House Agriculture Committee-reported (H.R. 6083) farm bills reduce and consolidate the number of conservation programs while also reducing mandatory funding more than $6 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 both bills with smaller and 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 under both bills. CRP also is amended to include the enrollment of grassland acres similar to the Grasslands Reserve Program (GRP), which is repealed. These grassland acres are limited to 1.5 million acres in S. 3240 and 2 million acres in H.R. 6083. EQIP, a program that assists producers with conservation measures on land in production, is reauthorized by both bills with a 5% funding carve-out for wildlife habitat practices (similar to the Wildlife Habitat Incentives Program, WHIP, which is repealed). The Senate-passed bill reduces EQIP a total of almost $1 billion over 10 years, while the House committee bill offers no reduction from the current $1.75 billion annually. CSP, another working land program, is reauthorized at a reduced enrollment level under both bills: 10.348 million acres annually under S. 3240 and 9 million acres annually under H.R. 6083, down from 12.769 million acres annually under current law.

Both bills create 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 (CCPI), and Great Lakes basin program are repealed by both bills and consolidated into the new RCPP. RCPP uses partnership agreements with state and local governments, Indian tribes, farmer cooperatives, and other conservation organizations to leverage federal funding and further conservation on a regional or watershed scale.

The Senate-passed bill adds the federally funded portion of crop insurance premiums to the list of program benefits that could be lost if a producer is found to produce an agricultural commodity on highly erodible land without an approved conservation plan or qualifying exemption, or converts a wetland to crop production. This prerequisite, referred to as conservation compliance, has existed since the 1985 farm bill and currently affects most USDA farm program benefits, but has excluded crop insurance since 1996. The House committee bill offers no comparable provision.

Farm Bill Title III, Trade6

The trade title of the farm bill deals with statutes concerning U.S. international food aid and agricultural export market development programs. Both S. 3240 and H.R. 6083 reauthorize all of the international food aid programs, including the largest, Food for Peace Title II (emergency and nonemergency food aid). Both bills contain amendments to current food aid law that place greater emphasis on improving the quality of food aid products (i.e., enhancing their nutritional quality). The Senate bill places new restrictions on the practice of monetization or selling U.S. food aid commodities in recipient countries to raise cash to finance development projects. In this regard, S. 3240 requires implementing partners such as U.S. private voluntary organizations or cooperatives to recover 70% of the U.S. commodity procurement and shipping costs. The Senate bill repeals the specified dollar amounts for nonemergency food aid required in current law (the "safe box"). In place of the safe box S. 3240 provides that nonemergency food aid be not less than 20% nor more than 30% of funds made available to carry out the program, subject to the requirement that a minimum of $275 million be provided for nonemergency food aid. The House bill places no limits on the practice of monetization, other than new reporting requirements, and fixes the amount of "safe box" nonemergency assistance at $400 million annually.

Both bills reauthorize funding for the Commodity Credit Corporation (CCC) Export Credit Guarantee program and various agricultural export market promotion programs. S. 3240 reduces the value of U.S. agricultural exports that can benefit from export credit guarantees from $5.5 billion to $4.5 billion annually. The House bill retains the $5.5 billion level of guarantees. Both bills authorize CCC funding of $200 million annually for the Market Access Program (MAP), which finances promotional activities for both generic and branded U.S. agricultural products. MAP had been targeted in a number of deficit reduction proposals for elimination. Authorized CCC funding for the Foreign Market Development Program (FMDP), a generic commodity promotion program, continues in both bills at $34.5 billion annually through F2017.

H.R. 6083 authorizes the Secretary of Agriculture to establish the position of Under Secretary of Agriculture for Foreign Agricultural Services, while S. 3240 calls for a study of the trade functions of USDA, noting that in implementing the study, the Secretary may include a recommendation for the establishment of an Under Secretary for Trade and Foreign Agriculture.

Farm Bill Title IV, Nutrition7

Title IV of both S. 3240 and H.R. 6083 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. Of the changes made, many are the same in the two bills, but the bills also differ in a number of ways, most notably in recognized cost savings associated with the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). CBO estimates total 10-year budget savings of $4.0 billion in the Senate bill and $16.1 billion in the House bill.

SNAP provisions in both bills 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. Both bills provide additional mandatory funding for reducing SNAP trafficking (the sale of SNAP benefits for cash or ineligible goods), although the Senate provides a larger amount. In terms of eligibility for SNAP and the calculation of monthly benefit amounts, both bills identically change how a household's receipt of Low-Income Home Energy Assistance Program (LIHEAP) benefits affects the household's SNAP benefit calculation. However, the House bill also restricts categorical eligibility, repeals state performance bonuses, and clarifies the consideration of medical marijuana expenses. The House bill also makes changes to the nutrition assistance provided to the Northern Mariana Islands and Puerto Rico.

Both bills increase Community Food Projects grants (the Senate by $5 million and the House by $10 million); the House bill also carves out $5 million of these grants for projects that incentivize low-income households to purchase fruits and vegetables. Both bills increase mandatory funding for the Emergency Food Assistance Program (TEFAP), the Senate by $174 million over 10 years, and the House Committee by $270 million (according to CBO). Both bills would limit eligibility for the Commodity Supplemental Food Program (CSFP) to low-income elderly participants, phasing out eligibility for low-income pregnant and post-partum women, infants, and children. The Senate adds discretionary authority for a Healthy Food Financing Initiative, a financing mechanism to sustain and create food retail opportunities in communities that lack access to healthy food; and provides $100 million (over five years) in mandatory funding for Hunger-Free Communities Incentive Grants, which funds programs that provide incentives for SNAP participants' purchase of fruits and vegetables; neither of these programs are included in the House committee's bill.

Within the child nutrition programs, the Senate bill includes authorization and funding to continue a whole grain pilot program and to begin a pulse crops pilot program, whereas the House bill does not include these pilots and eliminates the "fresh" requirement in the Fresh Fruit and Vegetable Program. Both bills include additional authorizations for farm-to-school efforts.

Farm Bill Title V, Credit8

The Consolidated Farm and Rural Development Act (also known as the ConAct) is the permanent statute that 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.

Both the Senate and House bills make relatively small policy changes to USDA's credit programs. Both bills give USDA discretion to recognize (1) alternative legal entities to qualify for farm loans and (2) alternatives to meet a three-year farming experience requirement; and both bills increase the maximum size of down-payment loans.

The Senate farm bill also updates and modernizes the ConAct's statutory language and organizes the various programs into separate subtitles (new Subtitle A is farm loans; Subtitle B is rural development; Subtitle C is general provisions). Generally, most of the revised ConAct provisions are substantially the same, but are renumbered and reorganized. The Senate bill also extends the number of years that farmers can remain eligible for direct farm operating loans, and eliminates term limits on guaranteed operating loans.

The House bill's credit title does not restructure the ConAct nor change any term limits provisions. However, the House bill does create a new microloan program, increases the percentage of a conservation loan that can be guaranteed, and adds another lending priority for beginning farmers, among other changes.

Other non-USDA credit programs—such as the Farm Credit Act, which establishes the Farm Credit System and Farmer Mac—could be part of the farm bill, but neither the House bill nor the Senate addresses these programs.

Farm Bill Title VI, Rural Development9

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. Title VI of H.R. 6083 makes funding authorization amendments to many existing rural development programs (at levels mostly lower than those of the Senate bill), but generally offers no new provisions, nor does it significantly modify current programs authorized under the ConAct and the Rural Electrification Act. The House bill does include a new provision directing the Secretary of Agriculture to begin collecting data on the economic effects of the projects that USDA Rural Development funds, and directs the Secretary to develop simplified applications for funding.

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. The restructuring of the ConAct also eliminates several business programs, but consolidates many of their objectives into a broad program of Business and Cooperative Development grants. Separately, S. 3240 provides a total of $115 million in mandatory rural development funding, including funds for the Value-Added Producer Grant Program ($12.5 million annually for FY2014-FY2017) and the Rural Microentrepreneur Assistance Program ($3.75 million annually for FY2014-FY2017), and $50 million in mandatory spending for pending rural development loans and grants. The House bill contains no mandatory spending authorization.

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. The definition of "rural area" for electric and telephone programs has been eliminated, and becomes the same as for other rural programs. The bill 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. S. 3240 also eliminates the existing statutory definition of "rural" and "rural areas" for water and waste water programs and community facilities, but permits areas currently deemed as rural to remain eligible for these programs, unless USDA determines that they are no longer "rural in character."

Also included in both the House and Senate bills is 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 Senate bill 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 reauthorized by both bills, but the Senate bill makes various technical changes to the organizational structure and operation of the two authorities.

Farm Bill Title VII, Research, Extension, and Related Matters10

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. Both bills reauthorize funding for these activities for FY2013-FY2017, subject to annual appropriations, and amend authority so that only competitive grants can be awarded under certain programs.

In both bills, mandatory funding is increased for the Specialty Crop Research Initiative ($416 million over 10 years) and the Organic Agricultural Research and Extension Initiative ($80 million over 10 years). Also, mandatory funding is continued for the Beginning Farmer and Rancher Development Program in both the Senate bill ($85 million) and House bill ($50 million).

New in S. 3240 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.

Farm Bill Title VIII, Forestry11

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. Both the Senate-passed and House Agriculture Committee-reported farm bills generally repeal, reauthorize, and modify 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 replacing their permanent authority to receive annual appropriations of such sums as necessary with a set level of appropriations through FY2017. The House bill also limits permanent authority for some programs, but in fewer instances than the Senate bill. Both bills repeal programs that have expired or have never received appropriations. Other provisions in both bills include reauthorizing stewardship contracting, requiring revised strategic plans for forest inventory and analysis, and adding alternatives for addressing insect infestations and disease.

Farm Bill Title IX, Energy12

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.

Both the Senate-passed bill (S. 3240) and the House Agriculture Committee-reported measure (H.R. 6083) extend most of the renewable energy provisions of Title IX, with the exception of the Repowering Assistance Program, the Rural Energy Self-Sufficiency Initiative, and the Renewable Fertilizer Study, which are repealed by both bills. In addition, S. 3240 repeals the Forest Biomass for Energy Program, while the House bill repeals the Biofuels Infrastructure Study. The primary difference between the House and Senate bills is in the source of funding. The Senate bill contains $800 million in new mandatory funding and authorizes $1.140 billion in appropriations for the various Title IX programs over the FY2013-FY2017 period. In contrast, H.R. 6083 contains no mandatory funding for Title IX programs, while authorizing $1.355 billion subject to appropriations. In addition, the House bill prevents USDA from spending Rural Energy for America (REAP) program funds on retail blender pumps and eliminates all support for the collection, harvest, storage, and transportation (CHST) component of BCAP, severely limiting its potential effectiveness as an incentive to produce cellulosic feedstocks.

Farm Bill Title X, Horticulture13

The horticulture titles of both S. 3240 and H.R. 6083 reauthorize many of the existing farm bill provisions supporting farming operations in the specialty crop and certified organic sectors. CBO estimates a total increase in mandatory spending of $360 million (FY2013-FY2017) for Title X in the Senate bill and $428 million in the House bill. Many of the Title X provisions fall into the categories of marketing and promotion; organic certification; data and information collection; pest and disease control; food safety and quality standards; and local foods. The House bill also includes several provisions that are not in the Senate bill that would provide exemptions from certain regulatory requirements under some laws, including the Federal Insecticide, Fungicide, and Rodenticide Act, the Clean Water Act, and the Endangered Species Act, among other modifications.14

Provisions affecting the specialty crop and certified organic sectors are not limited to Title X, but are contained within several other titles of the farm bill. These include programs in the research, nutrition, and trade titles, among others. Both the House and Senate bills reauthorize (and in some cases provide for increased funding for) several key programs benefitting specialty crop producers, including the Specialty Crop Block Grant Program, plant pest and disease programs, USDA's Market News for specialty crops, the Specialty Crop Research Initiative (SCRI), and also the Fresh Fruit and Vegetable Program (Snack Program) and Section 32 purchases for fruits and vegetables under the nutrition title. Both bills also reauthorize most programs benefitting certified organic agriculture producers, including continued support for USDA's National Organic Program (NOP) and development of crop insurance mechanisms for organic producers, Organic Production and Market Data Initiatives (ODI), and research programs such as the Organic Agriculture Research and Extension Initiative (OREI) and the Organic Transitions Program (ORG) under the Integrated Research, Education, and Extension Competitive Grants Program. One exception is that the House bill would repeal the National Organic Certification Cost Share Program (NOCCSP), while the Senate would maintain that program.

Programs in other farm bill titles benefitting specialty crop and certified organic producers also include the Value-Added Producer Grant Program, Technical Assistance for Specialty Crops (TASC), the Market Access Program (MAP), and most conservation programs (including assistance specifically for organic producers), among other programs, within the crop insurance, credit, and miscellaneous titles.

Title X and other titles in both the House and Senate bills also include provisions that would expand opportunities for local food systems and also beginning farmers and ranchers. For example, both bills reauthorize and expand the scope and overall funding for USDA's farmers' market program, which would be renamed the Farmers' Market and Local Food Promotion Program. Other provisions supporting local food producers are within the horticulture, nutrition, rural development, and research titles, among others.

Farm Bill Title XI, Crop Insurance15

Both bills increase funding for crop insurance relative to baseline levels by making 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. An amendment to S. 3240 adopted during floor debate reduces crop insurance premium subsidies by 15 percentage points for producers with average adjusted gross income greater than $750,000.

With cotton not covered by the farm revenue programs established in Title I of both bills, a new crop insurance policy called Stacked Income Protection Plan (STAX) is made available in both bills 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 both bills 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 both bills are designed to expand or improve crop insurance for other commodities, including specialty crops. Provisions in both bills revise the value of crop insurance for all organic crops to reflect prices of organic (not conventional) crops. The bills require USDA to conduct more research on whole farm revenue insurance with higher coverage levels than currently available. Studies are also required on insuring (1) specialty crop producers for food safety and contamination-related losses, (2) swine producers for a catastrophic disease event, (3) producers of catfish against reduction in the margin between the market prices and production costs, (4) commercial poultry production against business disruptions caused by integrator bankruptcy, and (5) poultry producers for a catastrophic event (House bill only). A provision in S. 3240 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 of S. 3240 reduces crop insurance subsidies and noninsured crop disaster assistance for the first four years of planting on native sod acreage. The same provision in the House bill would apply only to the Prairie Pothole National Priority Area (i.e., portions of Iowa, Minnesota, Montana, North Dakota, and South Dakota). In the Senate bill only, crop insurance premium subsidies are available only if producers are in compliance with wetland conservation requirements (goes into effect immediately) and conservation requirements for highly erodible land (within five years).

Farm Bill Title XII, Miscellaneous16

Title XII of S. 3240 and H.R. 6083 includes provisions that cover three areas: socially disadvantaged and limited-resource producers; livestock; and other miscellaneous.

Both bills extend authority through FY2017 for the 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. They also add military veteran farmers and ranchers as a qualifying group. In addition, the bills establish a military veterans agricultural liaison within USDA to advocate for and to provide information to veterans. Both bills reauthorize funding for the USDA Office of Advocacy and Outreach, which assists socially disadvantaged and limited-resource producers, and both establish an Office of Tribal Relations to coordinate USDA activities with Native American tribes.

Both S. 3240 and H.R. 6083 make available higher coverage levels under the Noninsured Crop Assistance Programs, prohibit attendance at animal-fighting events, and include grants to promote the U.S. maple syrup industry and for technological training for farm workers.

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 of H.R. 6083 includes identical provisions for the trichinae certification and aquatic animal health programs, but does not contain the grant provisions for the animal disease initiative, the sheep industry, and feral swine eradication that are in S. 3240.

H.R. 6083 includes a provision to repeal regulations on livestock and poultry practices that USDA finalized on February 7, 2012. Within 90 days of enactment, USDA is required to repeal regulations on the definitions of additional capital investments and suspension of delivery of birds, and on applicability of live poultry and the 90-day notification regulation for suspension of delivery of birds. The House bill also requires that USDA submit to Congress reports on how to comply with the World Trade Organization's ruling on country-of-origin labeling and how to meet the needs of small and very small meat and poultry growers and processors. H.R. 6083 reauthorizes funding for the National Sheep Industry Improvement Center, subject to appropriations. These provisions are not included in S. 3240.

Other miscellaneous provisions in Title XII of H.R. 6083, but not in S. 3240, are the High Plains Water Study; prohibitions on closing Farm Service Agency offices with high workloads; flood protection for the Missouri River basin; and a prohibition that states may not establish production standards that would prevent interstate sales of agricultural goods.

Provisions in S. 3240 that are not in H.R. 6083 include clarifications of conditions for releasing data gathered by USDA to state or local government agencies; an increase in the population threshold for the definition of "rural" and "rural areas"; an increase in administrative expenses for three regional development commissions that were established by the 2008 farm bill; and a provision to remove Canada geese from National Park Service lands near airports to diminish flight safety risks. In addition, S. 3240 repeals the 2008 farm bill provision that made catfish an amenable species subject to inspection by USDA and animal welfare provisions that exempt household pets from some exhibition regulations.

Two provisions included in Title XII of S. 3240 that are unrelated to food and agriculture policy are a prohibition on federal funding for presidential nominating conventions and a requirement for three reports on sequestration under the Budget Control Act of 2011 (P.L. 112-25).

Provisions of the Senate-Passed 2012 Farm Bill (S. 3240) and the House Agriculture Committee-Reported Bill (H.R. 6083), Compared with Current Law

Title I. Commodity Programs

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Direct Payments

 

 

Direct payments (DPs) are available to producers on farms with base acres (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]

Repeals direct payments. [Sec. 1101]

Identical to the Senate bill. [Sec. 1101]

Counter-Cyclical Payments

 

 

Counter-cyclical payments (CCPs) are available for same commodities as for direct payments plus pulse crops. 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)]

Repeals counter-cyclical payments. [Sec. 1102]

Repeals counter-cyclical payments. [Sec. 1102]

Establishes Price Loss Coverage (PLC) for producers of commodities covered by CCPs except upland cotton [Sec. 1104-1107]. Covers 2013-2017 crop years. Payment rate is difference between reference price and national midseason market price (or loan rate, if higher),

Target prices for 2012:

Wheat, bu., $4.17

Corn, bu., $2.63

Grain sorghum, bu., $2.63

Barley, bu., $2.63

Oats, bu., $1.79

Upland cotton, lb., $0.7125

Long grain rice, cwt., $10.50

Medium grain rice, cwt., $10.50

Soybeans, bu., $6.00

Other oilseeds, cwt., $12.68

Dry peas, cwt., $8.32

Lentils, cwt., $12.81

Small chickpeas, cwt., $10.36

Large chickpeas, cwt., $12.81

Peanuts, ton, $495

Payment amount = Payment rate times 85% of base acres times counter-cyclical program yield for the farm (generally based on 1998-2001 data).

 

Reference prices:

Wheat, bu., $5.50

Corn, bu., $3.70

Grain sorghum, bu., $3.95

Barley, bu., $4.95

Oats, bu., $2.40

Upland cotton, none (covered by STAX program Title XI)

Long grain rice, cwt., $14.00

Medium grain rice, cwt., $14.00

Soybeans, bu., $8.40

Other oilseeds, cwt., $20.15

Dry peas, cwt., $11.00

Lentils, cwt., $19.97

Small chickpeas, cwt., $19.04

Large chickpeas, cwt., $21.54

Peanuts, ton, $535

Payment amount = Payment rate times 85% of total acres planted to crop (and 30% of acres of "prevented plantings") times existing counter-cyclical program yield (or 90% of 2008-2012 average yield per planted acre). Payment acres cannot exceed farm base acres.

Payment is made on or after October 1 following the completion of the marketing year.

Revenue-Based Payments

 

 

For covered commodities and peanuts, Average Crop Revenue Election (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]

Repeals Average Crop Revenue Election (ACRE) program. [Sec. 1103]

Establishes Agriculture Risk Coverage (ARC) program for crop years 2013-17 for the same crops as those under counter-cyclical 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. [Sections 1104, 1105, 1107]

Repeals Average Crop Revenue Election (ACRE) program. [Sec. 1103]

Establishes Revenue Loss Coverage (RLC) as an alternative to PLC for crop years 2013-2017 for the same crops as those under ARC. The program is similar to ARC but with several differences indentified below. [Sections 1104, 1105, 1107, 1109]

 

The election is a one-time, irrevocable decision applicable to all acres under the operational control of the producers.

Farmers make a one-time, irrevocable election on a commodity-by-commodity and farm-by-farm basis to receive RLC payment instead of PLC.

 

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 below). 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.

Revenue loss trigger (guarantee) is based on 85% of historical revenue (compared with 89% in S. 3240).

 

For benchmark revenue, farmer can elect either a farm option or county option:

 

 

(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

No farm option available,

 

(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 plantings).

Payment is made on 85% of planted acres and 30% of prevented planted acres.

 

Special minimum prices are established in benchmark revenue calculation for rice ($13 per hundredweight (cwt.)) and peanuts ($530 per ton).

For all crops, reference prices (see PLC) are used as minimum prices in the revenue guarantee.

 

Separate guarantees are to be calculated for irrigated and nonirrigated crops and differentiated by class of sunflower seeds, barley (using malting prices), and wheat.

Separate guarantees are to be calculated for irrigated and nonirrigated crops.

 

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.

Payment acres capped at total farm base acres,

 

Payment is made as soon as practicable after USDA determines it is due (during the marketing year).

Payment is made on or after October 1 following the completion of the marketing year.

 

In combination with ARC, producers may purchase an additional insurance policy called Supplemental Coverage Option (SCO) under Title XI (crop insurance).

Supplemental Coverage Option (SCO) is not available in combination with RLC but may be purchased with PLC.

 

 

 

Nonrecourse Marketing Loans and Other Recourse Loans

 

Nonrecourse marketing loans are available for any amount of a loan commodity (see list below) produced in crop years 2008-2012. [7 U.S.C. 8731] 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)]

Generally continues current law to cover 2013-2017 crop years for all loan commodities (including peanuts). [Sec. 1201]

Identical to the Senate bill. [Sec. 1201]

Loan commodities and loan rates:

Wheat, per bushel (bu.), $2.94 ($2.75 in 2008, 2009)

Corn, bu., $1.95

Grain sorghum, bu., $1.95

Barley, bu., $1.85

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)]

Loan commodities same as current law. [Sec. 1201]

For 2013-2017 crop years, loan rates same as current law except for upland cotton. The loan rate for upland cotton is changed from $0.52 per lb. to the simple average of the adjusted prevailing world price for the two immediately preceding marketing years, but not less than $0.47 per pound or more than $0.52 per pound. [Sec. 1202]

Identical to the Senate bill. [Sec. 1201]

Identical to the Senate bill. [Sec. 1202]

Term of loans: 9 months after the day the loan is made; no extensions. [7 U.S.C. 8733] Same term for peanuts. [7 U.S.C. 8757(c)]

Same as current law. [Sec. 1203]

Identical to the Senate bill. [Sec. 1203]

Loan repayment: Loans may be repaid at the lesser of (1) the loan rate plus 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)]

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)]

Same as current law. [Sec. 1204]

Identical to the Senate bill. [Sec. 1204]

Loan deficiency payments (LDP) are available to producers who agree to 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)]

For 2013-2017 crop years, same as current law. [Sec. 1205]

Identical to the Senate bill. [Sec. 1205]

Payments in lieu of LDP for grazed acreage of wheat, barley, oats, or triticale. [7 U.S.C. 8736]

For 2013-2017 crop years, same as current law. [Sec. 1206]

Identical to the Senate bill. [Sec. 1206]

Special marketing loan provisions for upland cotton impose a special 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)]

For the period August 1, 2013, through July 31, 2018, same as current law. [Sec. 1207]

Identical to the Senate bill. [Sec. 1207]

Economic adjustment assistance to users of upland cotton provides assistance of 4¢/lb. to domestic users of upland cotton for uses of all 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)]

Same as current law; payment rate drops to 3¢/lb. [Sec. 1207]

Identical to the Senate bill. [Sec. 1207]

Special competitiveness program for ELS cotton provides payments to 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]

Same as current law through July 31, 2018. [Sec. 1208]

Identical to the Senate bill. [Sec. 1208]

Recourse loans for high moisture feed grains and seed cotton are 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]

For 2013-2017 crop years, same as current law. [Sec. 1209]

Identical to the Senate bill. [Sec. 1209]

Adjustments of loan rates are authorized for any commodity (other than 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.

Same as current law. [Sec. 1210]

Nearly identical to the Senate bill except removes certain mandatory provisions to quality adjustments. [Sec. 1210]

Conservation Compliance/Producer Agreement

 

Eligibility for direct payments, counter-cyclical payments, or average crop revenue election payments requires producers to comply with conservation, wetland, and planting flexibility requirements; use base acres for agricultural or conserving use, and not for nonagricultural commercial, industrial, or residential use; control noxious weeds and maintain sound agricultural practices. Producers must submit annual acreage reports for all cropland on the farm. [7 U.S.C. 8716 (a)] Same provision for peanuts. [7 U.S.C. 8755(a)] Under Title II (Conservation) of the 2008 farm bill (P.L. 110-246), benefits under the marketing loan program are 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)].

Same as current law, with application to the new Agriculture Risk Coverage (ARC) program [Sec. 1106] and continued compliance requirement to receive benefits under the marketing assistance loan program. [Sec. 1201]

Producer must annually report data on production in addition to acreage. The Secretary shall use data reported by the producer for crop insurance requirements to meet obligations for program payments without additional submissions to USDA. [Sec. 1106]

Same as Senate bill, with application to Price Loss Coverage (PLC) and Revenue Loss Coverage (RLC). Senate bill excludes requirement for production reports and use of crop insurance data. [Sec. 1108]

 

See also Title II Conservation, whereby in order to receive crop insurance premium subsidies, a producer must be in compliance with conservation requirements (within 5 years) and wetland requirements. [Sec. 2609]

No comparable provision.

Supplemental Agricultural Disaster Assistance (Expired on 9/30/11)

 

Beginning in 2008, five new disaster programs were authorized for disasters occurring on or before 9/30/11. [7 U.S.C. 1531] Program funding derived from a transfer of 3.08% of annual customs receipts to the newly created Agricultural Disaster Relief Trust Fund. [19 U.S.C. 2497(a)]

SURE is not reauthorized. Other four programs are reauthorized with mandatory funding from the Commodity Credit Corporation for FY2012 through FY2017. [Sec. 1501]

Same as Senate bill, except as identified below. [Sec. 1501]

The five programs: (1) Supplemental Revenue Assistance (SURE) Payments for crops (not just farm program crops); compensates producers for a portion of losses that are not eligible for an indemnity payment under a crop insurance policy; (2) Livestock 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 Program (LFP) for grazing losses due to qualifying drought conditions (as determined by the U.S. Drought Monitor report) or fire on rangeland managed by a federal agency; (4) Emergency Assistance for Livestock, Honeybees, and Farm-Raised Catfish (ELAP), which provided up to $50 million annually 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.

LIP payment rate is reduced from 75% to 65% of the market value of livestock.

For LFP, payment is triggered by eligible forage losses, which may be determined by either (1) drought conditions as measured by the U.S. Drought Monitor report, or (2) low precipitation (at least 50% below normal level in a county during a calendar year). Coverage continues for losses due to fire on public rangeland. LFP is to serve as the sole source of livestock forage assistance, combining the livestock forage assistance functions of ELAP and the noninsured crop disaster assistance program (NAP).

Maximum funding for ELAP is $5 million annually.

TAP payment rate for replanting is reduced from 70% to 65%.

LIP payment rate remains at 75%.

For LFP, retains program language in 2008 farm bill.

Maximum funding for ELAP is $20 million annually.

Identical to Senate bill.

Maximum payments set at $100,000 per person per year for first four programs combined. TAP has a separate limit of $100,000.

Retains the combined $100,000 per person payment limit for LIP, LFP, and ELAP. Retains the separate limit of $100,000 for TAP.

Combined payment limit of $125,000 per person for LIP, LFP, and ELAP. Separate limit of $125,000 for TAP.

Sugar Program

 

 

Price Support and Supply Management

 

 

Requires USDA to the maximum extent practicable to operate the sugar nonrecourse loan program at no net cost by avoiding loan forfeitures to the CCC (i.e., no outlays recorded). [7 U.S.C. 7272 (f), 7 U.S.C. 1359bb (b)(1), 7 U.S.C. 1359cc (b)] This is to be accomplished by (1) limiting amount of sugar that processors of sugar beets and sugarcane supply to the U.S. market under marketing allotments, (2) restricting imports under a quota (see below), in order to maintain market prices above levels supported by loan rates, and (3) requiring USDA, under specified conditions, to operate the feedstock flexibility program for bioenergy producers (i.e., sugar-to-ethanol program). [7 U.S.C. 1359aa et seq., 7 U.S.C. 8110]

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 amount of sugar for food that processors can sell 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-1359jj, 1359ll]

Continues all features of the current program and maintains FY2012 loan rates (18.75¢/lb. for raw cane sugar; 24.09¢/lb. for refined beet sugar) through the 2017 crop year. [Sec. 1301]

Continues the feedstock flexibility program (i.e., sugar-to-ethanol program) through the 2017 crop year. [See Sec. 9009 in Title IX -Energy]

Identical to Senate bill, except does not include provision to advance the date that USDA can increase the import quota (see below). [Sec. 1301 and Section 9009]

Import Quotas

 

 

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]

Advances the date that USDA can increase the import quota to February 1 from April 1. [Sec. 1301]

Same as current law.

Dairy Programs

 

 

Repeal or Reauthorization of Dairy Programs

 

 

Dairy Product Price Support Program. Mandates the direct support of 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.)) Allows 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]

Repealed effective October 1, 2012. [Sec. 1471(a)]

Identical to the Senate bill. [Sec. 1481(a)]

Milk Income Loss Contract (MILC) Program. MILC is a counter-cyclical payment program. When the monthly farm price of fluid milk falls below $16.94/cwt., all dairy farmers are paid an amount equal to 45% of the difference 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]

Extended temporarily through June 30, 2013, using the 45% rate rather than reverting to the 34% rate for calculating the payment rate. Effective July 1, 2013, MILC is repealed. [Sec. 1471(b)]

Repealed effective October 1, 2012. [Sec. 1481(b)]

Dairy Export Incentive Program. Provides cash bonus payments to U.S. 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]

Repealed effective October 1, 2012. [Sec. 1472]

Identical to the Senate bill. [Sec. 1482]

Dairy Forward Pricing Program. Authorizes a dairy forward pricing program. Prices paid by milk handlers under the contracts are deemed to satisfy 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. Allows for new contracts until September 30, 2012, but no contract can extend beyond September 30, 2015. [7 U.S.C. 8772]

Extended through FY2017. Allows for new contracts until September 30, 2017, but no contract can extend beyond September 30, 2020. [Sec. 1473]

Identical to the Senate bill. [Sec. 1483]

Dairy Indemnity Program. Authorizes payments to dairy farmers when a 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]

Extended through FY2017. [Sec. 1474]

Identical to the Senate bill. [Sec. 1484]

Dairy Promotion and Research Program. The Dairy Producer Stabilization 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]

Extended through FY2017. [Sec. 1475]

Identical to the Senate bill. [Sec. 1485]

Federal Milk Marketing Orders. Federal milk marketing order rules issued by USDA place requirements on the first buyers or handlers of milk, including paying at least minimum prices for the milk depending on its end use. Permanent federal authority to regulate the handling of milk was first provided in the Agricultural Adjustment Act of 1933, and subsequently revised by the Agricultural Marketing 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.]

Mandates the establishment of an information clearinghouse (including explicit instructions for the requisite types of information to be made available) for the purposes of educating the public about the Federal Milk Marketing Order system and any marketing order referenda. The aforementioned information should be made available through both an internet site and major agriculture and dairy-specific publications. Requires USDA to conduct a feasibility study for establishing two classes of milk (fluid and manufacturing). [Sec. 1462]

Requires USDA to analyze (and report to Congress) the effects of replacing the use of end-product price formulas with other pricing alternatives. [Sec. 1481]

No comparable provision.

No comparable provision.

Federal Milk Marketing Order Review Commission. As established by the 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.

Provides an option for funding from sources other than annual appropriations. [Sec. 1476]

Repealed effective October 1, 2012. [Sec. 1486]

Dairy Market Transparency

 

 

Dairy Product Mandatory Reporting. Dairy Market Enhancement Act of 2000 requires manufacturers to report to USDA the price, quantity, and moisture 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]

Requirements are added that specify a reporting periodicity that is more frequent than once per month. [Sec. 1461]

No comparable provision.

Definitions

 

 

No comparable provision.

Actual Dairy Production Margin: difference between the all-milk price and the average feed cost. [Sec. 1401(1)]

Identical to the Senate bill. [Sec. 1401(1)]

No comparable provision.

All-Milk Price: the national average price received, per cwt. of milk, by dairy operations. [Sec. 1401(2)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [Sec. 1401(4)]

 

Corn and alfalfa hay prices are monthly prices received as reported by USDA in Agricultural Prices. The soybean meal price is the monthly price for central Illinois as reported by USDA in Market News. [Sec. 1402(a)]

Identical to the Senate bill. [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]

Identical to the Senate bill. [Sec. 1401(6)]

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 all-milk price and the 2-month average feed cost. [Sec. 1402b(1)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [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]

Identical to the Senate bill. [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 one-year period after their first milk is marketed commercially. A dairy operation may elect to remain in MILC during temporary extension through June 30, 2013, or to participate in DPMPP, but not both. Dairy producers that elect MILC may at any time make a permanent transfer to DPMPP. [Sec. 1412]

Identical to the Senate bill. [Sec. 1412]

 

An annual administration fee is required for participation in DPMPP as follows: $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(e)]

Nearly identical to the Senate bill, except that the annual administration fee for participation in DPMPP is as follows: $100 if (milk production) < 1million (M) lbs.; $250 if 1M lbs. to 10M lbs.; $500 if > 10M lbs. and < 40M lbs.; and $1,000 if > 40M lbs. [Sec. 1412(e)]

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)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [Sec. 1413(b)]

Identical to the Senate bill. [Sec. 1413(d-e)]

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]

Identical to the Senate bill. [Sec. 1414]

No comparable provision.

Supplemental Production Margin Protection (SPMP). A participating dairy operation may annually purchase SPMP to protect additional margin beyond the basic $4.00/cwt. [Sec. 1415(a)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [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. [Sec. 1415d(1)]

Identical to the Senate bill. [Sec. 1415d(1)]

 

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. 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. 1415d(2-3)]

Nearly identical to the Senate bill, except that the SPMP premium rate schedule varies slightly. For the first 4 million lbs. of milk marketings the premium per cwt. is $0.01 for $4.50 margin coverage; $0.025 for $5.00; $0.04 for $5.50; $0.065 for $6.00; $0.09 for $6.50; $0.434 for $7.00; $0.59 for $7.50; and $0.922 for $8.00. In excess of 4 million lbs. the premium per cwt. is: $0.015 for $4.50 margin coverage; $0.036 for $5.00; $0.081 for $5.50; $0.155 for $6.00; $0.23 for $6.50; $0.434 for $7.00; $0.59 for $7.50; and $0.922 for $8.00. [Sec. 1415d(2-3)]

 

The SPMP premium is pro-rated for new dairy producers and maybe waived in the case of death, retirement, permanent dissolution, or other circumstances as judged by USDA. [1415(e)]

Identical to the Senate bill. [Sec. 1415(e)]

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)]

Identical to the Senate bill. [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)]

Identical to the Senate bill. [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]

 

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]

Identical to the Senate bill. [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]

Identical to the Senate bill. [Sec. 1432]

No comparable provision.

Producer Milk Marketing Information. Requires USDA to establish, by regulation, a process to collect from participating dairy producers and handlers such information as necessary for each month during which DMSP is in effect. [Sec. 1433]

Identical to the Senate bill. [Sec. 1433]

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]

Identical to the Senate bill. [Sec. 1434]

 

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 where they shall 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 shall 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 Thresholds 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), and the conditions of Sec. 1432 are met again. [Sec. 1436(b)]

Identical to the Senate bill. [Sec. 1436(b)]

No comparable provision.

No comparable provision.

Enhanced Suspension Thresholds for DMSP. Such thresholds are included whereby, if the stabilization program (DMSP) is not suspended according to Sec. 1436(b) for 6 consecutive months, then DMSP may be suspended whenever any of the following market conditions are met:

(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 > 97% of the world price for cheddar cheese, or (B) the U.S. price for nonfat dry milk (NFDM) is > 97% of 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 > 103% of the world price for cheddar cheese, or (B) the U.S. price for NFDM is > 103% of the world price for NFDM; or

(4) the actual dairy production margin is < $4.00/cwt. for 2 consecutive months, but during that period either (A) the U.S. price for cheddar cheese is > 106% of the world price for cheddar cheese, or (B) the U.S. price for NFDM is > 106% of the world price for NFDM. [Sec. 1436(c)]

No comparable provision.

Enforcement. Provisions for enforcing DMSP are specified. [Sec. 1437]

Identical to the Senate bill. [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]

Identical to the Senate bill. [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]

No comparable provision.

Administrative Provisions

 

Payment Limitations

 

Establishes the maximum amount of payments per year to a person or legal entity for the sum of all covered commodities, except peanuts. Peanuts have a separate but equal payment limitation.

—Direct payments: $40,000
—Direct payments under ACRE: $40,000 minus the reduction required for an ACRE participant.
—Counter-cyclical payments: $65,000
—ACRE payments: $65,000 plus the reduction in the limit from the direct payment limit.
—Marketing loan gains/LDP: no limit.  [7 U.S.C. 1308 (a)-(d)]

Establishes a limit on Agriculture Risk Coverage (ARC) payments, and reinstates limits on marketing loan gains and LDPs.

—ARC payments for the sum of all covered commodities except peanuts: $50,000

—ARC payments for peanuts: $50,000

—Marketing loan gains/LDP for covered commodities except peanuts: $75,000

—Marketing loan gains/LDP for peanuts: $75,000 [Sec. 1603]

Establishes a limit on the sum of Price Loss Coverage and Revenue Loss Coverage payments, and continues no limits on marketing loans/LDPs.

—PLC and RLC payments for the sum of all covered commodities except peanuts: $125,000

—PLC and RLC payments for peanuts: $125,000

—Marketing loan gains/LDP: no limit. [Sec. 1603]

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 allocated 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 (e)-(h)]

Continues other payment limit provisions such as direct attribution, with the exception of the definition of active personal management (see below).

Continues current law.

To be eligible for payments, persons must be "actively engaged" in farming. Actively engaged, in general, is defined as making a significant contribution of (i) capital, equipment or land, and (ii) personal labor or active personal management. Also, profits are to be commensurate with the level of contributions, and contributions must be at risk. Legal entities can be actively engaged if members collectively contribute personal labor or active personal management. Special classes allow landowners to be considered actively engaged if they receive income based on the farm's operating results, without providing labor or management, Spouses are considered actively engaged if the other spouse meets the qualification. [7 U.S.C. 1308-1]

Deletes "active personal management" from the definition of actively engaged in farming. Effectively requires personal labor in the farming operation to be considered actively engaged. Members of legal entities collectively would need to make a significant contribution of personal labor. Adds a special class of "farm managers" that may be considered actively engaged by providing management but not personal labor. However the Secretary would take into account the size and complexity of the operation and whether such management requirements are normally needed by similar operations, A farm manager must the be only person to qualify an operation, may qualify only one operation, and must manage an operation that doesn't share resources with another that collectively receives 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]

Continues current law.

Adjusted Gross Income (AGI) Limitation

 

 

Prohibits farm commodity program benefits to an individual or entity if adjusted gross income exceeds certain thresholds. For this purpose, AGI is divided into two parts: farm AGI and non-farm AGI. Uses a 3-year average when comparing to the limit.

Eliminates the distinction between non-farm AGI and farm AGI, and establishes a limit on total AGI.  For most individuals, tightens the limit. For some individuals with non-farm AGI between $500,000 and $750,000, may restore eligibility if farm income is low. Uses a 3-year average when comparing to the limit.

Eliminates the distinction between non-farm AGI and farm AGI, and establishes a limit on total AGI. For some individuals, tightens the limit if they use most of the former $500,000 and $750,000 limits. For other individuals, may restore eligibility if AGI is concentrated to either the farm or non-farm component (e.g., non-farm AGI between $500,000 and $950,000 and low farm AGI). Uses a 3-year average when comparing to the limit.

—$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, but 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]         

—$750,000 limit on total AGI to qualify for and receive ARC payments, marketing loan gains or loan deficiency payments, supplemental agricultural disaster assistance, and noninsured crop assistance. [Sec. 1605]

—$950,000 limit on total AGI to qualify for and receive PLC and RLC payments, marketing loan gains or loan deficiency payments, supplemental agricultural disaster assistance, noninsured crop assistance, and conservation programs. [Sec. 1604]

For conservation programs, $1 million limit on non-farm AGI, unless more than 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)]

Eliminates the USDA waiver authority for "environmentally sensitive land of special significance."   Continues $1 million limit on non-farm AGI, and the exception, for conservation programs. [Sec. 1108]

Eliminates the separate AGI limit for conservation programs, exception for 2/3 of AGI being farm AGI, and—like the Senate bill—eliminates the USDA waiver authority for "environmentally sensitive land of special significance." Applies the same $950,000 total AGI limit to the conservation programs as for the farm commodity programs. [Sec. 1604(a)]

No comparable provision.

See: Title XI, Crop Insurance, which reduces crop insurance premium subsidies by 15 percentage points for producers with AGI greater than $750,000. [Sec. 11032 in Title XI, Crop Insurance]

No comparable provision.

Other Administrative Provisions

 

 

Authorizes use of funds, facilities, and authorities of the Commodity Credit Corporation (CCC) to carry out Title I. Determinations by USDA shall be final. Allows promulgation of regulations, and adjusting expenditures if they will exceed allowable support levels under the Uruguay Round Agreements. [7 U.S.C. 8781]

Same as current law. [Sec. 1601]

Identical to the Senate bill. [Sec. 1601]

Suspends the permanent price support authority of the Agricultural Adjustment Act of 1938 and the Agricultural Adjustment Act of 1949 for the 2008-12 crops (covered commodities, peanuts, and sugar), and for milk through December 31, 2012. [7 U.S.C. 8782]

Same as current law, except applies to 2013-2017 crop years, and milk through December 31, 2017. [Sec. 1602]

Identical to the Senate bill. [Sec. 1602]

Provides payments to "geographically disadvantaged farmers" in insular areas, Alaska, and Hawaii 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 annually for FY2009-12. [7 U.S.C. 8792]

Reauthorizes through FY2017. [Sec. 1606]

Identical to the Senate bill. [Sec. 1605]

Exempts producers from liability for certain deficiencies in collateral to secure any nonrecourse loan. [7 U.S.C. 7284]

Same as current law. [Sec. 1607]

Identical to the Senate bill. [Sec. 1606]

Requires regulations that describe the circumstances allowing payments to a 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]

Same as current law. [Sec. 1608]

Identical to the Senate bill. [Sec. 1607]

Any person who receives an adverse program decision from USDA's Farm Service Agency, Risk Management Agency, Natural Resources Conservation Service, or the three USDA Rural Development agencies may file an appeal with 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]

Adds authorization for the Assistant Secretary of Administration to administer law and regulations that relate to competitive and excepted service position in NAD. [Sec. 1609(a)] Defines matters not subject to appeal. [Sec. 1609(b)]

No comparable provision.

Requires that assignment of payments must be done in accordance with USDA regulations. [7 U.S.C. 8784]

Same as current law. [Sec. 1611]

Identical to the Senate bill. [Sec. 1609]

Requires tracking of program benefits under Commodity and Conservation titles that are made directly or indirectly to individuals and entities. [7 U.S.C. 8785]

Same as current law. [Sec. 1612]

Identical to the Senate bill. [Sec. 1610]

Requires that, if USDA approves a program document containing signatures of 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]

Same as current law. [Sec. 1613]

Identical to the Senate bill. [Sec. 1611]

Provides $50 million of mandatory funds from the CCC to implement Title I. [7 U.S.C. 8793]

Provides $100 million of mandatory funds from the CCC to implement Title I. USDA is to reduce administrative burdens on participants, improve information coordination among agencies, and take advantage of new technologies to deliver programs to producers. [Sec. 1614]

Identical to the Senate bill. Also directs USDA to maintain base acres and payment yields for covered commodities (and upland cotton), with separate bases acres for long grain and medium grain rice. [Sec. 1612]


Title II. Conservation

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Conservation Reserve Program (CRP)

 

 

Sec.1231(a-b) of the Food Security Act of 1985 (FSA) (P.L. 99-198, or the 1985 farm bill), as amended, authorizes the CRP through FY2012. CRP provides annual rental payments to producers to replace crops on highly erodible and environmentally sensitive land with long-term resource conserving plantings. [16 U.S.C. 3831(a-b)]

Extends authorization through FY2017. Adds grasslands to list of eligible lands, which is consistent with the consolidation of Grassland Reserve Program (GRP) rental agreements under CRP (also see Sec. 2004 below). Amends eligible land definition for land not enrolled in CRP. [Sec. 2001(a-b)]

Nearly identical to the Senate bill with minor differences. [Sec. 2001(a-b)]

Sec. 1231(c) of the FSA, as amended, determines the planting status of certain land. [16 U.S.C. 3831(c)]

Deletes language allowing land enrolled in the Water Bank Program and cropland expiring in CY2000-CY2002 to be enrolled. [Sec. 2001(c)]

Identical to the Senate bill. [Sec. 2001(c)]

Sec. 1231(d) of the FSA, as amended, authorizes the maximum acreage enrollment levels; the program is currently authorized through FY2012 to enroll up to 32 million acres. [16 U.S.C. 3831(d)]

Reduces enrollment to 30 million acres in FY2013; 27.5 million acres in FY2014; 26.5 million acres in FY2015; 25.5 million acres in FY2016; and 25 million acres in FY2017. Also caps grassland enrollment at 1.5 million 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)]

Reduces enrollment to 29 million acres in FY2013; 26 million acres in FY2014; 26 million acres in FY2015; 25.5 million acres in FY2016; and 25 million acres in FY2017. Also caps grassland enrollment at 2 million acres between FY2013-FY2017. Gives expiring CRP acres priority enrollment for grassland contracts. Grassland sign-up is continuous with one or more ranking periods. [Sec. 2001(d)]

Sec. 1231(e) of the FSA, as amended, defines the duration of contracts. [16 U.S.C. 3831(e)]

Amends language for land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors to allow flexible contract lengths beyond the current 10-15 years. [Sec. 2001(e)]

Nearly identical to the Senate bill with minor differences. [Sec. 2001(e)]

Sec. 1231(f) of the FSA, as amended, lists priority areas as the Chesapeake Bay Region, the Great Lakes Region, and Long Island Sound. [16 U.S.C. 3831f]

Deletes watershed-specific language, but retains the use of conservation priority areas as determined by USDA. [Sec. 2001(f)]

Identical to the Senate bill. [Sec. 2001(f)]

Sec. 1231B(a-f) of the FSA, as amended, authorizes a pilot program for up to 1 million acres of wetland and buffer acreage in CRP. [16 U.S.C. 3831b]

Renames the pilot program "Farmable Wetlands Program," reauthorizes the program until FY2017, and clarifies language related to constructed wetlands receiving water from agricultural drainage. [Sec. 2002]

Similar to the Senate bill, but reduces acreage limitation from 1 million acres to 750,000 acres. [Sec. 2002]

Sec. 1232(a)(8) of the FSA, as amended, establishes approved use of harvesting, grazing, and wind turbine use on CRP acres. [16 U.S.C. 3832(a)(8)]

Deletes language related to harvesting, grazing, and wind turbine use on CRP acres. Adds similar language under Sec. 2004 (see below). [Sec. 2003(a)]

Nearly identical to the Senate bill with minor differences. [Sec. 2003(a)]

Sec. 1232(b & d) of the FSA, as amended, requires a conservation plan on all CRP acres and reduces rental payment for certain authorized uses. [16 U.S.C. 3832(b & d)]

Amends conservation plan language by removing possible base acre retirement. Deletes rental payment reduction requirement for certain authorized activities. Rental payment reduction language is added under Sec. 2004 (see below). [Sec. 2003(b-c)]

Nearly identical to the Senate bill with minor differences. [Sec. 2003(b-c)]

Sec. 1233 of the FSA, as amended, specifies the duty of USDA to make cost-share payments and rental payments. [16 U.S.C. 3833]

Deletes the current section and adds new section that specifies the duties of USDA as: 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 reenroll in CRP for five years. [Sec. 2004]

Similar to the Senate bill, but does not include the Senate provision allowing beginning farmers or ranchers to graze livestock without a reduction in rental rate. Includes a different rate (not more than once every three years) for identifying periods in which managed haying and other commercial uses may occur in exchange for a reduction in rental rate. Does not include the Senate provision that requires a reduced rental payment for landowners electing to install land improvement practices up to one year before the CRP acres expire. [Sec. 2004]

Sec. 1234 of the FSA, as amended, establishes a framework for calculating annual rental payments. [16 U.S.C. 3834]

Allows incentive payments for tree and shrub maintenance (thinning activities). Amends rental payment 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. 2601(a) includes a limit of $10 million for thinning activities between FY2013-FY2017.

Similar to the Senate bill, but does not include incentive payments for thinning activities. Also does not include the language allowing USDA to consider dryland cash rental rate when determining annual rental rates. [Sec. 2005] Sec. 2601(a) does not include a limit for thinning activities.

Sec. 1235(f) of the FSA, as amended, facilitates the transfer of CRP acres from a retiring owner to a beginning/socially-disadvantaged producer to return land to production, and allows new owner to begin land improvements or start organic certification process one year before CRP contract expires. [16 U.S.C. 3835(f)]

Simplifies language and provides conforming amendments to the CRP transition option. [Sec. 2006] Sec. 2601(a) includes a $50 million limit for the CRP transition option between FY2013-FY2017.

Amends the early termination provisions to allow producers with a CRP contract in place for five or more years to terminate the contract in FY2013. Expands the list of land that may not be subject to early termination. Provides conforming amendments, similar to the Senate bill, to the CRP transition option. Adds a provision allowing landowners to enroll in CSP (see program beginning with Sec. 2101) and conduct activities required under CSP in the final year of the CRP contract without violating the terms of the contract. Also allows USDA to terminate or modify a CRP contract if land is enrolled in ACEP (see section beginning with Sec. 2301). [Sec. 2006]

Sec. 1235A of the FSA, as amended, allows land enrolled in CRP before enactment of the 1990 farm bill (P.L. 101-624, November 28, 1990) to convert vegetative cover to hardwood trees or restored wetlands [16 U.S.C. 3835a]

Repeals a provision added in the 1990 farm bill that allows land to be converted from vegetative cover to hardwood trees or restored wetlands. [Sec. 2007]

Identical to the Senate bill. [Sec. 2007]

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]

Nearly identical to the Senate bill with minor differences. [Sec. 2008]

Sec. 1241(a)(1) of the FSA, as amended, limits payments for thinning activities to $100 million between FY2009-FY2012 and payments for the transition assistance (see Sec. 1235(f) above) to $25 million for FY2009-2012. [16 U.S.C. 3841(a)(1)]

Reduces limit for thinning activities (see Sec. 2005) to $10 million between FY2013-FY2017 and increases limit for transition assistance (see Sec. 2006) to $50 million between FY2013-FY2017. [Sec. 2601(a)]

Does not include a limit for thinning activities (see Sec. 2005). Extends the $25 million limit for transition assistance to FY2013-FY2017 (see Sec. 2006). [Sec. 2601(a)]

Conservation Stewardship Program (CSP)

 

 

Sec. 1238D of the FSA, as amended, defines program terms for CSP. CSP provides financial and technical assistance to promote the conservation and 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]

Deletes definition of 'conservation measurement tools' and moves the definition of 'eligible land' from Sec. 1238E(b) of the FSA, as amended to the definition section. [Sec. 2101(a)]

Similar to the Senate bill except that it further defines eligible land to include land used or capable of being used for production of livestock. [Sec. 2101(a)]

Sec. 1238E of the FSA, as amended, establishes the CSP program for FY2009-FY2014. Eligible land includes private agricultural land, tribal agricultural land (that has been planted to crops four of preceding six years), and nonindustrial private forest land. [16 U.S.C. 3838e]

Reauthorizes the program through FY2017. Moves definition of 'eligible land' to the definition section (1238D of the FSA, as amended) and removes nonindustrial private forest land limit of not more than 10% of total annual acres. [Sec. 2101(a)]

Similar to Senate bill, but allows CRP land in the last fiscal year of enrollment to be considered eligible for CSP. CRP payments must cease before CSP payments may begin. [Sec. 2101(a)]

Sec. 1238F of the FSA, as amended, establishes contract requirements for addressing at least one resource concern upon application and meeting or exceeding the threshold for at least one priority resource concern by the end of the contract. Establishes a ranking criteria of applications, contract provisions, contract renewal, and contract terminations. [16 U.S.C. 3838f]

Increases the entry requirement to address two resource concerns upon applying and meeting or exceeding the threshold for at least one additional priority resource concern. Adds expiring CRP acres transitioning to production as a consideration for ranking applications. Requires contract renewal participants to agree to, at a minimum, at least two additional priority resource concerns. [Sec. 2101(a)]

Nearly identical to the Senate bill with minor differences. [Sec. 2101(a)]

Sec, 1238G of the FSA, as amended, outlines the duties of USDA, including offering continuous enrollment with at least one ranking period per year, identifying between 3-5 priority resource concerns, and developing a conservation measurement tool. Limits acreage enrollment to 12,769,000 acres for each fiscal year 2008 though 2017. Requires a national average rate of $18 per acre (to include all costs). Payments may be based on the costs incurred, income forgone, and expected environmental benefits. In general, payments are made at the 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]

Increases the number of priority resource concerns identified by USDA to not less than five. Removes references to a conservation measurement tool. Reduces the number of enrollable acres to 10,348,000 acres for each fiscal year 2012 through 2021. Adjusts the payment limit requirement to a total of $200,000 for all CSP contracts between FY2013 and FY2017. Provides additional payment direction and requires a prorated performance over the life of the contract to create equal payments each fiscal year. Removes data collection requirements. [Sec. 2101(a)]

Similar to the Senate bill with a reduced level of enrollable acres––9 million acres––for each fiscal year 2012 through 2021. [Sec. 2101(a)]

No comparable provision.

Provides transition language for existing CSP contracts. Amendments to CSP take effect on October 1, 2012. [Sec. 2101(b-c)]

Identical to the Senate bill. [Sec. 2101(b-c)]

Environmental Quality Incentives Program (EQIP)

 

Sec. 1240 of the FSA, as amended, authorizes EQIP, stating its purpose as promoting production and environmental quality as compatible goals, and optimizing environmental benefits by assisting producers: (1) with compliance with national regulatory requirements; (2) to avoid the need for regulation; (3) to 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]

Removes the 5th purpose area that requires the reduction of administrative burdens on the producer through consolidating conservation planning and streamlining regulatory compliance processes. Adds wildlife habitat improvement and development practices to the 3rd purpose area. [Sec. 2201]

Nearly identical to the Senate bill with minor differences. [Sec. 2201]

Sec. 1240A of the FSA, as amended, defines six terms: eligible land, National Organic Program, organic system plan, payment, practice, and program. [16 U.S.C. 3839aa-1]

Incorporates the definition of the National Organic Program into the definition of an organic system plan. [Sec. 2202]

No comparable provision.

Sec. 1240B(a-b) of the FSA, as amended, authorizes EQIP through FY2014. Contracts are 1-10 years in length. [16 U.S.C. 3839aa-2(a-b)]

Reauthorizes EQIP through FY2017. Removes the minimum one-year contract length requirement. [Sec. 2203(1-2)]

Nearly identical to the Senate bill with minor differences. [Sec. 2202(1-2)]

Sec. 1240B(d) of the FSA, as amended, limits EQIP payments to not more than 75% of the cost (up to 90% for limited resource, socially disadvantaged farm or rancher, or a beginning farmer or rancher) and not more than 100% of income forgone. Greater significance is provided for determining income forgone 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)]

Revises the list of practices afforded greater significance when determining income forgone. Adds veteran farmer or rancher to the list of certain producers eligible for cost-share rates up to 90% and advanced payments. Requires advanced payments not used within 90 days to be returned. [Sec. 2203(3)]

Does not include the Senate bill's list of practices. Adds veteran farmer or rancher to the list of certain producers eligible for higher cost-share rates. Increases the amount of advance payments from 30% to 50% of the cost-share rate. [Sec. 2202(3)]

Sec. 1240B(f) of the FSA, as amended, requires that 60% of EQIP payments go to practices related to livestock production requirement between FY2008-FY2012. [16 U.S.C. 3839aa-2(f)]

Extends through FY2017 the 60% of payments to livestock production requirement. Adds a minimum of 5% of funds go to payments benefiting wildlife habitat (see Sec. 2203(5)) or $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)]

Nearly identical to the Senate bill with minor differences. [Sec. 2202(4)]

Sec. 1240B(g) of the FSA, as amended, allows USDA to enter into alternative funding arrangement with federally recognized Native American Indian Tribes and Alaska Native Corporations. [16 U.S.C. 3839aa-2(g)]

No comparable provision.

Changes the term 'federally recognized Native American Indian Tribes and Alaska Native Corporations' to 'Indian Tribes.' [Sec. 2202(5)]

Sec. 1240N of the FSA, as amended, authorizes the Wildlife Habitat Incentives Program (WHIP), providing cost-sharing to landowners who improve habitat. Authorized to receive mandatory funding of $85 million annually through FY2012. [16 U.S.C. 3839bb-1]

Adds a new provision under EQIP specifically for wildlife habitat incentive practices. Language is similar to the Wildlife Habitat Incentives Program, which is repealed in Sec. 2707. [Sec. 2203(5)] Funding for the provision is provided in Sec. 2203(4).

Similar to the Senate bill. [Sec. 2202(6)]. The Wildlife Habitat Incentives Program is also repealed in Sec. 2707 and funding for the new wildlife provision is provided in Sec. 2202(4) above.

Sec. 1240C(b) of the FSA, as amended, identifies priorities to program applications. Gives higher priority for producers using cost-effective conservation practices to achieve environmental benefits. [16 U.S.C. 3839aa-3(b)]

Changes "environmental benefits" to "conservation benefits." [Sec. 2204]

Identical to the Senate bill. [Sec. 2203]

Sec. 1240D(2) of the FSA, as amended, states that in exchange for EQIP 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)]

Changes "farm, ranch, or forest" land to "enrolled" land. [Sec. 2205]

Identical to the Senate bill. [Sec. 2204]

Sec. 1240G of the FSA, as amended, limits EQIP participant's payments to $300,000 for any six-year period. This may be waived to up to $450,000 for any six-year period if the contract is of environmental significance. [16 U.S.C. 3839aa-7]

Limits EQIP payments for the period of authorization (FY2013-FY2017) rather than a rolling six-year period. [Sec. 2206]

Raises the EQIP payment limit to an aggregate of $450,000 between FY2013-FY2017 and eliminates the waiver authority for contracts of environmental significance. [Sec. 2205]

Sec. 1240H of the FSA, as amended, authorizes a competitive grants program within EQIP, known as the Conservation Innovation Grants (CIG). Grants are provided, on a matching basis, to implement innovative conservation practices. Provides $37.5 million of EQIP funds annually (FY2009-2012) to address air quality concerns. [16 U.S.C. 3839aa-8]

Reauthorizes the air quality funding carve-out of $37.5 million of EQIP annually through FY2017. Adds a reporting requirement that no later than Dec. 31, 2013, and every 2 years thereafter, a report must be submitted to Congress regarding CIG funding, project results, and technology transfer efforts. [Sec. 2207]

Eliminates the air quality funding carve-out of $37.5 million annually. Adds research and demonstration activities, and new technology pilot testing as eligible projects. Adds a reporting requirement identical to Senate bill. [Sec. 2206]

No comparable provision.

Provides transition language for existing EQIP contracts. Amendments to EQIP take effect on October 1, 2012. [Sec. 2208]

Identical to the Senate bill. [Sec. 2207]

Sec. 1241(a)(6) of the FSA, as amended, authorizes mandatory EQIP funding, rising from $1.2 billion in FY2008 to $1.75 billion in FY2014. [16 U.S.C. 3841(a)(6)]

Authorizes mandatory EQIP funding: $1.455 billion (FY2013); $1.645 billion (FY2014); and $1.65 billion (each FY2015-FY2017). Amended Sec. 1241(a)(5). [Sec. 2601(a)]

Authorizes mandatory EQIP funding of $1.75 million for each fiscal year 2013 through 2017. Amended Sec. 1241(a)(5) [Sec. 2601(a)]

Agricultural Conservation Easement Program (ACEP)

 

No directly comparable provision. Similar to the establishment and purposes section of the Wetlands Reserve Program (WRP, Sec. 1237(a)), the Farmland 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)]

Establishes the Agricultural Conservation Easement Program (ACEP). Combines the purposes of WRP, FPP, and GRP. Amended Sec. 1265 [Sec. 2301(a)]

Nearly identical to the Senate bill with minor differences. Amended Sec. 1265 [Sec. 2301(a)]

No directly comparable provision. Similar to definitions found in Sec. 1237 (WRP) and Sec. 1238H (FPP) of the FSA, as amended. [16 U.S.C. 3837 & 3838h]

Defines agricultural land easements, eligible entity, eligible land, program and wetland 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)]

Similar to the Senate bill with differences, including: the definition of agricultural land does not include the Senate language related to promoting agricultural viability; and the House bill contains wetland easements that may include cropland or grassland that has prior flooding from a closed basin lake or pothole if the state or other entity is willing to provide a 50% cost-share of the easement. Amended Sec. 1265A [Sec. 2301(a)]

No directly comparable provision. Similar to Sec. 1238I (FPP) of the FSA, as amended. Provides for the purchase of conservation easements by limiting the land's nonagricultural uses. The federal cost may not exceed 50% of the appraised market value of the easement and entities must contribute a minimum of 25% of the acquisition purchase price. Prohibits bidding down. Requires USDA to include a contingent right of enforcement in the terms of the easement, and that a conservation plan be required for any easements that include highly erodible cropland. Establishes a certification process for USDA to enter into agreements with eligible entities to use FPP cost-share assistance to purchase easements. To 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 required every three years. Agreements with non-certified entities are 3-5 years in length. [16 U.S.C. 3838i(c)-(h)]

Retains much of the FPP easement requirements for cost-share assistance, agreements with eligible entities, certification of eligible entities, including review and recertification requirements. Allows for grazing as a protected agricultural uses, similar to GRP easements. Requires appraisals based on uniform standards of professional appraisal practice or any other industry-approved standard. Requires eligible entities to provide contributions equivalent to the federal share or at least 50% of the federal share if the entity includes contributions from the private landowner. Allows up to 75% federal cost-share for grasslands of special environmental significance. Establishes an evaluation and ranking criteria for applications. Amended Sec. 1265B [Sec. 2301(a)]

Nearly identical to the Senate bill with minor differences. Amended Sec. 1265B [Sec. 2301(a)]

No directly comparable provision. Similar to Sec. 1237-1237F (WRP) of the FSA, as amended. WRP enrolls lands through the use of permanent easements, 30-yea easements, restoration cost-share agreements, or any combination thereof. Eligible lands under WRP include: farmed wetland or converted wetland, together with adjacent land, except wetlands converted before December 23, 1985; cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole; and possibly farmed wetlands enrolled in CRP that are likely to return to production upon contract expiration. Ineligible lands include CRP acres containing timber stands or CRP pasture established to trees. USDA is required to determine the value of easements and contracts by providing the lowest amount of compensation based on a comparison of the fair market value of the land, a geographic cap, or an offer made by the landowner. Easements with values less than $500,000 must be paid out over 1-30 years; easements with values greater than $500,000 are to be paid out over 5-30 years. Authorized to conduct a Wetlands Reserve Enhancement Program (WREP) for agreements with states similar to CREP. Priority is given to easements based on the value of protecting and enhancing habitat for migratory birds and other wildlife, while taking into consideration costs and future 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]

Retains much of the WRP easement requirements for land eligibility, easement terms, compatible uses, easement compensation, violation procedures, duties of USDA and the owner, cost-share, restoration, and technical assistance requirements, and modification and termination procedures. Reauthorizes WREP-like program referred to as the wetland enhancement option. No longer allows for stand-alone cost-share restoration agreements, only 30-year easements, permanent easements (or maximum duration allowed under law), and 30-year contracts for Indian Tribes, which may include restoration assistance. Requires the establishment of an evaluation and ranking criteria that maximizes the benefit of federal investment. Retains priority for easements based on the value to protecting and enhancing habitat for migratory birds and other wildlife, but removes consideration for costs and future agricultural and food needs. Makes the reserved grazing rights pilot program permanent. Compensation provisions are similar to WRP, but adds a requirement that 30-year contract (Tribes only) and 30-year easement compensation be between 50% and 75% of a permanent easement's compensation. Payment schedules are changed for easements with values less than $500,000 to be paid out not more than ten years and easements with values greater than $500,000 to be paid out over 5-10 years. Easement administration may still be delegated, however, the monitoring and enforcement responsibilities may not. Reduces the land ownership requirement to the preceding 24-month period. Amended Sec. 1265C [Sec. 2301(a)]

Identical to the Senate bill with minor differences. Amended Sec. 1265C [Sec. 2301(a)]

No comparable provision.

Outlines administrative requirements for ACEP using elements of WRP, FPP, and GRP. Provides priority for expiring CRP acres to enter into 1) 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)]

Similar to the Senate bill, except the House bill allocates funding to no less than 40% annual for agricultural land easement for FY2013 through FY2016 and 50% in FY2017. Amended Sec. 1265D [Sec. 2301(a)]

No comparable provision.

Requires ACEP participants to meet highly erodible land and wetlands conservation (collectively known as conservation compliance) requirements (see 16 U.S.C. 3811 et seq. under Sec. 2609(a-b) for a description). Provides technical amendments for other sections. Amendments take effect on October 1, 2012. [Sec. 2301(b-d)]

Similar to the Senate bill, including the conservation compliance requirement. Also amends acreage limitations to include the repealed WRP acres in the 25% county acreage cap in addition to CRP and the new wetland easements under ACEP. [Sec. 2301(b-d)]

No directly comparable provision. Sec. 1241(a)(2) and (a)(5) of the FSA, as amended, authorizes mandatory funding to enroll WRP & GRP acres respectively. Sec. 1241(a)(4) authorizes mandatory FPP funding, rising from $97 million in FY2008 to $200 million in FY2014. [16 U.S.C. 3841(a)(2); (a)(4); (a)(5)]

Authorizes mandatory ACEP funding: $223 million (FY2013), $702 million (FY2014); $500 million (FY2015); $525 million (FY2016); and $250 million (FY2017). Amended Sec. 1241(a)(2). [Sec. 2601(a)]

Authorizes mandatory ACEP funding: $450 million (FY2013), $475 million (FY2014); $500 million (FY2015); $525 million (FY2016); and $266 million (FY2017). Amended Sec. 1241(a)(2). [Sec. 2601(a)]

Regional Conservation Partnership Program (RCPP)

 

No directly comparable provision. Includes elements of the establishment and purposes section of the Agricultural Water Enhancement Program (AWEP, Sec. 1240I)), the Chesapeake Bay Watershed program (Sec. 1240Q), the Cooperative Conservation Partnership Initiative (CCPI, Sec. 1243) and the Great Lakes basin program for soil erosion and sediment control (Sec. 1240P) of the FSA, as amended. [16 U.S.C. 3839aa-9; 3839bb-4; 3843; 3839bb-3]

Establishes the Regional Conservation Partnership Program (RCPP). Combines the purposes of AWEP, the Chesapeake Bay Watershed program, CCPI, and the Great Lakes basin program to further conservation, restoration, and sustainability on a regional or watershed scale, and encourage partners to cooperate with producers in meeting or avoiding regulatory requirements and implementing projects. Amended Sec. 1271 [Sec. 2401]

Nearly identical to the Senate bill with minor differences. Amended Sec. 1271 [Sec. 2401]

No directly comparable provision. Includes elements of previously mentioned programs.

Defines covered programs as ACEP, EQIP & CSP. Eligible activities include those that 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(a)]

Similar to the Senate bill with differences, including: a definition of eligible land; and adds water district, irrigation district, rural water district or association to the list of eligible partners. Amended Sec. 1271A [Sec. 2401(a)]

No directly comparable provision. Includes elements of previously mentioned programs, primarily AWEP and CCPI.

Authorizes partnership agreements for a period not to exceed five years with a possible 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(a)]

Nearly identical to the Senate bill with minor differences. Amended Sec. 1271B [Sec. 2401(a]

No directly comparable provision. Includes elements of previously mentioned programs, primarily AWEP and CCPI.

Directs USDA to enter into contracts to provide technical and financial assistance to 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. 1271C [Sec. 2401(a)]

Similar to the Senate bill except the House bill does not include alternative funding arrangements. Amended Sec. 1271C [Sec. 2401(a)]

No directly comparable provision. Sec. 1240I(j) of the FSA, as amended, authorizes mandatory AWEP funds of $73 million in FY2009 and FY2010, $74 million in FY2011, and $60 million each fiscal year thereafter. Sec. 1240Q(h) authorizes Chesapeake Bay Watershed program funds of $23 million in FY2009, $43 million in FY2010, $72 million in FY2011, & $50 million in FY2012. Sec. 1243(i) authorizes CCPI to use 6% of covered program for a state (90%) and national (10%) competition. Sec. 1240P(d) authorizes appropriations of $5 million annually for the Great Lakes basin program. [16 U.S.C. 3839aa-9(j); 3838bb-4(h); 3843(i); 3839bb-3(d)]

Authorizes mandatory RCPP funding of $100 million annually for FY2013-FY2017, to remain available until expended. Retains the CCPI use of 8% of covered program funds and acres, but amends the CCPI allocation to: 25% for a state competition, 40% for a national competition, and 35% for critical conservation areas (new category). Retains the AWEP and CCPI restriction on paying no administrative expenses of eligible partners. Amended Sec. 1271D [Sec. 2401(a)]

Similar to the Senate bill except the House bill uses 6% of covered program funds and acres, and amends the allocation to include 25% for a state competition, 50% for a national competition, and 25% for critical conservation areas. Amended Sec. 1271D [Sec. 2401(a)]

No comparable provision.

Requires USDA to make information on selected projects publically available and requires a report to Congress on December 31, 2013 (and every 2 years thereafter) on the status of projects funded. Amended Sec. 1271E [Sec. 2401(a)]

Nearly identical to the Senate bill with minor differences. [Sec. 2401(a)]

No comparable provision.

Requires USDA to use 35% of the funds and acres available for RCPP (see amended Sec. 1271D above) for partnership agreements within no more than six critical conservation areas that expire after 5 years, subject to redesignation. Amended Sec. 1271F [Sec. 2401(a)]

Similar to the Senate bill but limits the number of critical conservation areas to 8 that do not expire. Amended Sec. 1271F [Sec. 2401(a)]

No comparable provision.

Amendments take effect on October 1, 2012. [Sec. 2401(b)]

Identical to the Senate bill. [Sec. 2401(b)]

Other Conservation Programs

 

 

Sec. 1240M(e) of the FSA, as amended, authorizes the Conservation of Private Grazing Land Program. Authorizes appropriations of $60 million annually through FY2012. [16 U.S.C, 3839bb(e)]

Reduces and extends authorization of appropriations to $30 million annually through FY2017. [Sec. 2501]

Extends authorization of appropriations at $60 million annually through FY2017. [Sec. 2501]

Sec. 1240O(b) of the FSA, as amended, authorizes the Grassroots Source Water Protection Program. Authorizes appropriations of $20 million annually through FY2012. [16 U.S.C. 3839bb-2(b)]

Reduces and extends authorization of appropriations to $15 million annually through FY2017. [Sec. 2502]

Extends annual authorization of appropriations ($20 million) through FY2017 and authorizes a one-time $5 million in mandatory funding to remain available until expended. [Sec. 2502]

Sec. 1240R of the FSA, as amended authorizes state grants through a Voluntary Public Access and Habitat Incentive Program to encourage land-owners to provide public access for wildlife-dependent recreation. Sets application contents and award priorities providing $50 million in mandatory funds for the period FY2009-2012. [16 U.S.C. 3839bb-5]

Reduces and extends authorization for $40 million of mandatory funding for the period of FY2013-FY2017. Requires USDA to submit a report to Congress no later than two years after enactment on the effectiveness of the program. Amendments are effective Oct. 1, 2012. [Sec. 2503]

Reduces and extends authorization for $30 million of mandatory funding for the period of FY2013-FY2017. Requires USDA to submit a report to Congress no later than two years after enactment on the effectiveness of the program. [Sec. 2503]

Sec. 1252 of FSA, as amended, authorizes an Agriculture Conservation Experienced Service Program (ACES), such that USDA can enter into agreements with organizations to provide technical assistance (excludes administrative tasks) using qualified individuals 55 years or older. [16 U.S.C. 3851]

Allows funding for each conservation program in the Food Security Act of 1985, as amended, except CRP, to be used to carry out the ACES program. Amendments are effective Oct. 1, 2012. [Sec. 2504]

Identical to the Senate bill. [Sec. 2504]

Sec. 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act (P.L. 106-472), as amended, authorizes up to $85 million annually in discretionary funding 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)]

Extends authorization of appropriations through FY2017. Does not authorize additional mandatory funding. [Sec. 2505]

Extends authorization of appropriations through FY2017 and authorizes $250 million in mandatory funding for FY2013 to remain available until expended. [Sec. 2505]

Sec. 2507 of the Food, Security and Rural Investment Act of 2002 (P.L. 107-171, 2002 farm bill), as amended, authorizes USDA to transfer $175 million of CCC funds to the Bureau of Reclamation to provide water for at-risk desert terminal lakes. [43 U.S.C. 2211]

Deletes current section and replaces with new section that adds definitions for eligible land, program, and terminal lake. Also adds a new voluntary land purchase grant program with authorization to receive $25 million through appropriations to remain available until 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]

No comparable provision.

Sec. 524(b) of the Federal Crop Insurance Act, as amended, authorizes the Agricultural Management Assistance (AMA) program. AMA provides financial and technical to producers in 16 specified states for conservation practices, risk mitigation, and market diversification. Provides $15 million in annual mandatory funding in FY2008 through FY2014, and $10 million each fiscal year thereafter. Requires 50% to NRCS, 40% to RMA, and 10% to AMS. [7 U.S.C. 1524(b)]

Amendments made to AMA are discussed in the Crop Insurance title (XI) [Sec. 11027]

Removes tree plantings and soil erosion control from the list of approved practices. Permanently authorizes $10 million in annual mandatory funding with 30% to NRCS (conservation), 10% to AMS (organic certification), and 60% to RMA (risk management). [Sec. 2506]

Funding and Administration

 

 

Sec. 1241(a) of the FSA, as amended, authorizes mandatory funding through FY2012 (and FY2014 for CSP, EQIP, FPP, and WHIP) to carry out various conservation programs. [16 U.S.C. 3841]

Note: Authorized funding levels for various programs are provided in individual program sections above.

Reauthorizes through FY2017 with funding specified for ACEP and EQIP. Includes payment limits for specific CRP provisions. [Sec. 2601(a)]

Note: Authorized funding levels for various programs are provided in individual program sections above.

Similar to Senate bill with different funding levels specified for EQIP and ACEP. [Sec. 2601(a)]

Note: Authorized funding levels for various programs are provided in individual 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)]

Identical to the Senate bill. [Sec. 2601(b)]

Sec. 1241(c) of the FSA, as amended, allows CCC funds for conservation programs to also be used for technical assistance. [16 U.S.C. 3841(b)]

Retains a similar provision and requires a report to Congress by December 31, 2012 (and each subsequent year), detailing the amount of technical assistance requested and apportioned for each conservation program. [Sec. 2602]

Nearly identical to the Senate bill with minor differences. [Sec. 2602]

Sec. 1241(d) of the FSA, as amended, requires that each state receives an aggregated minimum of $15 million annually from certain mandatory conservation programs in order to promote regional equity. [16 U.S.C. 3841(d)]

Eliminates the $15 million annual requirement and allows states in the first quarter of the fiscal year to establish that they can use a total of 0.6% of certain conservation funds. If established, those states may receive 0.6% of funds. [Sec. 2603]

Nearly identical to the Senate bill with minor differences. [Sec. 2603]

Sec. 1241(g) of the FSA, as amended, establishes an annual set-aside in EQIP and CSP from FY2009-FY2012; 5% to beginning farmers or ranchers and 5% to socially disadvantaged farmers or ranchers. [16 U.S.C. 3841(g)]

Reauthorizes the EQIP and CSP set-aside through FY2017. Provides preference for veteran farmers or ranchers eligible under the provision. [Sec. 2604]

Nearly identical to the Senate bill with minor differences. [Sec. 2604]

Sec. 1241(h) of the FSA, as amended, establishes reporting requirements for program enrollments and assistance under WRP, FPP, GRP, EQIP, AWEP, CSP, and adjusted gross income waivers. [16 U.S.C. 3841(h)]

Amends reporting requirements to reflect the repeal of WRP, FPP, GRP, and AWEP and the addition of ACEP and RCPP. Adds reporting requirements for CSP payments and waivers granted to grasslands under ACEP. [Sec. 2605]

Similar to the Senate bill except the House bill does not include reporting requirements for CSP payments and waivers granted to grasslands under ACEP. [Sec. 2605]

Sec. 1242(h) of the FSA, as amended, requires that USDA review the conservation practices standards in effect on the date of enactment of the 2008 farm bill. [16 U.S.C. 3842(h)]

No comparable provision

Replaces the 2008 farm bill title with the H.R. 6083 bill title requiring USDA to review the conservation practice standards in effect on the date of enactment. [Sec. 2606]

Sec. 1244 of the FSA, as amended, outlines administrative requirements for conservation programs including incentives for certain farmers or ranchers, privacy information, conservation plans, acreage limitations, and applications, among others. [16 U.S.C. 3844]

Adds veteran farmers and ranchers to the list of eligible persons authorized to receive incentives. Makes conforming amendments to reflect the new ACEP program. Requires the use of an 'initial application' to reduce duplication, a review and revision of the application 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]

Adds veteran farmers and ranchers to the list of eligible persons authorized to receive incentives. Makes conforming amendments to reflect the new ACEP program. Clarifies that conservation payments are in addition to and not included in any payment limit caps. [Sec. 2607]

Sec. 2904 of the Food, Conservation, and Energy Act of 2008, (P.L. 110-246, 2008 farm bill) requires USDA, in consultation with CCC, to issue rules and regulations implementing Title II provisions within 90 days. Waives certain rulemaking requirements.

Amends and adds the 2008 farm bill regulations provision to a new Sec. 1246 of the FSA. Allows interim final rules to be effective upon issuance. Removes the 90 day promulgation requirement and CCC consultation. [Sec. 2607]

Identical to the Senate bill. [Sec. 2609]

Sec. 1261(b) of the FSA, as amended, requires USDA to develop standard committee operating procedures for State Technical Committees. [16 U.S.C. 3861(b)]

Amends provision to allow USDA to review and update standards as necessary. [Sec. 2608]

Identical to the Senate bill. [Sec. 2608]

Sec. 1211 et seq. of the FSA, as amended, requires that in exchange for certain USDA program benefits, a producer agrees to maintain a minimum level of conservation on highly erodible land. Highly erodible land can be considered eligible for program benefits if the land user agrees to cultivate the land using an approved conservation plan or qualifies for an exemption. Examples of affected benefit include commodity support programs (e.g., Title I farm bill programs), conservation programs, disaster payments, and operating loans. [16 U.S.C. 3811 et seq.]

Adds the federally funded portion of crop insurance premiums to the list of program benefits that could be lost if a producer is found to produce an agricultural commodity on highly erodible land without an approved conservation plan or qualifying exemption. Producers affected by this change have until January 1 of the fifth year after the date on which payments become subject to compliance to comply with an approved conservation plan. [Sec. 2609(a)]

No comparable provision.

Sec. 1221 et seq. of the FSA, as amended, requires that in exchange for certain USDA program benefits, a producer agrees not to convert wetlands to crop production. The provision, known as Swampbuster, affects producers who plant a program crop on a wetland converted after December 23, 1985, or who convert wetlands, making agricultural commodity production possible, after November 28, 1990. Examples of affected benefit include commodity support programs (e.g., Title I farm bill programs), conservation programs, disaster payments, and operating loans. [16 U.S.C. 3812 et seq.]

Adds the federally funded portion of crop insurance premiums to the list of program benefits that could be lost if a producer is found to have converted a wetland to crop production. [Sec. 2609(b)]

No comparable provision.

Repeal of Superseded Program Authorities and Transitional Provisions

 

Sec. 1230 of the FSA, as amended authorizes and establishes the comprehensive conservation enhancement program between FY1996-FY2002. [16 U.S.C. 3830]

Repeals the comprehensive conservation enhancement program. [Sec. 2701]

Identical to the Senate bill. [Sec. 2701]

Sec. 1231A of the FSA, as amended, authorizes and establishes the emergency forestry conservation reserve program within CRP for areas suffering damage during the CY2005 hurricanes. [16 U.S.C. 3831a]

Repeals the emergency forestry conservation reserve program with transition provisions for current contracts to receive CRP funding until expiration. Effective October 1, 2012. [Sec. 2702]

Identical to the Senate bill. [Sec. 2702]

Sec. 1237-1237F of the FSA, as amended, authorizes and establishes the Wetlands Reserve Program (WRP). [16 U.S.C. 3837-3837f]

Repeals WRP with transition provisions for current contracts and easements to receive CCC funding until expiration. ACEP funding may also be used. Effective October 1, 2012. [Sec. 2703]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of ACEP funding. [Sec. 2703]

Sec. 1238H-1238J of the FSA, as amended, authorizes and establishes the Farmland Protection Program (FPP) and the Farm Viability Program. [16 U.S.C. 3838h-3838j]

Repeals FPP with transition provisions for current agreements and easements to receive CCC funding until expiration. ACEP funding may also be used once prior year funding is exhausted. Also repeals the Farm Viability Program. Effective October 1, 2012. [Sec. 2704]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of ACEP funding. [Sec. 2704]

Sec. 1238N-1238P of the FSA, as amended, authorizes and establishes the Grasslands Reserve Program (GRP). [16 U.S.C. 3838n-3838p]

Repeals GRP with transition provisions for current contracts, agreements, and easements to receive CCC funding until expiration. ACEP funding may also be used. Effective October 1, 2012. [Sec. 2705]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of ACEP funding. [Sec. 2705]

Sec. 1240I of the FSA, as amended, authorizes and establishes the Agricultural Water Enhancement Program (AWEP) within EQIP. [16 U.S.C. 3839aa-9]

Repeals AWEP with transition provisions for current contracts and agreements to receive CCC funding until expiration. RCPP funding may also be used once prior year funding is exhausted. Effective October 1, 2012. [Sec. 2706]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of RCPP funding. [Sec. 2706]

Sec. 1240N of the FSA, as amended, authorizes and establishes the Wildlife Habitat Incentives Program (WHIP). [16 U.S.C. 3839bb-1]

Repeals WHIP with transition provisions for current contracts to receive CCC funding until expiration. EQIP funding may also be used once prior year funding is exhausted. Effective October 1, 2012. [Sec. 2707]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of EQIP funding. [Sec. 2707]

Sec. 1240P of the FSA, as amended, authorizes and establishes the Great Lakes Basin Program for Soil Erosion and Sediment Control. [16 U.S.C. 3839bb-3].

Repeals the Great Lakes basin program effective October 1, 2012. [Sec. 2708]

Identical to Senate bill. [Sec. 2708]

Sec. 1240Q of the FSA, as amended, authorizes and establishes the Chesapeake Bay Watershed program. [16 U.S.C. 3839bb-4]

Repeals the Chesapeake Bay Watershed program with transition provisions for current 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]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of RCPP funding. [Sec. 2709]

Sec. 1243 of the FSA, as amended, authorizes and establishes the Cooperative Conservation Partnership Initiative (CCPI). [16 U.S.C. 3843]

Repeals CCPI with transition provisions for current contracts and agreements to receive CCC funding until expiration. RCPP funding may also be used once prior year funding is exhausted. Effective October 1, 2012. [Sec. 2710]

Similar to the Senate bill but does not allow the use of prior year CCC funding for contracts entered into before October 1, 2012. Does allow the use of RCPP funding. [Sec. 2710]

Sec. 1239-1239D of the FSA, as amended, authorizes and establishes the environmental easement program between CY1991-CY1995. [16 U.S.C. 3839-3839d]

Repeals the environmental easement program. [Sec. 2011]

Identical to the Senate bill. [Sec. 2711]

No comparable provision.

Provides technical amendments and spelling corrections. [Sec. 2012]

Nearly identical to the Senate bill with minor differences. [Sec. 2712]


Title III. Trade

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Food for Peace Act (All section references in this subsection are to this act.)

No comparable provision.

No comparable provision.

Amends Sec. 201 of the Food for Peace Act to specify that Title II emergency and nonemergency assistance is to be implemented by the Administrator of the U.S. Agency for International Development (USAID) [Sec. 3001]

Section 202(e)(1) Support for Eligible Organizations. Provides that of the funds made available for Title II emergency and nonemergency food assistance in each fiscal year, the Administrator of the U.S. Agency for International Development (USAID) shall make available to eligible organizations (private voluntary organizations, cooperatives and intergovernmental organizations) not 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)]

Amends Section 202(e)(1) to increase the funds made available to eligible organizations for program, administrative and distribution activities to not less than 13% nor more than 15% of funds available for Title II emergency and nonemergency assistance. [Sec. 3001]

Reduces funds available to eligible organizations to not less than 7.5% nor more than 11% for program, administrative, and distribution activities. [Sec. 3002]

Food Aid Quality. Section 202(h)(1) provides that the Administrator of USAID shall use the funds made available each fiscal year from 2009 and subsequent fiscal years to carry out Title II to assess the types and quality of agricultural commodities and products donated as food aid; adjust products and formulations (including the potential introduction of new fortificants and products) as necessary to cost-effectively meet nutrient needs of target populations; and to test prototypes. Authorizes not more than $4.5 million of funds made available for fiscal years 2009 through 2011 to carry out this section. [7 U.S.C. 1722 (h)]

Replaces and expands Section 202(h)(1) to require that the Administrator use funds available to carry out Title II to assess types and quality of agricultural commodities donated as food aid; adjust products and formulation, as necessary to meet nutrient needs of target populations; test prototypes; adopt new specifications or improve existing specifications for micronutrient food aid products, based on latest development in food and nutrition science; develop new program guidance for eligible organizations to facilitate improved matching of products to purposes; develop improved 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 for fiscal years 2013 through FY2017. [Sec. 3002]

Requires the Administrator in consultation with the Secretary of Agriculture (Secretary) to establish a mechanism to assure food aid quality. Inserts new language requiring evaluation of agricultural commodities and products in different program settings and for particular recipient groups; establish and implement protocols for quality assurance of food products; and periodically update program guidelines on recommended use of agricultural commodities and food products in food aid programs; requires that the Administrator consult with the Secretary in carrying out food quality activities.

Reduces funding for food aid quality activities from $4.5 million for fiscal years 2009 through 2011 to not more than $1 million for fiscal years 2013 through 2017. [Sec. 3003]

Minimum Levels of Assistance. Requires the provision annually of a minimum 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]

Extends current minimum levels of assistance through FY2017. [Section 3003]

Same as the Senate bill. [Sec. 3004]

Food Aid Consultative Group. Establishes the Food Aid Consultative Group (FACG) composed of the Administrator of USAID, the Secretary of Agriculture, 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]

Reauthorizes FACG through December 31, 2017. [Sec. 3004]

Reauthorizes the FACG through 2017.

Adds representatives from the U.S. agricultural processing sector to the list of members of the FACG.

Amends Section 205(d) to require the Administrator to consult with the FACG 45 days in advance of the issuance of implementation regulations, handbooks, and guidelines.

Requires that the Administrator seek input and consult with the FACG on matters relating to food aid quality. [Sec. 3005]

Administration. Sec. 207(f). Provides for program oversight, monitoring, and evaluation, and requires that systems be established to accomplish these tasks. Requires an implementation report be prepared, to be reviewed by GAO, along with annual reporting. Authorizes appropriations up to $22 million of Title II funds be made available annually (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 million) to upgrade information technology systems in FY2009 to enhance monitoring of Title II non-emergency programs. [7 U.S.C. 1726a]

Amends Sec. 207(f) to authorize activities under this section during the period FY2013 through FY2017. Removes requirements that GAO undertake a study of USAID's oversight of nonemergency food aid programs. [Sec. 3005]

Requires the Administrator to promptly issue guidance with respect to changes in operation or implementation of the Title II program.

Requires that not less than 270 days after enactment of the farm bill, the Administrator must issue all regulations and revisions to agency guidance necessary to implement amendments made to Title II by the 2012 farm bill.,

Provides funding of up to $10 million for each fiscal year for program oversight, monitoring and evaluation through fiscal year 2017. (Reduced from $22 million for each fiscal year 2010 to 2012.)

Requires the Administrator to report, within 270 days after the date of enactment, to the House and Senate Agriculture Committees, and the House Foreign Affairs Committee on the implementation of regulations and guidance; plus surveys, monitoring, reporting and audits of programs conducted by the eligible organization and by intergovernmental organizations such as the WFP. [Sec. 3006]

Assistance for Stockpiling and Rapid Transportation, Delivery, and Distribution of Shelf-Stable Prepackaged Foods. Authorizes grants for this assistance of $8 million each FY2008-2012. [7 U.S.C. 1726b(f)]

Reauthorizes this provision through FY2017. [Sec. 3006]

Same as the House bill. [Sec. 3007]

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]

No comparable provision.

No comparable provision.

No comparable provision.

Impact on Local Farmers and Economy. Section 403(b) of the Food for Peace Act is amended to require the Secretary or the Administrator as appropriate to seek information as part of the proposal and submission process from implementing partners on the potential benefits to the local economy of sales of agricultural commodities within the recipient country.

Amends Sec. 403(e) to require that monetized commodities be sold at "fair market value" rather than at "reasonable prices." Requires the Secretary and Administrator to coordinate assessments and the development of approaches to be used by implementing organizations for determining the fair market value.

Requires Administrator to submit to Congress 180 days after enactment and annually thereafter a report specifying amount of funds (for administrative costs, indirect cost recovery, internal transportation storage and handling and associated distribution costs) provided to each eligible organization that receives assistance under the act and describing how funds were used by eligible organizations. [Sec. 3008]

Use of Commodity Credit Corporation. Sec. 406 of the Food for Peace Act permits the Commodity Credit Corporation to pay for costs associated with commodities made available, including cost of acquisition, costs of packaging, enrichment, preservation or fortification; costs of processing, transportation, and 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]

Revises Sec. 406 of the Food for Peace Act to permit use of funds available under the Food for Peace Act to pay costs of up to 20% of activities conducted in recipient countries by nonprofit voluntary organizations, cooperative, or intergovernmental organizations. [Sec. 3008]

No comparable provision.

Procurement, Transportation, and Storage of Agricultural Commodities for Prepositioning in the United States and Foreign Countries. Sec. 407 authorizes the use of available funds to procure, transport 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)]

Extends authority for prepositioning until 2017. Authorizes from $10 million to $15 million of funds made available for prepositioning. [Sec. 3009]

In addition to extending authority for prepositioning through 2017 and authorizing from $10 million to $15 million for such purposes, also authorizes the Administrator to establish additional prepositioning sites in foreign countries. [Sec. 3009]

Annual Report Regarding Agricultural Trade Programs and Activities. Sec. 407(f). Requires the Secretary and the Administrator to report to the appropriate committees on the programs and activities carried out under the act. Also requires the Administrator to report annually on the programs, commodities, provided, and transportation and administrative costs incurred.

No comparable provision.

Amends Sec. 407(f) of the Food for Peace Act to include programs and activities under the McGovern-Dole International Food for Education and Child Nutrition Program. [Sec. 3010]

Expiration Date. Provides that no agreement under the Food for Peace Act shall be entered into after December 31, 2012.

Extends authority to enter into agreements to December 31, 2017. [Sec. 3010]

Identical to the Senate bill. [Sec. 3011]

Minimum Level of Nonemergency Food Assistance. Sec. 412(e) specifies that of the funds available for programs under the act, not less than $375 million (FY2009), $400 million (FY2010), $425 million (FY2011), and $450 million (FY2012) shall be expended for nonemergency food aid. This "safe box" requirement can be waived only if the President determines that an extraordinary food emergency exists, that resources 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]

Repeals Section 412(e) and requires that of funds made available under the Food for Peace Act, not less than 20% nor more than 30% shall be expended for nonemergency food aid under Title II. Further, the amount made available to carry out nonemergency food aid programs under Title II shall not be less than $275 million for any fiscal year. [Sec. 3011]

Authorizes $2 billion each year FY2013 through FY2017 for emergency and nonemergency food aid (reduced from $2.5. billion each fiscal year under the 2008 farm bill).

Requires $400 million each year FY2013 through FY2017 for nonemergency assistance (down from $450 million in FY2012 under the 2008 farm bill. Does not alter "safe box" waiver requirements. [Sec. 3012]

Micronutrient Fortification Programs. Section 415 of the Food for Peace Act establishes a micronutrient fortification program for food aid provided to recipient countries through fiscal year 2012 [7 U.S.C. 1736g-2]

Extends Micronutrient Fortification Programs through fiscal year 2017. [Sec. 3013]

Identical to the House bill. [Sec. 3013]

John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Authorizes voluntary technical assistance to raise farm production/incomes in developing and middle income countries, emerging markets, and in Sub-Saharan 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]

Extends program through FY2017 and provides for annual funding of not less than the greater of $10 million or 0.6% of the amounts made available for each of fiscal yeas 2013 through 2017 to carry out the Farmer-to-Farmer program. [Sec. 3014]

Extends program through FY2017 and provides that not less than the greater of $15 million or 0.5% of funds available under the act shall be used to carry out the Farmer-to-Farmer program. [Sec. 3014]

No comparable provision.

Prohibition on Assistance for North Korea. No Title II funds can be used to provide assistance to North Korea. The President can waive this funding prohibition if the President determines and certifies to the House and Senate Agriculture Committees, the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the waiver is in the national interest of the United States. [Sec. 3015]

No comparable provision.

Other Food Aid Programs

 

 

Food for Progress Act of 1985. The Food for Progress Act provides commodities to support countries that have made commitments to expand free enterprise in their agricultural economies.
[7 U.S.C. 1736o]

Extends program through 2017. Applies the flexibility and limitation on monetization of commodities provisions that apply to Title II nonemergency programs.(See Sec. 3007 and Sec. 3008 above.) [Sec. 3201]

Same as the Senate bill. [Sec. 3201]

Bill Emerson Humanitarian Trust.. Establishes a reserve of commodities and cash to meet emergency food needs in developing countries when there are 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]

Extends authority to replenish stocks to maintain the Trust until September 30, 2017. [Sec. 3202]

Same as the Senate bill. [Sec. 3202]

McGovern-Dole International Food for Education and Child Nutrition Program. Makes available U.S. agricultural commodities, financial and technical 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]

Authorizes such sums as necessary to carry out the McGovern-Dole program for each of FY 2013 through FY2017. [Sec. 3204]

Same as the Senate bill. [Sec. 3204]

Local and Regional Food Aid Procurement Pilot Projects. Establishes a pilot program for local and regional purchase of commodities for famine prevention to be conducted by USDA with $60 million in CCC funding (FY2009-2012). [7 U.S.C. 1726c]

Establishes a local and regional procurement program with appropriations of $40 million authorized for each of FY2013 through FY2017. Preference in carrying out this program may be given to eligible 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.

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 pilot project, subject to appropriations. Requires USAID Administrator to report to appropriate committees of Congress on the outcomes of the project. [Sec. 3208]

No comparable provision.

Trade Provisions

 

 

Export Credit Guarantee Program. Authorizes the Commodity Credit Corporation to guarantee the credit made available to finance commercial export sales of agricultural commodities. The CCC is required to make available the lesser of $5.5 billion annually 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)]

Amends 7 U.S.C. 5641(b) by striking the section and replacing it with the requirement that the Commodity Credit Corporation make available for each year FY2013 through FY2017 credit guarantees in an amount equal to not more than $4.5 billion. [Sec. 3101]

Reauthorizes the Export Credit Guarantee Program through FY2017. [Sec. 3101]

Market Access Program. The Market Access Program (MAP) provides for CCC funding of export market development for U.S. agricultural commodities (generic and branded) by eligible trade organizations. Authorizes CCC funding of $200 million annually, Provides also for market development for products that are organically-produced. [7 U.S.C. 5623]

Reauthorizes MAP at current mandatory funding levels of $200 million annually through FY2017. [Sec. 3102]

Identical to the Senate bill.[Sec. 3102]

Foreign Market Development Cooperator Program. The Foreign Market Development Cooperator Program (FMDP) authorizes USDA to establish and carry out a program to maintain and develop foreign markets for bulk or generic U.S. agricultural commodities and products. [7 U.S.C. 5721]

Reauthorizes at current mandatory funding levels of $34.5 million annually through FY2017. [Sec. 3103]

Identical to the Senate bill. [Sec. 3103]

Promotion of Agricultural exports to Emerging Markets. The Emerging 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]

Extends EMP through fiscal year 2017. [Sec. 3203]

Identical to the Senate bill. [Sec. 3203]

Technical Assistance for Specialty Crops). Technical Assistance for Specialty Crops (TASC) authorizes USDA to address barriers prohibiting or threatening exports of U.S. specialty crops. Authorizes mandatory CCC funds reaching $9 million annually (FY2011-FY2012). [7 U.S.C. 5680]

Reauthorizes TASC at current mandatory funding levels of $9 million annually through FY2017. [Sec. 3205]

Identical to the Senate bill. [Sec. 3205]

Global Crop Diversity Trust. Requires USAID Administrator to contribute to the Global Crop Diversity Trust for germ plasm conservation (up to $60 million 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]

Reauthorizes U.S. contribution to the Global Crop Diversity Fund for FY2013-FY2017. [Sec. 3206]

Reauthorizes U.S. contribution to the Global Crop Diversity Fund at $50 million for the period FY2013 through FY2017. [Sec. 3206]

No comparable provision.

Agricultural Trade Enhancement Study. Requires the Secretary, in consultation with the House and Senate Agriculture Committees and House and Senate Appropriations Committees to develop a study concerning reorganization of the trade functions of USDA. The study may include a recommendation for establishment of an Under Secretary for Trade and Foreign Agricultural Services. [Sec. 3209]

Under Secretary of Agriculture for Foreign Agricultural Services. Authorizes the Secretary to establish the position of Under Secretary of Agriculture for Foreign Agricultural Services. [Sec. 3207]


Title IV. Nutrition

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Supplemental Nutrition Assistance Program (SNAP)

Standard Utility Allowances. A SNAP household can use a Low Income Home Energy Assistance Program (LIHEAP) payment (regardless of the amount of that payment) to document that the household has incurred heating and cooling costs. This documentation triggers a standard utility allowance (SUA), a figure that enters into the SNAP benefit calculation equation. Unless the household is 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)]

Only LIHEAP payments above $10 would confer this potential advantage. Payments of $10 or less would no longer entitle a household to earn a "standard utility allowance" (SUA) during the benefit calculation process. If a household received below $10 in LIHEAP assistance, households would have to present alternate documentation of utility costs in order to have utilities factored into calculating their excess shelter deduction. [Sec. 4002]

Identical to the Senate bill. [Sec. 4006]

Excess Medical Expense Deduction. Households that include an elderly or disabled member may have excess medical expenses, as defined and calculated by statute, deducted from the household's gross income. It has been reported that some agencies are including medical marijuana expenses in this calculation. FNS issued a policy memorandum on July 10, 2012 clarifying that this is against SNAP law. [7 U.S.C. 2014(e)(5)]

No comparable provision.

Requires USDA to promulgate regulations to ensure that medical marijuana is not treated as a medical expense in the calculation of the excess medical expenses deduction. [Sec. 4005]

Broad-based Categorical Eligibility. States may opt to implement broad-based categorical eligibility. Under broad-based categorical eligibility, a SNAP applicant that receives Temporary Assistance for Needy Families (TANF) cash assistance, Supplemental Security Income (SSI), state-funded general assistance cash benefits, or any TANF-funded benefit, may be deemed eligible for SNAP benefits, if certain income conditions are met. Per USDA regulation, the TANF-funded benefit must be for households at or below 200% of the federal poverty line. [7 U.S.C. 2014(a)]

No comparable provision.

Ends "broad-based categorical eligibility," and limits categorical eligibility to SNAP applicants that receive Temporary Assistance for Needy Families (TANF) cash assistance, Supplemental Security Income (SSI), and state-funded general assistance cash benefits. [Sec. 4004]

Verification of Immigration Status. Under current law and regulation, states must verify noncitizens' immigration status, but do not have to use the U.S. Citizenship and Immigration Services's Systematic Alien Verification for Entitlements (SAVE) Program. [7 U.S.C. 2020(p); 42 U.S.C. 1320b–7]

No comparable provision.

Requires all SNAP agencies to verify immigration status using the SAVE system. [Sec. 4013]

Student Eligibility. In most cases, college students ages 18-50 (attending higher education courses half-time or more) are ineligible for SNAP. A student enrolled in an institution of higher education more than half-time is eligible for SNAP benefits only if the individual meets one or more of the following qualifications: (1) under 18 years old, or age 50 or older; (2) disabled; (3) employed at least 20 hours/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 program enrollment exception is a "SNAP Employment and Training" program. [7 U.S.C. 2015(e)]

Adds the requirement that those students enrolled in post-secondary institutions as a requirement of participation in "SNAP Employment and Training," must be enrolled in certain employment-oriented training to qualify for SNAP; specifically, this includes certain career and technical education, remedial courses, basic adult education, literacy, or English as a second language. [Sec. 4003]

Identical to the Senate bill. [Sec. 4007]

Lottery and Gambling Winnings. No comparable provision. Authorizing statute establishes income and asset thresholds for SNAP eligibility, including that lump-sum, non-recurring payments are to be counted as resources (assets) not income. [7 U.S.C. 2014]

Creates explicit ineligibility for households that receive "substantial lottery or gambling winnings" (as determined by USDA) until the 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]

Identical to the Senate bill. [Sec. 4008]

Retail Food Store Definition. SNAP benefits can be accepted only by authorized retailers. Among other application requirements, USDA authorization 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 (1) offers, on a continuous basis, a variety of foods in each of 4 staple food categories [defined in 7 U.S.C. 2012(r)(1)], including perishable foods in at least two of the categories, or (2) has over 50% of its sales in staple foods. Authority exists to consider the nature and extent of the food business conducted. No statutory policy on a retailer's sales of non-food items (e.g. alcohol and tobacco). [7 U.S.C. 2012(p)(1), 2018]

Amends retail food store definition so that perishable foods must be provided in at least three of the staple food categories. [Sec. 4005(a)]

No retail food store, which has at or above 45% of its total sales in SNAP-ineligible items (specifically alcoholic beverages, tobacco, and hot foods or hot food products ready for immediate consumption other than those authorized in the restaurant option) can be authorized to accept SNAP benefits. Gives USDA the authority "to consider whether the applicant is located in an area with significantly limited access to food" and makes an exception to the requirement if USDA determines that the participation of the retailer is "required for the effective and efficient operation of the supplemental nutrition assistance program." [Sec. 4005(d)]

Nearly identical to the Senate bill. [Sec. 4001(a), (d)]

Electronic Benefit Transfer, Manual Vouchers. An electronic benefit transfer (EBT) point-of-sale machine can be provided by the state agency to the retailer at no cost to the retailer (many retailers choose to purchase credit card machines that also accept EBT). Although SNAP has transitioned to being fully EBT, and paper coupon ("food stamps") are no longer offered, authority exists to accept manual SNAP vouchers. Some small 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)]

Shifts the costs of EBT machinery to retailer. Bars states from issuing manual SNAP vouchers or allowing retailers to accept manual vouchers unless USDA makes such a determination that circumstances or categories of retailers warrant use of manual vouchers. Requires EBT service providers to provide for and maintain "unique terminal identification number information." [Sec. 4005(b), (c), (d)(3)]

Similar to the Senate bill except in the "unique termination identification number information" provision, the House chair's mark includes further specifications for USDA's rulemaking including "the Secretary shall consider existing commercial practices for other point-of-sale debit transactions" and that proposed regulations must be issued "not earlier than 2 years after the date of enactment." [Sec. 4001(b), (c), (d)(3)]

Replacement of Cards. Permits state agencies to collect a fee for replacement of an EBT card by reducing the monthly allotment of the participating household. [7 U.S.C. 2016(h)(8)]

Adds additional measures regarding "the purposeful loss of cards." USDA may require a state agency to decline a request for a replacement card unless the household provides an 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]

Nearly identical to the Senate bill. [Sec. 4009]

Technology Modernization. No explicit provisions regarding non-wired EBT machinery for redemption or online SNAP transactions are included in the authorizing statute. From FY2012 appropriations, USDA is using $4 million to expand EBT point of sale devices at farmers markets. A number of regulations would need to be rewritten or waived to allow redemption via the Internet. [7 U.S.C. 2016(h), P.L. 112-55]

Requires, depending on results of a demonstration project, that USDA authorize retailers with EBT mobile technologies, if retailers meet certain requirements. Authorizes and requires the demonstration project and report to be completed by July 1, 2015, and USDA to authorize wireless retailers beginning January 1, 2016, unless USDA reports to congressional committees of jurisdiction that it determines 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]

Mobile technologies provision is similar to the Senate bill except the language appears to limit the authority to a USDA pilot/demonstration on mobile technologies and does not create the authority to continue the redemptions after the end of pilot. The House provision does not set a date for the mobile technologies report to Congress. [Sec. 4010] With respect to authorizing retailers to accept benefits online, the House bill has no provision comparable to the Senate bill.

Governmental or non-profit grocery delivery services. Non-profit grocery delivery services for the elderly and disabled are not defined as a "retail food store" that can accept SNAP benefits. Such establishments must negotiate waivers with USDA in order to accept SNAP benefits. Under various authorities and waivers other retailers may conduct deliveries to SNAP participants, but fees may not be paid with SNAP benefits. [7 U.S.C. 2012(k), (p)]

No comparable provision.

Adds "governmental and non-profit food purchasing and delivery service[s]" that serve the elderly and disabled to the definition of a retail food store, emphasizing that delivery fees are not to be paid with SNAP. Requires USDA regulations to include certain protections and limitations. [Sec. 4002]

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]

Nearly identical to the Senate bill. [Sec. 4011]

Restaurant Meals Program. States may choose to operate a restaurant meals program, allowing homeless, disabled, or elderly households to redeem SNAP benefits at restaurants that offer concessional prices. States contract with restaurants, and USDA authorizes them as SNAP retailers. [7 U.S.C. 2012(k)(3),(4),(9)]

Creates added responsibilities for state agencies, private establishments, and USDA before restaurants may participate in a restaurant meals program. For restaurants that have contracted with the state to accept SNAP benefits before this provision is enacted, the restaurant may continue to accept SNAP without meeting the additional requirements for no more than 180 days. [Sec. 4009]

Identical to the Senate bill. [Sec. 4012]

Quality Control. The quality control system measures the accuracy of the eligibility and benefits calculation in SNAP. The American Recovery and 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)]

Sets $25 as the threshold level for reporting SNAP errors in the quality control system. [Sec. 4010]

Similar to Senate bill except $25 threshold is set only for FY2013 and then adjusted for inflation based on the growth of the cost of the thrifty food plan. [Sec. 4027]

Performance Bonus Awards. State agencies are currently eligible for, in total, $48 million per year in performance awards. These grant awards are provided to states for performance accomplishments in payment accuracy, program access, application timeliness, and best negative (improper denial) error rate. There is currently no requirement that these performance awards be reinvested in SNAP. [7 U.S.C. 2025(d)]

Requires states to reinvest bonus payments into the state's SNAP program. [Sec. 4011]

Repeals the SNAP performance bonus awards. [Sec. 4016]

Appropriations. Authorizes appropriations for SNAP and related programs through FY2012. [7 U.S.C. 2027(a)]

Reauthorizes appropriations for SNAP and related programs through FY2017. [Sec. 4012]

Identical to the Senate bill. [Sec. 4020]

Nutrition Education and Obesity Prevention Grant Program. Formerly 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)]

Adds promoting physical activity as an allowable use of the funding. [Sec. 4015]

Identical to the Senate bill. [Sec. 4024]

Trafficking. Authorizes civil penalties and SNAP disqualification penalties for retailers that engage in SNAP trafficking (the sale of SNAP benefits for money or 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)]

Provides USDA $18.5 million annually "for FY2013 and each fiscal year thereafter" in additional mandatory funding to track and prevent SNAP trafficking. [Sec. 4016]

Similar to the Senate bill except that the House bill provides USDA $5 million annually in additional mandatory funding to track and prevent SNAP trafficking. [Sec. 4025]

Validating Participation. States are required to match Social Security data to assure that deceased individuals are not receiving SNAP benefits. Households are prohibited from receiving benefits in multiple states simultaneously. [7 U.S.C. 2015(j), 2020(r)]

No comparable provision.

Requires states to submit annual reports demonstrating that the agency has not provided benefits to deceased individuals or to households simultaneously receiving benefits in another state. Penalty for noncompliance is a 50% reduction in federal share of administrative costs. [Sec. 4029]

Grants for Improving Access to Benefits. Section 11(t) of the Food and Nutrition Act authorizes USDA to spend $5 million on grants to states for improving the application process, eligibility determination, and access to SNAP. [7 U.S.C. 2020(t)]

No comparable provision.

Repeals this grant program. [Sec. 4014]

Employment and Training (E&T). The federal government funds SNAP E&T in 4 ways: (1) $90 million in mandatory funds that are allocated and reallocated to states based on a formula, (2) $20 million in mandatory funding allocated to states that pledge to provide E&T to all able-bodied adults without dependents (ABAWDs), (3) open-ended matching funds for states' administrative costs for E&T, and (4) open-ended matching funds for states' reimbursement of E&T participants' dependent care and transportation costs. Program requirements, uptake of these funds, and activities designed vary by state. [7 U.S.C. 2025(h), et al]

No comparable provision.

Reduces the $90 million to $79 million. Establishes additional monitoring, performance measures, and reporting requirements for SNAP E&T. [Sec. 4017, 4018]

Section 17 of the Food and Nutrition Act gives USDA SNAP (and other programs authorized by the act) research and evaluation authorities but does not explicitly require cooperation of related institutions. [7 U.S.C. 2026]

No comparable provision.

Mandates cooperation of "states, state agencies, local agencies, institutions, facilities such as data consortiums, and contractors" participating in Food and Nutrition Act programs in USDA evaluations and studies. [Sec. 4019]

Data Exchange Standardization. In recent years, authorizing laws of the Temporary Assistance for Needy Families and Unemployment Insurance have been amended to include data exchange standards. [P.L. 112-96, Secs. 2105, 4003]

No comparable provision.

Adds these data exchange standards for SNAP to the Food and Nutrition Act. [Sec. 4015]

Programs in Lieu of SNAP

 

 

Food Distribution Program on Indian Reservations (FDPIR). Authorizing statute for FDPIR contains discretionary authority for a "Traditionally and Locally-grown Food Fund." These funds are for USDA purchase of traditional and locally-grown foods to be distributed to FDPIR households. Authority to appropriate $5 million annually to this fund for FY2008-FY2012. [7 U.S.C. 2013(b)(6)]

Extends FDPIR's appropriations authority for "Traditionally and Locally-grown Food Fund" through FY2017. [Sec. 4001]

Identical to the Senate bill. [Sec. 4003]

Commonwealth of the Northern Mariana Islands. While Guam and the Virgin Islands participate in SNAP, Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI) do not. Puerto Rico, American Samoa, and CNMI, instead receive a nutrition assistance block grant in lieu of SNAP. [7 U.S.C. 2028;P.L. 96-597]

No comparable provision.

Authorizes and provides $1 million in FY2013 and FY2014 for a study to gauge CNMI's capacity to administer a SNAP pilot. Authorizes and provides administrative and technical assistance funds to support pilot based on study results ($13.5 million in FY2015, $8.5 million in each of FY2016 and FY2017. [Sec. 4028]

Puerto Rico. As part of Puerto Rico's administration of Nutrition Assistance Program block grant funds (see above), program recipients receive 25% of their benefits as cash. Current law does not bar this flexibility.

No comparable provision.

Bars Puerto Rico from using the NAP federal funds to distribute cash benefits. [Sec. 4021]


Community Food Projects

 

 

Permanently authorizes a grant program for eligible nonprofit organizations, in order to improve community access to food. Infrastructure projects are an eligible use of these funds. Grants require 50% in matching funds. Provides $5 million annually in mandatory funding for this purpose. [7 U.S.C. 2034]

Eliminates eligibility for infrastructure improvement and development projects. Increases funding for community food projects to a total of $10 million annually. [Sec. 4013]

Does not make any changes to organizations and purposes eligible for funds. Increases funding for community food projects to a total of $15 million annually and carves out $5 million of these funds for projects that would incentivize low-income households' fruit and vegetable purchases. [Sec. 4022]

The Emergency Food Assistance Program (TEFAP)

For FY2009, mandates $250 million in TEFAP commodity purchases. For FY2010-FY2012, the $250 million in FY2009 is to be adjusted for food-price inflation each year. This funding is available only in the year that it is provided. [7 U.S.C. 7511a(d)]

Increases funding by $124 million over 5 years and $174 million over 10 years. Entitlement commodity funding increases are concentrated in the first 5 years: +$28 million for FY2013, +$44 million in FY2014, +$24 million in FY2015, +$18 million in FY2016, +$10 million in FY2017 and subsequent years. Makes annual commodity funding available for a 2-year period. [Sec. 4014]

Increases funding by $129 million over 5 years and $270 million over 10 years (according to CBO). Does not make annual commodity funding available for a 2-year period. [Sec. 4023(a)]

Authorizes appropriations ($15 million a year through FY2012) for TEFAP "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)]

Extends discretionary authority through FY2017. [Sec. 4014]

Identical to the Senate bill. [Sec. 4023(b)]

USDA is to make bonus commodity purchases using CCC and Section 32 funds based on the needs of the agricultural industry. [7 U.S.C. 612c]

Permits USDA to also "consider the needs of the states and the demands placed on emergency feeding organizations." [Sec. 4207]

No comparable provision.

Commodity Supplemental Food Program (CSFP)

Authority to purchase and distribute CSFP foods expires at the end of FY2012. [7 U.S.C. 612c note(a)-(b), P.L. 93-86]

Reauthorizes through FY2017. [Sec. 4101-4102]

Identical to the Senate bill. [Sec. 4101-4102]

Income-eligible pregnant and post-partum women, infants, children, and the elderly (defined as 60 years or older) are eligible to participate in CSFP. [7 U.S.C. 612c note(g), P.L. 93-86] (According to FY2011 USDA-FNS data, 97% of CSFP participants were elderly.)

Only income-eligible elderly would be eligible for CSFP. Enrolled women, infants, and children (who are disqualified by this new provision) would be allowed to participate until their certification period expires. [Sec. 4102]

Identical to the Senate bill. [Sec. 4102]


Food Distribution for Child Nutrition Programs

Authority for USDA to enter into reprocessing agreements with private 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)] USDA, through a pilot project, is currently contracting with processors to provide processed foods to schools.

Reauthorizes through FY2017. [Sec. 4103]

Similar to the Senate bill but also includes an additional provision that explicitly authorizes USDA to contract with a processor and retain title to those foods during processing. [Sec. 4103, 4104]

In addition to the minimum ($200 million-a-year) acquisitions required by the 2002 farm bill, USDA is required to purchase additional fruits, vegetables, and 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]

Establishes that the $50 million fresh fruit and vegetable acquisition requirement remains in effect through FY2017. [Sec. 4201]

Similar to the Senate bill except that it also includes a pilot grant program that would allow 5 states to use this fresh fruit and vegetable funding for their own local sourcing of produce. [Sec. 4204]

The 2008 farm bill provided $4 million (in FY2009) to purchase whole grains and whole grain products for schools and to evaluate this pilot project. [42 U.S.C. 1755a; Sec. 14222(d) of P.L. 110-246]

Renews mandatory funding for the Whole Grain Pilot and evaluation; provides $10 million available over 2 years (FY2013 and FY2014.) [Sec. 4204]

No comparable provision.

No comparable provision.

Creates a pilot project to purchase pulse crops (dry beans, dry peas, lentils, and chick peas) and pulse crop products for schools. This pilot is analogous to the whole grain pilot and also includes an evaluation component [42 U.S.C. 1755a; Sec. 14222(d) of P.L. 110-246]. Authorizes up to $10 million in discretionary appropriations. [Sec. 4207]

No comparable provision.

Farm-to-School Programs. Section 9(d) of the Russell National School Lunch Act encourages schools to use available school lunch funds for local food purchases and to incorporate a local preference [42 U.S.C. 1758(d)]. Schools redeem National School Lunch Program commodity entitlement food assistance based on USDA's purchases and offerings [42 U.S.C. 1754]. P.L. 111-296 authorized and provided $4 million for farm-to-school projects [42 U.S.C. 1769(g)].

Requires USDA to conduct demonstration projects "to facilitate the purchase of unprocessed and minimally processed locally grown and locally raised agricultural products" for schools that participate in the National School Lunch and School Breakfast Programs. [Sec. 4209]

Allows USDA to permit school food authorities with low annual commodity entitlement values to substitute local foods entirely or partially instead of USDA provided foods. Gives USDA discretion to establish cost-neutral farm-to-school demonstration projects. [Sec. 4205] (See also [Sec. 4204] discussed above)

Senior Farmers' Market Nutrition Program

 

 

Authorizes and provides $20.6 million annually for the Senior Farmers' Market Nutrition Program through FY2012. [7 U.S.C. 612c-4(b)]

Reauthorizes and continues to provide CCC mandatory funding of $20.6 million annually through FY2017. [Sec. 4202]

Similar to Senate except expands eligibility from "low-income seniors" to "low-income seniors and low-income families who are determined to be at nutritional risk." [Sec. 4201]

Other Nutrition and Food Security Programs

 

 

Fresh Fruit and Vegetable Program (program that provides fruit and vegetable snack to school children throughout the day) purchases are limited to fresh fruits and vegetables. [42 U.S.C. 1769a]

No comparable provision.

Changes the name of the program to "Fruit and Vegetable Program." Would allow purchase and provision of frozen, canned, dried fruits and vegetables. [Sec. 4203]

Authorized to be appropriated such sums as are necessary through FY2012 for matching grants (1) to food program service providers and nonprofits for collaborative efforts to assess community hunger problems and to achieve "hunger-free communities" and (2) to emergency feeding organizations for infrastructure development. Any available funding is to be divided equally between these 2 grant initiatives, and the federal matching percentage is limited to 80%. [P.L. 110-246, Sec. 4405] The 2008 farm bill also authorized pilot projects 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)]

Amends the hunger-free community grants to delete the authority for infrastructure development and adds authority for a second category of "incentive grants" for projects that incentivize SNAP participants to buy fruits and vegetables. Limits federal cost share to 50 percent. Provides $100 million in mandatory funding over 5 years for the incentive grants. Retains the discretionary authority but limits it to $5 million per year for the previous hunger-free communities grant authorities, now called "collaborative" grants. [Sec. 4205]

No comparable provision.

2002 farm bill authorized and 2008 farm bill extended discretionary authority for a "Nutrition Information Awareness Pilot Program. " [7 U.S.C. 1755a]

Repeals this section. [Sec. 4203]

Identical to the Senate bill. [Sec. 4202]

Currently, the Administration administers a "Healthy Food Financing Initiative" (HFFI) by requesting appropriations for several existing statutory authorities in order to provide grants and tax credits to support development of food retailers in underserved communities. Congress provided no funding for USDA for this initiative, but did provide $22 million for the U.S. Department of the Treasury to administer the New Market Tax Credits for retail food outlets. [P.L. 112-55]

Authorizes up to $125 million to be appropriated for a "Healthy Food Financing Initiative" to remain available until expended. USDA is authorized to approve a community development financial institution as "national fund manager" that would administer these funds by supporting food retail projects that would "expand or preserve access to staple foods" (as defined within this section) and accept SNAP benefits. [Sec. 4206]

No comparable provision.

The Dietary Guidelines for Americans are jointly published by USDA and the Department of Health and Human Services. The Guidelines provide advice for people 2 years and older about how good dietary habits can promote health and reduce risk for major chronic diseases. Every five years, the two departments charter a committee to review the peer-reviewed, published science on diet and health and develop a report of its recommendations for the next edition of the Guidelines. [7 U.S.C. 5341(a)]

Requires that the Guidelines include specifications for pregnant women and children under the age of 2 years, by no later than the 2020 edition. [Sec. 4208]

No comparable provision.


Title V. Credit

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Consolidated Farm and Rural Development Act (a.k.a. ConAct) [7 U.S.C. 1921 et seq.]

Restructures the ConAct by updating language and more clearly organizing the farm and 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.

Does not restructure the ConAct, but makes minor changes as described below. [Title V]

Farm Loans

 

 

Farm Ownership Loans. Authorizes direct and guaranteed loans for farm real estate purchases to eligible producers who do not qualify for credit from other lenders. [7 U.S.C. 1922-1925, 1927, 1934-1936]

Substantially the same, except as noted below. Subtitle A, Chapter 1 of the ConAct. [Sec. 5001]

No restructuring of the ConAct. Changes to specific provisions noted below.

Allows farm ownership loans for the following types of entities: cooperatives, corporations, partnerships, joint operations, trusts, and limited liability companies. [7 U.S.C. 1922(a)]

Gives USDA discretion to allow alternative legal entities to qualify for farm ownership loans. Section 3101(b)(3) of the ConAct. [Sec. 5001]

Similar to the Senate bill, but specifies a 75% ownership requirement in certain instances. [Sec. 5001(a)]

For direct loans, requires at least three years of farming experience and either be a beginning farmer, not have received prior direct farm ownership loans, or not have received a direct farm ownership loan more than 10 years ago. [7 U.S.C. 1922(b)(1)]

Gives USDA discretion to allow alternatives to meet the three-year experience requirement for direct loans. Section 3101(c)(1) of the ConAct. [Sec. 5001]

Identical to the Senate bill. [Sec. 5001(b)]

Allows conservation loans for the following types of entities: cooperatives, corporations, partnerships, joint operations, trusts, and limited liability companies. [7 U.S.C. 1924(c)(1)]

Gives USDA discretion to allow alternative legal entities to qualify for conservation loans, by reference. Section 3103(c)(2) of the ConAct. [Sec. 5001]

Gives USDA discretion to allow alternative legal entities to qualify for conservation loans. [Sec. 5002(a)]

Maximum conservation loan guarantee amount is 75%. [7 U.S.C. 1924 (e)]

No change. Section 3013(e) of the ConAct. [Sec. 5001]

Increases maximum conservation loan guarantee to 90%. [Sec. 5002(b)]

Authorizes appropriations for conservation loans through FY2012 [7 U.S.C. 1924(h)]

Reauthorizes appropriations through FY2017. Section 3103(h) of the ConAct. [Sec. 5001]

Identical to the Senate bill. [Sec 5002(c)]

Authorizes a down-payment loan program within the farm ownership loan program for beginning farmers and ranchers and socially disadvantaged farmers and ranchers. Maximum down payment loan size is 45% of $500,000, among other terms. [7 U.S.C. 1935]

Substantially the same, except increases the maximum down payment loan to 45% of $667,000. Section 3107(b)(1) of the ConAct. [Sec. 5001].

Increases the maximum down payment loan to 45% of $667,000 (same as Senate bill). [Sec 5003]

For mineral rights to be included as part of the collateral securing a loan, the mineral rights must be specifically appraised. [7 U.S.C. 1927(d)]

No change. Section 3105(e) of the ConAct. [Sec. 5001]

Eliminates the requirement that mineral rights be specifically appraised. [Sec. 5004]

Farm Operating Loans. Authorizes direct and guaranteed loans for purchasing livestock, poultry, equipment, feed, seed, fertilizer, other supplies, financing land 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]

Substantially the same, except as noted below. Subtitle A, Chapter 2 of the ConAct. [Sec. 5001]

No reorganization of the ConAct. Changes to specific provisions noted below.

Allows operating loans for the following types of entities: cooperatives, corporations, partnerships, joint operations, trusts, and limited liability companies. [7 U.S.C. 1941(a)]

Gives USDA discretion to allow alternative legal entities to qualify for farm operating loans. Section 3201(b)(3) of the ConAct. [Sec. 5001]

Similar to the Senate bill, but specifies a 75% ownership requirement in certain instances. [Sec. 5101]

Allows farm operating loans to youth for projects for in 4-H Clubs, Future Farmers of America, etc. [7 U.S.C. 1941(b)(1)]

No change.

Eliminates rural residency requirement for youth loans. [Sec. 5102]

Youth loans are made under the personal liability of the borrower, and have the option of a cosigner. [7 U.S.C. 1941(b)(2)-(3)]

No change.

Gives USDA the option to waive personal liability for youth loans if default is due to circumstances beyond the borrower's control. [Sec. 5103]

USDA issued a proposed rule for "Microloan Operating Loans" on May 25, 2012. Comment period ends July 23, 2012. The proposed rule allows a maximum of $35,000 per loan, with streamlined loan applications, and relaxed/flexible eligibility requirements. [Federal Register, Vol. 77, No. 102, pp. 31220-31226, May 25, 2012]

No comparable provision.

Creates a microloan program for direct or guaranteed loans. The maximum microloan is $35,000, with a total microloan indebtedness of $70,000 to any borrower. USDA may contract with community-based, state entities or other intermediaries to make or guarantee loans or to provide services. [Sec. 5104]

No comparable provision.

Creates a "Pilot Loan Program To Support Healthy Foods for the Hungry." Individual loans of between $500 and $5,000 to gleaners (defined as collecting surplus food that would be discarded or harvesting donated crops for free distribution) and other regular farm operating loan borrowers for the purpose of assisting the borrowers in providing food to the hungry. Funded from within the farm operating loan program, up to a maximum total of $500,000. Section 3201(e) of the ConAct. [Sec. 5001]

No comparable provision.

Limits eligibility for direct farm operating loans to 6 years, with a one-time 2-year extension under certain terms at USDA's discretion. [7 U.S.C. 1941(c)(1)(C)]

Limits eligibility for direct farm operating loans to "7 years, less 1 year for every 3 consecutive years the farmer did not receive a direct operating loan" after initially receiving one. Section 3201(c)(1)(C) of the ConAct. [Sec. 5001]

No change to current law.

Limits eligibility for guaranteed farm operating loans to 15 years [7 U.S.C. 1949(b)]. However, this limit had been suspended through 2010 [P.L. 110-246, Sec. 5103], but since Jan. 1, 2011, has been in effect.

Eliminates (omits in reorganization of the ConAct) any term limit on guaranteed farm operating loans.

No change to current law.

Allows loans to soil conservation districts that cannot obtain credit elsewhere, up to $500,000, for the purchase of equipment [7 U.S.C. 1944]

Omits reference to conservation districts.

No change to current law.

Emergency Loans. Authorizes direct and guaranteed loans for recovery from natural disasters and quarantines declared by the Secretary or Stafford Act emergencies declared by the President.. [7 U.S.C. 1961-1970]

Substantially the same, except as noted below. Subtitle A, Chapter 3 of the ConAct. [Sec. 5001]

No reorganization of the ConAct. Changes to specific provisions noted below.

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.

No change to current law.

No comparable provision.

Adds commercial fishermen to list of eligible borrowers for emergency loans. Section 3301(a) of the ConAct. [Sec. 5001]

No comparable provision.

Allows emergency loans for the following types of entities: cooperatives, corporations, partnerships, joint operations, trusts, and limited liability companies. [7 U.S.C. 1961(a)]

Gives USDA discretion to allow alternative legal entities to qualify for emergency loans. Section 3301(b)(3) of the ConAct. [Sec. 5001]

Similar to the Senate bill, but specifies a 75% ownership requirement in certain instances. [Sec. 5201]

Requires hazard insurance at the time the loss occurred. Provides an exception for poultry farmers who were unable to obtain insurance. [7 U.S.C. 1961(b)(3)]

Omits any exception for poultry farmers in the hazard insurance requirement. Section 3301(d) of the ConAct [Sec. 5001]

No change to current law.

Administrative Provisions. Sets other terms, including loan servicing. [7 U.S.C. 1981-2008l]

Substantially the same, except as noted below. Subtitle A, Chapter 4 and Subtitle C of the ConAct [Sec. 5001]

No reorganization of the ConAct. Changes to specific provisions noted below.

Definitions. A qualified beginning farmer or rancher is defined, in general, as one with less than 10 years of farming experience, meets participation and other requirements especially if more than one person or entity is involved, and owns a farm that is smaller than 30% of the median acreage size of farms in the county. [7 U.S.C. 1991(a)(11)]

Replaces "median" with "average" in the definition of a qualified beginning farmer's ownership limitation: "does not exceed 30% of the average county acreage." This would expand eligibility if the average exceeds the median, such as when small farms outnumber larger farms and a few large farms raise the average. Sec. 3002(26) of the ConAct. [Section 6001]

Similar to the Senate bill (replaces "median" with "average" in the definition of a qualified beginning farmer). [Sec. 5302(b)] Also, gives USDA discretion to allow alternative legal entities to qualify as a beginning farmer or rancher. [Sec. 5302(a)]

Specifies that USDA shall offer to sell real property not later than 135 days after acquiring it. [7 U.S.C. 1985(c)(1)(B)(i)]

Shortens to 75 days the time period for USDA to offer to sell real property. Section 3409(a)(1)(B)(i) of the ConAct [Sec. 5001]

No change to current law.

Authorizes appropriations of $5 million each year through FY2012 for a Beginning Farmer Individual Development Account pilot program. [7 U.S.C. 1983b]

Reauthorizes appropriations of $5 million each year through FY2017. Section 3428 of the ConAct [Sec. 5001]

Identical to the Senate bill. [Sec. 5301]

Authorizes specific loan levels for direct and guaranteed farm ownership and farm operating loans through FY2012, and reserves or targets funding for certain types of borrowers. [7 U.S.C. 1994]

Reauthorizes the same loan levels through FY2017 and continues the same program targets and reservations. Section 3431 of the ConAct [Sec. 5001]

Reauthorizes the same loan levels, targets, and reservations through FY2017. [Sec. 5303 and Sec. 5305]

Adds a new priority for direct loans to beginning farmers and ranchers who apply under the down payment loan program or for joint financing arrangements. [Sec. 5304]

Credit Programs in Other Laws

 

 

State Agricultural Loan Mediation Programs. Authorizes a matching grant 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]

Reauthorizes appropriations of $7.5 million annually through FY2017. [Sec. 5101]

Identical to the Senate bill. [Sec. 5401]

Loans to Purchasers of Highly Fractioned Land. Authorizes the USDA farm loan program to lend to Indian tribes or tribal corporations to buy highly fractioned land within the reservation. [25 U.S.C. 488]

Allows lending to intermediaries that may create revolving loan funds to relend to purchasers of highly fractioned land. Updates references to other laws, and requires regulatory consultation between USDA and the Department of the Interior. [Sec. 5102]

Similar to the Senate bill by allowing lending to intermediaries that may create revolving loan funds to relend to purchasers of highly fractioned land. The House bill does not contain a provision for updating references or requiring interagency consultation. [Sec. 5501]

Requires certain levels of appraisal for land to qualify for highly fractioned land loans. [25 U.S.C. 488]

Simplifies appraisals for purchasers of highly fractioned land by requiring only one appraisal recognized by USDA or the Department of the Interior. [Sec. 5103]

No change.

Title VI. Rural Development

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Consolidated Farm and Rural Development Act (ConAct) Authorizing statute for USDA's rural development programs. [7 U.S.C. 1921 et seq.]

Reorganizes the Consolidated Farm and Rural Development Act (ConAct). Consolidates 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.

No comparable provision.

Defining Rural Eligibility

 

 

Sec. 343(a)(13)(A) of the Consolidated Farm and Rural Development Act (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 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.

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.

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)]

Retains Sec. 343 (a) definition of 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 city or town.

Eliminates the rural definition for water and waste water projects so that the definition above applies. Areas that were eligible for water and waste water funding under the prior definition will remain eligible for funding unless USDA determines that the area is no longer "rural in character."

Eliminates the rural definition for community facility loan and grants so that the definition above applies. Areas that were eligible for community facility funding under the prior definition will remain eligible for funding unless USDA determines that the area is no longer "rural in character."

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]

No change to current law.

No change to current law.

No change to current law.

No change to current law.

Rural Community Programs

 

 

Rural Water Loan and Grant Program. Loans and grants to support improvements to rural water systems. Authorizes $30 million annually FY2009-2012, subject to annual appropriations. [7 U.S.C. 1926(a)(2]

Reauthorizes funding to make loans, grants, and loan guarantees for the Rural Water and Waste Disposal Loan and Grant Programs. Establishes priorities for rural water programs, including a priority for rural communities of 5,500 or fewer permanent residents. Section 3501 (a)-(d)(f) of the ConAct. [Sec. 6001]

Reauthorizes the Rural Water and Waste Disposal Loan and Grant Programs. Authorizes $15 million annually FY2013-2017, subject to annual appropriations. [Sec. 6001]

Revolving Funds for Financing Water and Waste Water Projects Program. Provides capital to fund revolving loan funds for supporting rural water projects. Authorizes $30 million annually for 2008-2012, subject to annual appropriations. [7 U.S.C. 1926(a)(2)(B)]

Reauthorizes funding for Revolving Funds for Financing Water and Wastewater Projects at $30 million annually for FY2013-FY2017, subject to appropriations. Section 3501(e)(1) of the ConAct. [Sec. 6001]

No change to current law, including no extension of authorization to appropriate funds to the program.

Emergency and Imminent Community Water Assistance Program. Provides assistance to water systems in rural communities of 10,000 or less where there is a threat to potable water supplies. Authorizes funding of $35 million for each fiscal year FY2008-2012. [7 U.S.C. 1926a(i)(2)]

Reauthorizes funding for Emergency and Imminent Community Water Assistance Program at $35 million annually for FY2013-FY2017, subject to appropriations. Section 3501(e)(2) of the ConAct. [Sec. 6001]

Reauthorizes funding for Emergency and Imminent Community Water Assistance Program at $27 million annually for FY2013-FY2017, subject to appropriations. [Sec. 6006]

Water and Waste Facility Loans and Grants to Alleviate Health Risks Provides loan and grant support to rural water systems to improve sanitation and potable water supplies. Authorizes an annual appropriation of $30 million in loan subsidies, $30 million in grants, and $20 million in grants specifically for Tribal groups. [7 U.S.C. 1926c]

Reauthorizes funding for Water and Waste Facility Loans and Grants to Alleviate Health Risks at $60 million in loan subsidies, $60 million in grants, and $20 million in grants specifically for Tribal groups annually for FY2013-FY2017, subject to appropriations. Section 3501(e)(3)(B) of the ConAct. [Sec. 6001]

No change to current law.

Grants for Water Systems for Rural and Native Villages in Alaska. Funding for water projects to improve sanitation and potable water in rural Alaska. Authorizes $30 million annually for FY2008-FY2012, subject to appropriations. [7 U.S.C. 1926d]

Reauthorizes funding for the program and specifies eligibility for native villages for Alaska and Hawaii for Water and Waste Facility Loans and Grants to Alleviate Health Risks to include Native Tribes, rural or native villages in Alaska and Hawaii. Section 3501(e)(3)(B) of the ConAct. [Sec. 6001]

No change to current law, including no extension of authorization to appropriate funds to the program.

Solid Waste Management Grants. Provides grant assistance for communities to establish or improve solid waste management facilities. Subject to annual appropriations. [7 U.S.C. 1932(b)]

Reauthorizes funding for Solid Waste Management Grants at $10 million annually for FY2013-FY2017, subject to appropriations. Section 3501(e)(4) of the ConAct. [Sec. 6001]

No change to current law.

Rural Water and Wastewater Technical Assistance and Training Grants. Provides funding for technical and managerial expertise assistance from third-parties (e.g., National Rural Water Association Program) to assist rural communities with various water and waste water issues. Authorizes that between 1% and 3% of total water and waste water appropriation be allocated to these grants annually for FY2008-FY2012. [7 U.S.C. 1926(a)(14)]

Reauthorizes funding for Rural Water and Wastewater Technical Assistance and Training Grants at the current allocation rate of between 1% and 3% of the total water and waste water appropriation annually for FY2013-FY2017. Section 3501(e)(5) of the ConAct. [Sec. 6001]

No change to current law.

Rural Water and Waste Water Circuit Rider Program. Provides funding to support technical assistance to water rural water systems. [7 U.S.C. 1926(a)(19)]

Reauthorizes the Rural Water and Waste Water Circuit Rider Program. Authorizes funding of $25 million for FY2013 and each year thereafter, subject to annual appropriations. [Sec. 6001]

Reauthorizes the Rural Water and Waste Water Circuit Rider Program. Authorizes funding of $20 million for FY2013 and each year thereafter, subject to annual appropriations. [Sec. 6004]

Special Evaluation Assistance for Rural Communities and Households (SEARCH) Program. Provides grant assistance to communities under 2,500 to 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. Authorizes funding not to exceed $30 million in any fiscal year. [7 U.S.C. 2009ee]

Reauthorizes funding for the SEARCH Program at such sums as necessary for FY2013-FY2017, subject to annual appropriations. Section 3501(e)(6) of the ConAct. [Sec. 6001]

No change to current law.

Grants to Nonprofit Organizations to Finance the Construction, Refurbishing, and Servicing of Individually-Owned Household Water Well Systems in Rural Areas for Individuals with Low or Moderate Incomes. Provides funding to third-party organizations with expertise in residential well-water systems. Authorizes $10 million annually FY2008-2012, subject to appropriations. [7 U.S.C. 1926(d)]

No comparable provision.

Reauthorizes the Household Water Well Systems Program. Authorizes $5 million for each year FY2013-2017. [Sec. 6007]

Community Facilities Loan and Grant Program. Provides loan, grant, and loan guarantees for "essential community facilities." Most funding has supported projects for improved community health and safety (e.g., health clinics, elder care facilities, fire protection, emergency responders). Authorizes such sums as necessary annually, subject to appropriations. [7 U.S.C. 1926(a)(19)]

Reauthorizes funding for Community Facilities Programs at $10 million annually for FY2013-FY2017, subject to annual appropriations.

Establishes new priorities for Community Facilities loans and grants, including prioritization 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]

Eliminates the provision in current law that reserves 10% of Community Facility funds for child day care facilities. [Sec. 6003]

No comparable provision.

No comparable provision.

Tribal College and University Essential Community Facilities. Provides grant funding to entities that are tribal colleges to provide the federal share of the cost of developing specific tribal college or university essential community facilities. Authorizes funding of $10 million each fiscal year FY2008-2012. [7 U.S.C. 1926(a)(25)(C)]

Reauthorizes funding of $10 million each fiscal year FY2013-2017.

Authorizes funding of $5 million each fiscal year FY2013-2017. [Sec. 6005]

Rural Business and Cooperative Development

 

Rural Business Opportunity Grants. Provides grant assistance of up to $1.5 million to identify business opportunities that will use local rural resources, to train and provide technical assistance to existing or prospective rural entrepreneurs, to establish business support centers, and to support local and regional economic development planning. Authorizes $15 million annually for FY2008-FY2012, subject to appropriations. [7 U.S.C. 1926(a)(11)]

Eliminates the program, but consolidates the program's objectives within a broad rural business development grants program. Authorizes $65 million annually for the broader program for FY2013-FY2017, subject to annual appropriations. Section 3601(a] of the ConAct. [Sec. 6001]

Authorizes $15 million annually for each fiscal year FY2013-FY2017. [Sec. 6002]

Rural Business Enterprise Grants. Provides grant support of up to $50,000 to public bodies and nonprofit corporations for measures designed to facilitate small and emerging business enterprises, or the creation and expansion of rural distance learning networks, among other eligible activities. Authorizes funding not to exceed $50 million annually. Subject to annual appropriations. [7 U.S.C. 1932(c)]

Eliminates the program, but consolidates the program's objectives within a broad rural business development grants program. Authorizes $65 million annually for the broader program (as above) for FY2013-FY2017, subject to appropriations. Section 3601(a)of the ConAct. [Sec. 6001]

No change to current law.

Value-Added Producer Grants. Provides grant support to agricultural producers to undertake projects that add value to commodities and thereby increase producer income. Also supports planning and business development for value-added projects. Authorizes $40 million annually FY2009-2012 subject to annual appropriations, in addition to $15 million in mandatory spending to remain available until expended. [7 U.S.C. 1621]

Reauthorizes funding for Value-Added Agricultural Producer Grants at $40 million annually for FY2013-FY2017, subject to annual appropriations. Also authorizes $12.5 million annually in mandatory spending for FY2014-FY2017. Establishes priority for projects in which at least 25% of the project recipients are beginning farmers or ranchers or socially disadvantaged farmers or ranchers. Section 3601(b) of the ConAct. [Sec. 6001]

Reauthorizes the Value-Added Product Grant Program. Authorizes funding of $50 million each fiscal year FY2013-2017. [Sec. 6202]

Locally or Regionally Produced Agricultural Food Products. Provides funding to increase domestic consumption of locally and regionally produced agricultural products and to provide affordable food products in underserved rural and urban areas. Reserves 5% of the funds of the Business and Industry Loan Guarantee program for support of locally and regionally produced food. [7 U.S.C. 1932(g)(9)(B)(v)(I)]

Reauthorizes the program for FY2012-2017. Requires that USDA produce an annual report that describes the projects carried out by the program. [Sec. 6001]

Reauthorizes the program for FY2013-2017. Amends the provision to state that not more than 7% of the funds of the Business and Industry Loan Guarantee program can be used to fund locally or regionally produced agricultural food products. [Sec. 6010]

Agriculture Innovation Center Demonstration Program. Provides grant funding to producers for technical assistance in developing agricultural-based businesses based on value-added production. Authorizes funding of $6 million annually for FY2008-2012, subject to annual appropriations. [7 U.S.C. 1632(b)(i)]

No comparable provision.

Authorizes funding of $1 million for each fiscal year FY2013-2017. [Sec. 6203]

Rural Cooperative Development Grants. Facilitate the creation of jobs in rural areas through the development of new rural cooperatives, value-added processing, and rural businesses. Authorizes $50 million annually for FY2008-FY2012, subject to appropriations. [7 U.S.C. 1932(e)(5)]

Reauthorizes funding for grants at $50 million annually for FY2013-FY2017 subject to appropriations. Includes directive to coordinate an interagency working group among federal agencies to support cooperative development. Section 3601(c) of the ConAct. [Sec. 6001]

Reauthorizes funding for grants at $40 million annually for FY2013-FY2017, subject to appropriations. [Sec. 6009]

Appropriate Technology Transfer for Rural Areas (ATTRA). Provides grant support at an agricultural institution (e.g., universities) for information activities to agricultural producers. Authorizes $5 million annually for FY2008-FY2012, subject to appropriations. [7 U.S.C. 1932]

Reauthorizes funding for ATTRA at $5 million annually for FY2013-FY2017, subject to appropriations. Section 3601(d) of the ConAct. [Sec. 6001]

No change to current law, including no extension of authorization to appropriate funds to the program.

Business and Industry Direct and Guaranteed Loans. Provides loans for a wide variety of projects to support business development in rural areas and to increase and retain jobs in rural areas. Subject to annual appropriations. (Note: Direct loan program has not been funded since 2002.) [7 U.S.C. 1932(a)(2)(A)]

Reauthorizes funding of $75 million annually for FY2013-FY2017, subject to appropriations. Raises initial fee to 3% from current authorization of 2%. Reauthorizes a 5% carve-out of guaranteed loan authority for Locally or Regionally Produced Agricultural Food Products. Section 3601(e) of the ConAct. [Sec. 6001]

No change to current law.

Intermediary Relending Program (IRP). The IRP provides direct loans at 1% interest to intermediaries to finance business facilities and community 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]

Reauthorizes funding for IRP at $50 million annually for FY2013-FY2017, subject to appropriations. Section 3601(f)(1) of the ConAct. [Sec. 6001]

Reauthorizes and amends the program. Requires that loans be for purposes and subject to the terms and conditions specified in the 1st, 2nd, and last sentences of Section 623(a) of the Community Economic Development Act of 1981 (42 U.S.C. 9812(a). Limits authorization of funds to no more that $10 million for each fiscal year FY2013-2017. [Sec. 6011]

Rural Microentrepreneur Assistance Program. Provides grant support to third-party entities who assist rural entrepreneurs in establishing microenterprises in rural areas. Authorizes $4 million in mandatory spending for FY2009-FY2011 and $3 million for FY2012. Also authorizes $40 million annually in discretionary spending for FY2009-FY2012, subject to appropriations. [7 U.S.C. 1981 et seq.]

Reauthorizes funding the program at $40 million annually for FY2013-FY2017, subject to appropriations. Also provides $3.75 million annually in mandatory spending for FY2014-FY2017. Section 3601(f)(2) of the ConAct. [Sec. 6001]

Reauthorizes funding for the program at $20 million annually for FY2013-FY2017, subject to appropriations. [Sec. 6016]

Rural Business Investment Program. Modeled on the Small Business Administration's Small Business Investment Companies, the Rural Business Investment Program provides funding to help capitalized Rural Business Companies that, in turn, provide loans to rural businesses. Authorizes $50 million for the period FY2008-FY2012, subject to appropriations. [7 U.S.C. 2009cc et seq.]

Reauthorizes funding for the program at $25 million annually through FY2017, subject to appropriations. Provides authority for USDA to establish capital requirements, establish fees for applicants applying for a license to operate as a rural business investment company, and ensures the majority of capital of each rural business company is invested in rural concerns. Section 3602 of the ConAct. [Sec. 6001]

Reauthorizes the Rural Business Investment Program. Authorizes funding of $20 million for each fiscal year FY2013-2017. [Sec. 6019]

Rural Business Collaborative Investment Program. Provides loan and 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]

Eliminates the program.

No change to current law, including no extension of authorization to appropriate funds to the program.

General Rural Development Provisions

 

 

General authority for USDA to award grants and to make and guarantee loans to various entities [7 U.S.C. 1926]

Reauthorizes and contains general provisions for loan and grant authority. Section 3701of the ConAct. [Sec. 6001]

No change to current law.

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]

No comparable provision.

Rural Development Loan Procedures. Provision addresses procedures for approving USDA Rural Development loans and grants. [7 U.S.C. 1983(a)]

No comparable provision.

Simplifies the loan application process. Directs USDA to the maximum extent possible to provide a one-page application and other simplified application procedures. [Sec. 6013]

Rural Development Insurance Fund. Authorizes a revolving fund for the discharge of the obligations of USDA under contracts guaranteeing or insuring 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]

Continues permanent authority for the Rural Development Insurance Fund. Section 3704 of the ConAct. [Sec. 6001]

No change to current law.

Rural Economic Area Partnership (REAP). The program assists communities dealing with geographic and economic isolation, low density 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]

Establishes process for USDA to designate new Rural Economic Area Partnership zones. Section 3705(a) of the ConAct. [Sec. 6001]

No change to current law.

National Rural Development Partnership. A state-federal rural economic development coordinating entity operating through State Rural Development Councils and a National Rural Development Coordinating Committee. [7 U.S.C. 2008m]

State Rural Development Partnership. Establishes a federal-state partnership called the State Rural Development Partnership. The Partnership is composed of state rural development councils whose purpose is to build regional capacity in rural communities. The Partnership is designed to maximize public- and private-sector cooperation to minimize regulatory redundancy. The federal government will act as a partner or facilitator to provide states with technical and administrative support necessary to plan and implement rural development strategies tailored to meet local needs. [Sec. 6001]

Reauthorizes State Rural Development Councils. Makes no other changes to current law. [Sec. 6014]

No comparable provision.

No comparable provision.

Program Metrics. Directs USDA to begin collecting data on the economic activities created through its loan and grant funding. Specifically directs USDA to measure the short and long-term viability of award recipients, and to submit a report to Congress every two years on the actions taken to use the data, the number of jobs created, the value of wages, and other economic data deemed relevant. [Sec. 6204]

Rural Telecommunications and Electrification: Rural Electrification Act

 

Definition of Rural Area. Defines rural and rural area to mean any area other than a city or town or unincorporated place with a population greater than 20,000 residents, and any area within the service area of an electric, telephone, or telephone bank borrower under Section 13(3)the Rural Electrification Act. [7 U.S.C. 913]

Amends the definition of rural area for programs authorized by the Rural Electrification Act to be the same as the definition in Section 3002 (28)(A)(i): 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 city or town. [Sec. 6101]

No change to current law.

Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes. Provides for federal guarantees for bonds and notes that finance rural electrification and telephone infrastructure. [7 U.S.C. 940c-1(f)]

Reauthorizes guarantees for bonds and notes issued for electrification or telephone purposes for 2012-2017. [Sec. 6102]

Identical to the Senate provision. [Sec. 6103]

Access to Broadband Telecommunications Services in Rural Area. Provides loan guarantees to establish broadband telecommunications infrastructure in rural areas. Subject to annual appropriations. [7 U.S.C. 950bb]

Reauthorizes funding for the program at $50 million annually for 2008-2017, subject to appropriations. Amends Section 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. The provision also establishes priority to broadband applications that offer service to the greatest proportion of unserved rural households or rural households that do not have broadband service but meet the minimum acceptable levels of service. Priority would be given to communities with populations of 20,000 or less, or those experiencing outmigration, or those that are isolated from population centers, or those that have a high percentage of low-income residents. [Sec. 6104]

Gives priority to applicants that offer to provide broadband service to the greatest proportion of households that prior to the provision of services, had no incumbent service provider. [Sec. 6105]

Expansion of 911 Access. Authorizes expanding the emergency telephone 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]

Reauthorizes expansion of 911 access through FY2017. [Sec. 6103]

Identical to the Senate bill. [Sec. 6104]

Grants for NOAA Weather Radio Transmitters. Provides grant funding to public and nonprofit entities for the federal share of the cost of acquiring radio transmitter to increase coverage of rural areas by the all hazards weather radio broadcast system of the National Oceanic and Atmospheric Administration. Authorizes funding of such sums as necessary for FY2008-2012, subject to annual appropriations. [7 U.S.C. 2008p]

No comparable provision.

Authorizes $1 million each fiscal year FY2013-FY2017, subject to appropriations. [Sec. 6015]

Distance Learning and Telemedicine Program. Provides grants to rural hospitals, clinics, schools, and libraries to develop and improve their telecommunications infrastructure. Section 233A of the Food, Agriculture, Conservation, and Trade Act of 1990. Authorizes funding of $100 million annually through FY2012, subject to appropriations. [7 U.S.C. 950aaa]

Reauthorizes funding at current level through 2017. [Sec. 6201]

Authorizes funding of $65 million for each fiscal year FY2013-2017. [Sec. 6201]

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 rate loans to eligible Rural Utilities Service borrowers to fund loans to qualified consumers to implement energy efficiency measures. [Sec. 6202]

No comparable provision.

Backlog Rural Development Applications. Section 6029 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246) provided a one-time $120 million in mandatory spending for pending rural development loan and grant applications. [122 Stat. 1955]

Provides for one-time mandatory funding of $50 million for pending rural development loan and grant applications. [Sec. 6203]

No comparable provision.

No comparable provision.

Study of Rural Transportation Issues. Directs USDA and the Department of Transportation to jointly conduct a study regarding the movement of agricultural products, domestically renewable fuels, domestically produced resources for electricity production, and economic development for rural areas. Designates particular topics for the study to address. Study is to be updated triennially. [Sec. 6204]

Identical to the Senate bill. [Sec. 6205]

No comparable provision.

Amends Section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622) to direct USDA to participate on behalf of the interests of agriculture and rural America in all proceedings pertaining to freight rail policy of the Surface Transportation Board. [Sec. 6205]

No comparable provision.

Regional Development Authorities

 

 

Delta Regional Authority. The Authority is an 8-state state-federal regional planning and development entity that provides loan and grant support for economic development projects in rural counties in the Mississippi Delta area. Authorizes $30 million annually for FY2008-2012 subject to appropriations. [7 U.S.C. 2009aa et seq.]

Reauthorizes funding through FY2017 at the current level of $30 million annually, subject to annual appropriations. Also makes technical amendments to the operation of the Authority. Sections 3801 through 3814 of the ConAct. [Sec. 6001]

Authorizes $12 million each fiscal year FY2013-FY2017, subject to appropriations. [Sec. 6017]

Northern Great Plains Regional Authority. Authorizes an economic development commission that develops regional plans and makes loans and grants for infrastructure and economic development in five Great Plains States. Authorizes $30 million annually for FY2008-2012, subject to appropriations. [7 U.S.C. 2009bb et seq.]

Reauthorizes funding through FY2017 at the current level of $30 million annually, subject to annual appropriations. Also makes technical amendments to the authority. Increases the cap on administrative expenses from 5% to 10%. Sections 3821 through 3835 of the ConAct. [Sec. 6001]

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.

Authorizes funding of $2 million for each fiscal year FY2013-2017, subject to appropriations. [Sec. 6018]


Title VII. Research, Extension, and Related Matters

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Foundation for Food and Agricultural Research

 

No comparable provision.

Establishes the "Foundation for Food and Agriculture Research," a new nonprofit corporation designed to supplement USDA's basic and applied research activities, and provides total mandatory funding of up to $100 million from the Commodity Credit Corporation. Federal funding is available only to the extent that the foundation secures an equal amount of non-federal matching funds for each dollar of expenditure. The foundation will solicit and accept private donations to award grants or enter into agreements for collaborative public/private partnerships with scientists at USDA and in academia, non-profits, and the private sector. [Sec. 7601]

No comparable provision.

National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA), As Amended

Authorizes the National Agricultural Research, Extension, Education, and Economics Advisory Board. The Board reviews and provides consultation on priorities for research, extension, education, and economics to the Secretary, land-grant colleges and universities, and Congress. [7 U.S.C. 3123]

Extends authority through FY2017 and adds "consult with industry groups" to the Board's list of duties. [Sec. 7101]

Identical to the Senate bill. [Sec. 7102]

Amended by the Specialty Crops Competitiveness Act of 2004 (P.L. 108-465) to establish and allow USDA to appoint members to a permanent specialty crops committee responsible for studying the scope and effectiveness of research, extension, and economics programs affecting the specialty crop industry. [7 U.S.C. 3123a]

Amends requirements to provide for diversity of the specialty crops represented, and to ensure ongoing consultation with diverse sectors of the specialty crop industry. [Sec. 7102]

Amends requirements to include research on: (1) improving quality and taste of processed specialty crops and (2) use of remote sensing in production practices. [Sec. 7103]

Authorizes a program to defray the school loans of veterinary medical school graduates who agree to serve for limited time periods in underserved areas. Funding subject to appropriations. [7 U.S.C. 3151a]

Authorizes an additional matching competitive grant program with qualified entities to develop, implement, and sustain veterinary services. Authorizes $10 million per year, subject to annual appropriations. [Sec. 7103]

Nearly identical to Senate bill. [Sec. 7104]

Authorizes grants/fellowships to land grant colleges and universities for food and agricultural sciences education. Annual appropriations of $60 million authorized through FY2012. [7 U.S.C. 3152]

Reauthorizes at $40 million per year for FY2013-17, subject to appropriations. [Sec. 7104]

Identical to the Senate bill. [Sec. 7105]

Authorizes USDA to enter into a wide variety of grants and other collaborative agreements with private and public educational institutions, corporations, and individuals to conduct independent research and public policy analysis on food and agriculture. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3155]

Reauthorizes at $5 million per year, subject to appropriations. Provides preference to policy research centers that have extensive databases, models, and demonstrated experience in providing Congress with agricultural projections and analysis at the farm, regional, national, and international levels. [Sec. 7105]

Similar to the Senate bill except removes authority for making non-competitive grants. [Sec. 7106]

Authorizes USDA to make grants to Alaska Native-serving institutions to assist in carrying out education, applied research, and related community development programs. Annual appropriations of $10 million authorized through FY2012. [7 U.S.C. 3156]

Reauthorizes at $10 million per year for FY2013-17, subject to appropriations. [Sec. 7106]

No comparable provision.

Authorizes USDA to make grants for research on human nutrition intervention and health promotion. Appropriations of such sums as necessary are authorized through FY2012. [Sec. 3174]

No comparable provision.

Repeals current law. [Sec. 7107]

Requires USDA to conduct pilot research program to combine medical and agricultural research. Annual appropriations of $10 million authorized through FY2012. [Sec. 3174]

No comparable provision.

Repeals current law. [Sec. 7108]

Authorizes USDA to establish a national education program for disseminating results of food and human nutrition research performed or funded by USDA. Annual appropriations of $90 million authorized through FY2012. [7 U.S.C. 3175]

Reauthorizes at $90 million per year for FY2013-2017, subject to appropriations. [Sec. 7107]

Identical to the Senate bill. [Sec. 7109]

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]

Reauthorizes at $15 million per year for FY2013-2017, subject to appropriations [Sec. 7110]

Authorizes research on national or regional problems in agriculture. [7 U.S.C. 3196]

No comparable provision.

Repeals current law. [Sec. 7111]

Authorizes annual appropriations of $25 million through FY2012 for NARETPA Grants to upgrade agricultural and food sciences facilities at 1890 land grant 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)]

Reauthorizes at $25 million per year and $8 million per year, respectively, for FY2013-2017, subject to appropriations. [Sec. 7109 and Sec. 7110]

Similar to the Senate bill and amends to support tropical agricultural research in insular areas. [Sec. 7112 and Sec. 7113]

Authorizes grants to Hispanic-serving institutions to strengthen educational capacity. Annual appropriations of $40 million authorized through FY2012. [7 U.S.C. 3241]

Reauthorizes at $40 million per year for FY2013-2017, subject to appropriations. [Sec. 7111]

Identical to the Senate bill. [Sec. 7115]

The term "Hispanic-serving agricultural colleges and universities" means colleges or universities that qualify as Hispanic-serving institutions and offer degree programs in agriculture-related fields. [7 U.S.C. 3103(10)(A)]

No comparable provision.

Allows institutions to opt out of the designation. [Sec. 7101]

Authorizes national research and training virtual centers. [7 U.S.C. 3222c]

No comparable provision.

Repeals current law. [Sec. 7114]

Authorizes competitive grants for international agricultural science and education programs. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3292b]

Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations. [Sec. 7112]

Identical to the Senate bill. [Sec. 7116]

Authorizes competitive grants for the acquisition of special purpose scientific research equipment. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3310a]

No comparable provision.

Repeals current law. [Sec. 7117]

Authorizes university agricultural research. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3311]

Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7113]

Identical to the Senate bill. [Sec. 7118]

Authorizes agricultural extension activities. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3312]

Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7114]

Identical to the Senate bill. [Sec. 7119]

USDA may retain up to 4% of amounts made available for agricultural research, extension, and teaching assistance programs for the administration of those programs. [7 U.S.C. 3315]

No comparable provision.

The 4% limit does not apply to programs that currently contain a limitation that is less than 4%. [Sec. 7120]

Authorizes research on supplemental and alternative crops, subject to appropriations. [7 U.S.C. 3319d]

Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations, and amends so that only competitive grants can be awarded. [Sec. 7115]

Identical to the Senate bill. [Sec. 7121]

Authorizes competitive grants to non-land grant colleges of agriculture. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3319i(b)]

Reauthorizes for FY2013-2017, subject to appropriations. [Sec. 7116]

Identical to the Senate bill. [Sec. 7122]

Authorizes grants for a cooperative research and extension program to encourage the development, management, and production of aquatic food species. [7 U.S.C. 3322(b)]

Reauthorizes at $5 million per year for FY2013-2017, subject to appropriations, and amends so that only competitive grants can be awarded. [Sec. 7117]

Identical to the Senate bill. [Sec. 7123]

Authorizes rangeland research. Annual appropriations of $10 million authorized through FY2012. [7 U.S.C. 3336(a)]

Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations. [Sec. 7118]

Identical to the Senate bill. [Sec. 7124]

Authorizes biosecurity planning/response. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3351(a)]

Reauthorizes at $20 million per year for FY2013-2017, subject to appropriations. [Sec. 7119]

Identical to the Senate bill, except annual funding is $10 million. [Sec. 7125]

Authorizes resident instruction & distance education grants for insular area institutions of higher education. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 3362(a)]

Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations, and amends so that only competitive grants can be awarded. [Sec. 7120]

Identical to the Senate bill. [Sec. 7126]

No comparable provision.

No comparable provision.

The recipient of a competitive grant under a covered law that involves applied research or extension and is commodity-specific or state-specific must provide matching funds or in-kind contributions of equal value to the grant. [Sec. 7127]

Food, Agriculture, Conservation, and Trade Act of 1990, As Amended

 

Provides for research on best utilization of biological applications. Annual appropriations of $40 million authorized. [7 U.S.C. 5814]

Reauthorizes at $40 million per year for FY2013-2017, subject to appropriations. [Sec. 7201]

Identical to the Senate bill. [Sec. 7201]

Provides for a research and education program on integrated resource management and integrated crop management. Annual appropriations of $20 million authorized. [7 U.S.C. 5821]

Reauthorizes at $20 million per year for FY2013-2017, subject to appropriations. [Sec. 7202]

Identical to the Senate bill. [Sec. 7202]

Provides for information on sustainable agriculture. Appropriations of such sums as necessary are authorized. [7 U.S.C. 5831] Education/training for Cooperative Extension Service agents and other professionals is also provided. Annual appropriations of $20 million authorized. [7 U.S.C. 5832]

For FY2013-17, reauthorizes appropriations of such sums as necessary for sustainable agriculture [Sec. 7203] and $20 million per year for education/training [Sec. 7204], subject to appropriations.

Identical to the Senate bill except reauthorizes appropriations of $5 million per year for sustainable agriculture [Sec. 7203] and $20 million per year for education/training. [Sec. 7204]

Provides for a national genetics resources program. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 5844(b)]

Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations. [Sec. 7205]

Identical to the Senate bill. [Sec. 7205]

Provides for a national agricultural weather information system. Annual appropriations of $5 million authorized through FY2012. [7 U.S.C. 5851 et seq.]

Reauthorizes at $1 million per year for FY2013-2017, subject to appropriations. [Sec. 7206]

Repeals current law. [Sec. 7206]

Provides for a rural electronic commerce extension program to expand and enhance electronic commerce practices and technology to be used by small businesses in rural areas. [7 U.S.C. 5923]

No comparable provision.

Repeals current law. [Sec. 7207]

Provides for a research initiative called the "Agricultural Genome Initiative" to study and map agriculturally significant genes. [7 U.S.C. 5924]

No comparable provision.

Repeals current law. [Sec. 7208]

Provides for research and extension on a number of high-priority topics, including aflatoxin, prickly pears, and deer tick ecology. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 5925]

Reauthorizes at $25 million per year for FY2013-2017, subject to appropriations. Removes specific references to certain research and extension topics and adds reference to research on crops used for feedstuffs. Adds a new pulse crop health and extension initiative. [Sec. 7207]

Reauthorizes research for FY2013-2017, subject to appropriations. Removes specific references to certain research and extension topics and adds research references to honey bee health disorders; and bed bugs, and other pests, including pests that the Secretary determines are a risk to public health. [Sec. 7209]

Provides for research and extension on technologies for animal waste management and related air quality management and odor control. [7 U.S.C. 5925a]

No comparable provision.

Repeals current law. [Sec. 7210]

Establishes the Organic Agriculture Research and Extension Initiative (OREI), providing grants to facilitate the development of organic agriculture production and processing. Provides mandatory CCC funds of $18 million (FY2009) and $20 million annually (FY2010-FY2012), and authorizes annual appropriations of $25 million (FY2009-FY2012). [7 U.S.C. 5925b]

Reauthorizes OREI with some program changes. Provides CCC funds of $16 million (FY2013-FY2017) and extends authority for appropriated funding of $25 million through FY2017. [Sec. 7208]

Similar to the Senate bill. [Sec. 7211]

Provides for research and extension to enhance the production of biomass energy crops and the energy efficiency of agricultural operations. [7 U.S.C. 5925e]

No comparable provision.

Repeals current law. [Sec. 7212]

Authorizes competitive research and extension grants for improving the farm business management knowledge and skills of agricultural producers. Appropriations of such sums as necessary are authorized. [7 U.S.C. 5925f(d)]

Reauthorizes at $5 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7209]

Identical to the Senate bill. [Sec. 7213]

Authorizes regional centers of excellence. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 5925]

Reauthorizes at $10 million per year for FY2013-FY2017, subject to appropriations. USDA may prioritize funding. [Sec. 7210]

Similar to the Senate bill. Requires USDA to prioritize funding. [Sec. 7214]

Authorizes red meat food safety research center. [7 U.S.C. 5929]

No comparable provision.

Repeals current law. [Sec. 7215]

Authorizes an assistive technology program for farmers with disabilities. Annual appropriations of $6 million authorized through FY2012. [7 U.S.C. 5933(c)(1)]

Reauthorizes at $5 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7211]

Identical to the Senate bill except reauthorizes at $3 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7216]

Authorizes National Rural Information Center Clearinghouse. Annual appropriations of $500,000 authorized through FY2012. [7 U.S.C. 3125b(e)]

Reauthorizes at $500,000 per year for FY2013-FY2017, subject to appropriations. [Sec. 7212]

Identical to the Senate bill. [Sec. 7217]

Agriculture Research, Extension, and Education Reform Act of 1998 (AREERA), As Amended

 

USDA establishes procedures that provide for scientific peer review of agricultural research grants administered, on a competitive basis, by its National Institute of Food and Agriculture. [7 U.S.C. 7613]

Amends law to emphasize that "relevance" of the underlying research and extension programs to the affected industry shall be considered in evaluating grant applications. [Sec. 7301]

Nearly identical to Senate bill. [Sec. 7301]

Section 406, as amended, establishes the "Integrated Research, Education, And Extension Competitive Grants Program." Included is the Organic Transitions 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]

Reauthorizes program and extends authority to appropriate funds for FY2013-2017. [Sec. 7302]

Nearly identical to Senate bill. [Sec. 7302]

Provides for a coordinated program of research, extension, and education to improve the competitiveness, viability, and sustainability of small and medium size dairy, livestock, and poultry operations. [7 U.S.C. 7627]

No comparable provision.

Repeals current law. [Sec. 7303]

Section 408(e) authorizes research on diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C.7628(e)]

Reauthorizes program at $10 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7303]

No comparable provision.

Provides for establish a program to conduct research, testing, and evaluation of programs for the control and management of Johne's disease in livestock. [7 U.S.C. 7629]

No comparable provision.

Repeals current law. [Sec. 7304]

Section 410(d) authorizes grants for youth organizations. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C.7630(d)]

Reauthorizes program at $3 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7304]

Identical to the Senate bill. [Sec. 7305]

Section 7311 of the 2008 farm bill amended the AREERA to establish the Specialty Crop Research Initiative (SCRI), providing mandatory CCC funds of $30 million (FY2008) and $50 million annually (FY2009-FY2012), plus authorizes $100 million annually (FY2008-FY2012), subject to appropriations. [7 U.S.C. 7632]

Reauthorizes SCRI. Provides mandatory CCC funds of $25 million (FY2013); $30 million annually (FY2014-FY2015); $65 million (FY2016); and $50 million (FY2017 and each fiscal year thereafter). Extends authority to appropriate funds through FY2017. Requires USDA consult with the specialty crops committee during the peer and merit review process. [Sec. 7305]

Similar to the Senate bill. Requires USDA to award competitive grants based on an initial scientific peer review conducted by a panel of subject matter experts and a USDA review and ranking for merit, relevance, and impact conducted by a panel of specialty crop industry representatives. [Sec. 7306]

Sec. 604 of AREERA authorizes the Food Animal Residue Avoidance Database. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 7642]

Reauthorizes program and extends authority to appropriate funds for FY2013-FY2017. [Sec. 7306]

Identical to the Senate bill. [Sec. 7307]

Sec. 612 of AREERA authorizes National Swine Research Center. [P.L. 105-185; 112 Stat. 605]

No comparable provision.

Repeals current law. [Sec. 7308]

AREERA establishes the Office of Pest Management Policy to coordinate USDA's policies and activities related to pesticides and pest management tools. Authorizes appropriations of such sums as necessary through FY2012. [7 U.S.C. 7653]

Reauthorizes appropriations of $3 million annually (FY2013- FY2017). [Section 7307]

Identical to the Senate bill. [Sec. 7309]

 

Amends Title VI of AREERA [7 U.S.C. 7651 et seq.] to establish four "Regional 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]

No comparable provision.

Requires USDA to conduct a performance evaluation to determine whether federally funded agricultural research, extension, and education programs result in public goods that have national or multistate significance. [7 U.S.C. 7671 et seq.]

No comparable provision.

Repeals current law. [Sec. 7310]

Authorities in Other Laws

 

 

Provides for development of critical agricultural materials. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 178n]

Reauthorizes at $2 million per year for FY2013-2017, subject to appropriations. [Sec. 7401]

Identical to the Senate bill. [Sec. 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]

Nearly identical to the Senate bill. [Sec. 7402]

Authorizes funding for costs of agricultural research facilities (experiment stations) under the Research Facilities Act. Appropriations of such sums as necessary are authorized through FY2012. [7 U.S.C. 390d(a)]

Extends authority to appropriate funds through FY2017. [Sec. 7403]

Identical to the Senate bill. [Sec. 7403]

Authorizes carbon cycle research. [7 U.S.C. 6711]

No comparable provision.

Repeals current law. [Sec. 7404]

The Agriculture and Food Research Initiative (AFRI) makes competitive grants for fundamental and applied research, and for purchasing research equipment. Authorized funding at $700 million annually from FY2008 through FY2012, subject to appropriations. [7 U.S.C. 450i]

Reauthorizes at $700 million per year for AFRI through FY2017. Directs USDA to streamline the competitive grant process for eligible institutions with limited resources. [Sec. 7404]

Similar to the Senate bill. Adds emphasis on plant-based foods that are major sources of nutrients of concern, zoonotic diseases in wildlife reservoirs presenting a potential concern to public health or domestic livestock, data for safe and effective therapeutic applications of animal drugs, conservation practices and technologies designed to address nutrient losses and improve water quality, pest management for minor agricultural use and for use on specialty crops. [Sec. 7405]

USDA operates a National Agricultural Library to serve as the primary agricultural information resource of the United States. [7 U.S.C. 3125a]

Reauthorizes through FY2017 the authority to lease property of the Beltsville Agricultural Research Center or the Library to any individual or entity. [Sec. 7405]

Similar to the Senate bill. [Sec. 7511]

 

For annual funds made available to the National Agricultural Library, the Secretary shall use not more than $1 million per year to support the dissemination of objective agricultural and food law research and information through partnerships with institutions of higher education. [Sec. 7602]

No comparable provision.

The Renewable Resources Extension Act of 1978 (P.L. 95-306) authorizes educational and technical aid via state extension agencies and eligible universities and colleges. Authorizes annual appropriations of $30 million (FY2009-FY2012). [16 U.S.C. 1671-1676]

Reauthorizes at $30 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7406]

Identical to the Senate bill. [Sec. 7406]

Section 10 of the National Aquaculture Act of 1980 establishes USDA as the lead Federal agency for coordinating and disseminating national aquaculture information. Authorizes annual appropriations of $3 million through FY2012. [16 U.S.C. 2801]

Extends authority to appropriate funds through FY2017. [Sec. 7407]

Identical to the Senate bill. [Sec. 7407]

Authorized through April 4, 2001, the use of remote sensing to anticipate potential food, feed, and fiber shortages. and provide timely information to assist farmers with planting decisions. [7 U.S.C. 5935]

No comparable provision.

Repeals current law. [Sec. 7408]

Requires reports on producers and handlers for organic products [7 U.S.C. 5925b note; P.L. 107-171], genetically modified pest-protected plants [P.L. 107-171; 116 Stat. 462], and nutrient banking for the purpose of enhancing the health and viability of watersheds in areas with large concentrations of animal producing units [7 U.S.C. 5925a note; P.L. 107-171].

No comparable provision.

Repeals current law. [Sec. 7409]

Establishes the Beginning Farmer and Rancher Development Program; provides training, education, outreach/technical assistance initiatives. Provides mandatory CCC funds of $18 million (FY2009) and $19 million annually (FY2010-FY2012), plus authorizes $30 million annually (FY2008-FY2012), subject to appropriations. [7 U.S.C. 3319f]

Provides mandatory funding of $17 million per year for FY2013-FY2017 (to be available until expended) and extends authority to appropriate funds through FY2017. List of groups receiving funding set-aside (not less than 25% of total) is expanded to include military veterans. State grants are to be made on a competitive basis for establishing and improving farm safety at the local level. [Sec. 7408]

Similar to Senate bill, with mandatory annual funding at $10 million. Not less than 5% of funds are to be used to support beginning farmers who are military veterans. Recipients of grants may not use more than 10% of funds for indirect costs. Adds emphasis for agricultural rehabilitation and vocational training for veterans. No comparable provision to farm safety in House bill. [Sec. 7410]

Under Section 8 of P.L. 87-788 (commonly known as the McIntire-Stennis Cooperative Forestry Act), the term "State" includes Puerto Rico, the Virgin Islands, and Guam. [16 U.S.C. 582a-7]

No comparable provision.

Adds the Commonwealth of the Northern Mariana Islands to the list of included territories. [Sec. 7411]

Food, Conservation, and Energy Act of 2008

 

 

Establishes a communication center to prepare for an agricultural disease emergency or threat to agricultural biosecurity. Appropriations of such sums as necessary are authorized for FY2008 through FY2012. [7 U.S.C. 8912]

Reauthorizes programs at $2 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7501]

Identical to the Senate bill. [Sec. 7501]

Provides assistance to build local capacity in agricultural biosecurity planning, preparedness, and response. Appropriations of such sums as necessary are authorized for FY2008 through FY2012. [7 U.S.C. 8913]

Reauthorizes at $15 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7502]

Identical to the Senate bill. [Sec. 7502]

Establishes a competitive grant program to encourage basic and applied research and the development of qualified agricultural countermeasures to respond to an outbreak of plant disease. Annual appropriations of $50 million are authorized for FY2008 through FY2012. [7 U.S.C. 8921(b)]

Reauthorizes program at $15 million per year for FY2013-FY2017, subject to appropriations.. [Sec. 7503]

Identical to the Senate bill. [Sec. 7503]

Establishes a competitive grant program to promote the development of teaching programs in disciplines closely allied to the food and agriculture system to 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)]

Reauthorizes at $5 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7504]

Identical to the Senate bill. [Sec. 7504]

Prohibits the Grazinglands Research Laboratory at El Reno, Oklahoma from being declared excess or surplus Federal property.

Reauthorizes provision through FY2017. [Sec. 7511]

Nearly identical to the Senate bill. [Sec. 7512]

In the annual budget process, the President is required to submit to Congress a single budget line item reflecting the total amount requested by the President for funding for research, education, and extension activities of the Research, Education, and Economics mission area of USDA for each fiscal year and for the preceding 5 years. [7 U.S.C. 7614c]

Requires the budget submission to include sufficient information for Congress to thoroughly evaluate and approve future spending plans with regard to extramural competitive grants programs and intramural research spending. New language is added to create transparency and accountability for USDA research programs. [Sec. 7512]

Nearly identical to the Senate bill. [Sec. 7513]

Establishes a program of research relating to natural products, including products from plant, marine, and microbial sources. Appropriations of such sums as necessary are authorized for FY2008 through FY2012. [7 U.S.C. 5937]

Reauthorizes at $7 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7513]

Identical to the Senate bill. [Sec. 7517]

Establishes bioenergy research programs through "sun" grants to land grant institutions and five regional centers. The research is to enhance national energy security through the development, distribution, and implementation of biobased energy technologies. Annual appropriations of $75 million (FY2008-FY2012) are authorized [7 U.S.C. 8114]

Consolidates and amends the Sun Grant Program to expand input from other appropriate federal agencies and replace authority for gasification research with bioproducts research. Makes program competitive by removing designation of certain universities as regional centers. Reauthorizes at $75 million per year for FY2013-FY2017, subject to appropriations. [Sec. 7514]

Nearly identical to the Senate bill. [Sec. 7518]

Authorizes research and education grants to study the development of antibiotic-resistant bacteria. [7 U.S.C. 3202]

No comparable provision.

Repeals current law. [Sec. 7514]

Authorizes competitive grants for a Farm and Ranch Stress Assistance Network. [7 U.S.C. 5936]

No comparable provision.

Repeals current law. [Sec. 7515]

Authorizes competitive grants to carry out a seed distribution program to administer and maintain the distribution of vegetable seeds donated by commercial seed companies. [7 U.S.C. 415-1]

No comparable provision.

Repeals current law. [Sec. 7516]

Requires a study and report on food deserts (area with limited access to affordable food). [P.L. 110-246; 122 Stat. 2039]

No comparable provision.

Repeals current law. [Sec. 7519]

Authorizes competitive grants for agricultural and rural transportation research and education activities. [Sec. 7 U.S.C. 5938]

No comparable provision.

Repeals current law. [Sec. 7520]

No comparable provision.

No comparable provision.

Provides for conveyance of land comprising the subtropical horticulture research station in Florida. [Sec. 7521]

USDA may negotiate agreements granting concessions at the National Arboretum to nonprofit scientific or educational organizations. [Sec. 20 U.S.C. 196]

No comparable provision.

Adds provision allowing recognition of donors. [Sec. 7522]

No comparable provision.

No comparable provision.

Requires USDA to submit to Congress a report on the fungus fusarium oxysporum f. sp. vasinfectum race 4 and the impact of such fungus on cotton. [Sec. 7523]

No comparable provision.

No comparable provision.

Miscellaneous technical correction. [Sec. 7524]


Title VIII. Forestry

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Program Repeal

 

 

Sec. 4 of the Cooperative Forestry Assistance Act of 1978 (CFAA, P.L. 95-313), 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]

Repeals FLEP, effective October 1, 2012. [Sec. 8001]

Identical to the Senate bill. [Sec. 8001]

Sec. 6 of the CFAA, as amended, authorizes and establishes the Watershed Forestry Assistance Program (WFAP) between FY2004-FY2008. Funding has never been appropriated. [16 U.S.C. 2301b]

Repeals WFAP, effective October 1, 2012. [Sec. 8002]

Identical to the Senate bill. [Sec. 8002]

Sec. 18 of the CFAA, as amended, authorizes and establishes the Cooperative National Forest Products Marketing Program between FY1988-FY1991. Since FY1993, funding is appropriated through the Economic Action Program (EAP), administered by the U.S. Forest Service. [16 U.S.C. 2112]

Repeals the Cooperative National Forest Products Marketing Program, effective October 1, 2012. [Sec. 8003]

Identical to the Senate bill. [Sec. 8003]

S. 8402 of the 2008 farm bill, as amended, authorizes the Hispanic-serving institution agricultural land national resources leadership program to provide undergraduate forestry scholarships. Funding has never been appropriated. [16 U.S.C. 1649a]

Repeals the Hispanic-serving institution agricultural land national resources leadership program, effective October 1, 2012. [Sec. 8004]

Identical to the Senate bill. [Sec. 8004]

Sec. 303 of the Healthy Forest Restoration Act of 2003 (HFRA, P.L. 108-148), as amended, authorizes and establishes the Tribal watershed forestry assistance program between FY2004-FY2008. Funding has never been appropriated. [16. U.S.C. 6542]

Repeals the Tribal watershed forestry assistance program, effective October, 1, 2012. [Sec. 8005]

Identical to the Senate bill. [Sec. 8005]

Sec. 322 of the Department of the Interior and Related Agencies Appropriations Act of 1993 (P.L. 102-381), requires the U.S. Forest Service to provide public notice and comment, and appeals process for land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1612, note]

No comparable provision.

Repeals Sec. 322. [Sec. 8006]

Sec. 428 of the Consolidated Appropriations Act of 2012, requires USDA to implement a pre-decisional objection process for land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. [16 U.S.C. 6515, note]

No comparable provision.

Prohibits Sec. 428 from applying to any project or activity implementing a land and resource management plan that is categorically excluded from an environmental assessment (EA) or environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). [Sec. 8006]

Reauthorization of Forestry-Related Programs

 

Sec. 2A(f)(1) of the CFAA, as amended, authorizes up to $10 million in annual appropriations between FY2008-FY2012 to carry out the state-wide assessment and strategies for forest resources. [16 U.S.C. 2101a(f)(1)]

Reauthorizes funding to carry out the state-wide assessment and strategies for forest resources at $10 million annually through FY2017. [Sec. 8101]

No comparable provision.

Sec. 5(h) of the CFAA, as amended, permanently authorizes such sums as necessary to be appropriated each fiscal year after 1996, to carry out the Forest Stewardship Program (FSP). FSP was created to improve timber production and environmental protection on nonfederal forest lands and received average annual appropriations of approximately $30 million from FY2008-FY2012. [16 U.S.C. 2103a(h)]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes FSP to receive $50 million annually for FY2013-FY2017, subject to appropriations. [Sec. 8102]

No comparable provision.

Sec. 7 of the CFAA, as amended, permanently authorizes such sums as necessary to be appropriated to carry out the Forest Legacy Program (FLP). FLP was created to protect forests that might soon be cleared for non-forest uses and received average annual appropriations of approximately $58 million from FY2008-FY2012. [16 U.S.C. 2103c]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes FLP to receive $200 million annually for FY2013-FY2017, subject to appropriations. Provides flexibility for using other funding sources. [Sec. 8103]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes FLP to receive such sums as necessary for FY2012 and $55 million annually between FY2013 and FY2017, subject to appropriations. [Sec. 8101]

Sec. 7a of the CFAA, as amended, permanently authorizes such sums as necessary to be appropriated to carry out the Community Forest and Open Space Conservation program. The program provides financial assistance to local 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]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes the program to receive $50 million annually for FY2013-FY2017, subject to appropriations. [Sec. 8104]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes the program to receive such sums as necessary for FY2012 and $1.5 million annually for FY2013-FY2017, subject to appropriations. [Sec. 8102]

Sec. 9i of the CFAA, as amended, permanently authorizes such sums as necessary to be appropriated to carry out urban and community forestry assistance. The program was created to expand awareness and use of urban tree cover and received an average annual appropriations of approximately $30 million from FY2008-FY2012. [16 U.S.C. 2105i]

Eliminates permanent authority to receive annual appropriations of such sums as necessary, and instead authorizes the program to receive $50 million annually through for FY2013-FY2017, subject to appropriations. [Sec. 8105]

No comparable provision.

Sec. 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (P.L. 101-624, 1990 farm bill), as amended, authorizes appropriations of $5 million annually through FY2012 to carry out the rural revitalization technologies program. [7 U.S.C. 6601(d)(2)]

Reauthorizes funding to carry out the rural revitalization technologies program at $5 million annually through FY2017, subject to appropriations. [Sec. 8201]

Identical to the Senate bill. [Sec. 8201]

Sec. 2405 of the Global Climate Change Prevention Act of 1990 (within the 1990 farm bill), as amended, authorizes such sums as necessary to be appropriated to administer the Office of International Forestry until FY2012. The office received an average annual appropriations of approximately $7.5 million from FY2008-FY2012. [7 U.S.C. 6704]

Eliminates authority to receive such sums as necessary, and instead reauthorizes the Office of International Forestry at $10 million annually for FY2013-FY2017, subject to appropriations. [Sec. 8202]

Similar to Senate bill, except authorizes $6 million annually for FY2013-FY2017, subject to appropriations. [Sec. 8202]

Sec. 401 of the HFRA, as amended, lists insects and diseases identified by Congress as adversely affecting forest health. [16 U.S.C. 6551(a)]

Adds the mountain pine beetle to the list of insect infestations and diseases identified by Congress. [Sec. 8203(a)]

No comparable provision.

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 $200 million annually through FY2017. New Sec. 405 of the HFRA [Sec. 8203(b)]

No comparable provision.

Sec. 406 of the HFRA, as amended, authorizes such sums as necessary to be appropriated to carry out an insect and disease assessment program though FY2008. [16 U.S.C. 6556]

Reauthorizes funding to carry out the assessment program at such sums as necessary annually through FY2017, subject to appropriations. Amended Sec. 407. [Sec. 8203(c)]

No comparable provision.

Sec. 347 of the Department of the Interior and Related Agencies Appropriations Act of 1999 (P.L. 105-277), as amended, authorizes the Forest Service and Bureau of Land Management to enter into stewardship end-result contracting projects (stewardship contracts) to enter into contracts or agreements for services to achieve land management goals and meet local and rural community needs. Authority expires September 30, 2013. [16 U.S.C. 2104, note]

Repeals current authority and adds similar provisions to create a new Sec. 602 of the HFRA, as amended. Authorizes stewardship contracts, of 5-10 years, to achieve land management goals. Includes performance, monitoring, evaluation, and reporting requirements. [Sec. 8204]

Reauthorizes current authority to September 30, 2017. [Sec. 8204]

Sec. 508 of the HFRA, as amended, authorizes the Healthy Forests Reserve Program (HFRP) to receive $9.75 million of mandatory funding annually through FY2012. [16 U.S.C. 3578] Sec. 502(e)(3) of the HFRA, as amended, authorizes the enrollment of acreage owned by Indian tribes into HFRP through 30-year contracts, 10-year cost-share agreements, or any combination thereof. [16 U.S.C. 6572(e)(3)]

Eliminates mandatory funding authority and replaces with authorization to receive appropriations of $9.75 million annually through FY2017. Adds a definition of "acreage owned by Indian tribes." Enrollment options are unchanged. Provides flexibility for funding technical assistance. [Sec. 8205]

Eliminates mandatory funding authority and replaces with authorization to receive appropriations of $9.75 million annually through FY2017. Provides flexibility for funding technical assistance. Does not include the Senate language related to acreage owned by Indian tribes. [Sec. 8203]

National Forest Critical Area Response

 

 

No comparable provision.

No comparable provision.

Note: The National Forest Critical Area Response subtitle is similar to a stand-alone bill introduced in the House (H.R. 4331). [Sec. 8301-8304]

No comparable provision.

No comparable provision.

Defines critical area, National Forest System, and Secretary. [Sec.8301]

No comparable provision.

No comparable provision.

Requires the designation of critical areas with the National Forest system to address deteriorating forest health and future risks to forest health. Requires USDA to use the most recent annual forest health aerial surveys to determine current forest health, and the National Insect and Disease Risk map to determine future risks to forest health. The first critical area must be designated within 60-days of enactment and critical areas will not expire for 10-years. [Sec. 8302]

No comparable provision.

No comparable provision.

Allows the use of expedited procedures (environmental analysis, administrative review, and judicial review), with some modifications, to be used for critical areas. Exempts critical areas from the notice and comment and appeals requirements for land and resource management plans. Excludes projects less then 10,000 acres from conducting an EA or an EIS under NEPA, or a special adminsitrative review under Sec. 105 of the HFRA, unless the land is in a National Wilderness Preservation System, federal land where vegetation removal is prohibited, wilderness study area, or inconsistent with land and resource management plan. [Sec. 8303]

No comparable provision.

No comparable provision.

Authorizes agreement and contracts with state foresters to provide restoration and protection services on National Forest System land—referred to as Good Neighbor Authority. Agreements and contracts are exempt from certain timber sale requirements. NEPA decisions may not be delegated through agreements or contracts. [Sec. 8304]

Miscellaneous Forestry Provisions

 

 

Sec. 4 of the McIntire-Stennis Cooperative Forestry Act (P.L. 87-788), as amended, establishes funding requirements for college and university forestry-related research. [16 U.S.C. 582a-3]

Waives the matching requirements for 1890 Institutions for allocations below $200,000. [Sec. 8301(a)]

No comparable provision.

Sec. 8 of the McIntire-Stennis Cooperative Forestry Act, as amended, defines 'states' as including Puerto Rico, the Virgin Islands, and Guam. [16 U.S.C. 582a-7]

Adds Federated States of Micronesia, American Samoa, Northern Mariana Islands, and the District of Columbia to the definition of 'state.' [Sec. 8301(b)]

No comparable provision.

Sec. 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (P.L. 95-307), as amended, requires USDA to establish a program to inventory and analyze public and private forests and their resources. [16 U.S.C. 1642(e)]

Requires USDA to revise the strategic plan for forest inventory and analysis and report revisions to congress. [Sec. 8302]

Identical to the Senate bill. [Sec. 8401]

Sec. 1252 of FSA, as amended, authorizes an Agriculture Conservation Experienced Service Program (ACES), such that USDA can enter into agreements with organizations to provide technical assistance (excludes administrative tasks) using qualified individuals 55 years or older. [16 U.S.C. 3851]

No comparable provision.

Authorizes a program similar to the Agricultural Conservation Experienced Services (ACES) program under the conservation title (Title II) to provide technical services for conservation-related program and authorities on National Forest Service lands. [Sec. 8402]


Title IX. Energy

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Definitions

 

 

Advanced Biofuel. Fuel derived from renewable biomass other than corn 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)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

Biobased Product. A commercial or industrial product—i.e., intermediate, feedstock, or end product (other than food or feed)—composed in whole or in part of biological products including renewable agricultural and forestry materials. [7 U.S.C. 8101(4)]

Same as current law. [Sec. 9001]

Similar to current law except for the explicit inclusion of forestry products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. [Sec. 9001]

Biofuel. A fuel derived from renewable biomass. [7 U.S.C. 8101(5)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

Biomass Conversion Facility. A facility that converts renewable biomass into heat, power, biobased products, or advanced biofuels. [7 U.S.C. 8101(6)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

Biorefinery. A facility (including equipment and processes) that converts renewable biomass into biofuels and biobased products, and may produce electricity. [7 U.S.C. 8101(7)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

No comparable provision.

No comparable provision.

Forest Product. a product made from materials derived from the practice of forestry or the management of growing timber including pulp, paper, paperboard, pellets, and wood products, and any recycled products derived from forest materials. [Sec. 9001]

Renewable Biomass. Includes- (A) materials, pre-commercial thinnings, or 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)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

No comparable definition.

Renewable Chemical. A monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass. [Sec. 9001]

No comparable definition.

Renewable Energy. Energy derived from a wind, solar, renewable biomass, ocean (including tidal, wave, current, and thermal), geothermal, or hydroelectric source. [7 U.S.C. 8101(13)]

Same as current law. [Sec. 9001]

Same as current law. [Sec. 9001]

No comparable definition.

No comparable definition.

Renewable Energy System. a system that produces energy from a renewable source including distribution components necessary to move energy produced by such a system to the initial point of sale, but not any mechanism for dispensing energy at retail (e.g., a blender pump). [Sec. 9001]

Authorized Programs

Biobased Markets Program. Extended by the 2008 farm bill. Requires federal agencies to purchase products with maximum biobased content subject to availability and flexibility and performance standards. Minimum biobased content standards applied to federal contracts on case-by-case basis. Continued voluntary labeling. Authorized mandatory funding of $1 million for FY2008 and $2 million annually for FY2009-FY2012. Authorized to be appropriated $2 million annually for FY2009-FY2012 for testing and labeling. [7 U.S.C. 8102]

Extends the Biobased Markets Program through FY2017 including, in addition to preference for biobased products, establish a targeted biobased-only procurement requirement for federal agencies. Limits reporting on the availability, relative price, performance, and environmental and public health benefits of biobased materials subject to the availability of data. Adds reporting requirements by procuring federal agencies and a focus on innovative production and marketing processes. Mandates (within 1 year of enactment) designation of intermediate ingredients or feedstocks and assembled and finished biobased products according to guidelines. Adds auditing and compliance activities to ensure proper use of biobased labeling. Adds an outreach, education, and promotion component (with annual reports) to increase awareness of biobased products. Mandates study (and report) by USDA to assess economic impact of biobased product industry, due 180 days after enactment. Encourages expedited coordination, review and approval (with appropriate technical assistance) of forest-related biobased products. Authorizes mandatory funding of $3 million annually for FY2013-FY2017. Authorizes to be appropriated $2 million annually for FY2013-FY2017. [Sec. 9002]

Extends current law through FY2017. Authorizes to be appropriated $2 million annually for FY2013-FY2017. No mandatory funding is authorized. [Sec. 9002]

Biorefinery Assistance Program. Established by the 2008 farm bill. Assists in development of new and emerging technologies for advanced biofuels by providing competitive grants (up to 30% of total project costs) and loan guarantees (limited to $250 million or 80% of project cost) for construction and/or retrofitting of demonstration-scale biorefineries to demonstrate the commercial viability of one or more processes for converting renewable biomass 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]

Renamed as the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program. Extends and expands the program to include renewable chemical (as defined above in Sec. 9001) and biobased product manufacturing (defined as development, construction, and retrofitting of technologically new commercial-scale processing and manufacturing equipment and required facilities used to convert renewable chemicals and other biobased outputs into commercial-scale end products). Extends grants and loan guarantee availability to the development and construction of renewable chemical and biobased product manufacturing facilities. Authorized mandatory funding of $100 million for FY2013 and $58 million each for FY2014-FY2015, but not more than $25 million of FY2013-FY2015 may be used to promote biobased product manufacturing. Authorized to be appropriated $150 million annually for FY2013-FY2017. [Sec. 9003]

Extends current law through FY2017 except that the program is limited to loan guarantees (grants are eliminated), demonstration-scale biorefineries are no longer eligible for loan guarantees. Authorizes to be appropriated $75 million annually for FY2013-FY2017. No mandatory funding is authorized. [Sec. 9003]

Repowering Assistance Program. Established by the 2008 farm bill. Provides funds to reduce or eliminate the use of fossil fuels for processing or power in biorefineries in existence at enactment. Not more than 5% of funds are available to eligible producers with a refining capacity exceeding 150 million gallons of advanced biofuel per year. Provided mandatory CCC funding of $35 million for FY2009, available until expended. Authorized to be appropriated $15 million annually for FY2009-12. [7 U.S.C. 8104]

Repeals the Repowering Assistance Program and transfers the remaining funds (of approximately $25 million to remain available until expended) to the Rural Energy for America Program (REAP). [Sec. 9004]

Identical to the Senate bill. [Sec. 9004]

Bioenergy Program for Advanced Biofuels. Established by the 2008 farm bill. Provides payments to producers to support and expand production of 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 annually (FY2009-12) [7 U.S.C. 8105]

Extends the Bioenergy Program for Advanced Biofuels Program through FY2017. Authorizes to be appropriated $20 million annually for FY2013-FY2017. No mandatory funding is authorized. [Sec. 9005]

Nearly identical to the Senate bill, except the House authorizes to be appropriated $50 million annually for FY2013-FY2017. [Sec. 9005]

Biodiesel Fuel Education Program. Extended by the 2008 farm bill. Awards competitive grants to nonprofit organizations that educate fleet operators and the public on biodiesel benefits. Provided mandatory CCC funding of $1 million annually (FY2008-FY2012). [7 U.S.C. 8106]

Extends the the Biodiesel Fuel Education Program through FY2017. Authorizes mandatory funding of $1 million annually for FY2013-FY2017. Authorizes to be appropriated $1 million annually for FY2013-FY2017. [Sec. 9006]

Extends the Biodiesel Fuel Education Program through FY2017. Authorizes to be appropriated $2 million annually for FY2013-FY2017. No mandatory funding is authorized. [Sec. 9006]

Rural Energy for America Program (REAP). Established by the 2008 farm bill. Provides financial assistance of grants, guaranteed loans, and combined grants and guaranteed loans for the development and construction of renewable energy systems (RES) and for energy efficiency improvement (EEI) projects (eligible entities include rural small businesses and agricultural producers); grants for conducting energy audits and for conducting renewable energy development assistance (eligible entities include state, tribe, or local governments, land-grant colleges and universities, rural electric cooperatives, and public power entities); and grants for conducting RES feasibility studies (eligible entities include rural 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 annually, subject to appropriations (FY2009-FY2012). [7 U.S.C. 8107]

Extends REAP through FY2017. Grants are limited to the lesser of $500,000 or 25% of the cost of the RES or EEI activity. Repeals the use of REAP funds for feasibility studies. Adds a 3-tiered application process with separate application processes for grants and loan guarantees for RES and EEI projects based on the project cost: tier-1 for projects < $80,000; tier-2 for $80,000 < projects < $200,000; and tier-3 for projects > $200,000. Authorizes mandatory funding of $48.2 million annually for FY2013-FY2017. Authorizes to be appropriated $20 million annually for FY2013-FY2017. [Sec. 9007]

Nearly identical to the Senate bill except that the grant ceiling of $500,000 is not imposed in the House, and no mandatory funding is authorized—instead, authorizes to be appropriated $45 million annually for FY2013-FY2017. [Sec. 9007]

Biomass Research & Development Initiative (BRDI). Created originally under the Biomass Research & Development Act of 2000 [P.L. 106-224], and extended by the 2008 farm bill. Provides competitive funding as grants, contracts, 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 annually (FY2009-FY2012). [7 U.S.C. 8108]

Extends BRDI through FY2017. Authorizes mandatory funding of $26 million annually for FY2013-FY2017. Authorizes to be appropriated $30 million annually for FY2013-FY2017. [Sec. 9008]

Extends BRDI through FY2017. No mandatory funding is authorized. Authorizes to be appropriated $20 million annually for FY2013-FY2017. [Sec. 9008]

Rural Energy Self-Sufficiency Initiative. Established by amended section 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]

No provision. Hence, program funding authority would expire after FY2012.

No provision. Hence, program funding authority would expire after FY2012..

Feedstock Flexibility Program. Established by the 2008 farm bill. Authorizes 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]

Extends the Feed Stock Flexibility Program through FY2017. [Sec. 9009]

Identical to the Senate bill.

Biomass Crop Assistance Program (BCAP). Established by the 2008 farm bill. Provides financial assistance to owners and operators of agricultural land and non-industrial private forest land who wish to establish, produce, and deliver biomass feedstocks under two categories of assistance: (A) establishment and annual payments are provided under contract between USDA and participating producers including a one-time payment of up to 75% of cost of establishment for perennial crops, and annual payments (i.e., rental rates based on a set of criteria) of up to 5 years for non-woody and 15 years for woody perennial biomass crops, and (B) matching payments at a rate of $1 for each $1 per ton provided up to $45 per ton for a period of 2 years to help eligible material owners with collection, harvest, storage, and transportation (CHST) of eligible material for use in a 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]

Extends BCAP through FY2017. Excludes algae as an eligible crop; changed enrolled land eligibility; includes crop residue from crops receiving Title I payments as eligible material, but extends exclusion to any whole grain from a Title I crop, as well as bagasse. One-time establishment payments are limited to no more than 50% of cost of establishment, not to exceed $500 per acre ($750 per acre for socially disadvantaged farmers or ranchers). CHST matching payments may not exceed $20 per dry ton but are available for a period of 4 years. Not later than 4 years after enactment, USDA shall submit a report on best practice data and information gathered from participants. Authorizes mandatory funding of $38.6 million annually for FY2013-FY2017. Not less than 10%, nor more than 50% ,of funding may be used for CHST. [Sec. 9010]

Extends BCAP through FY2017. Removes criteria defining eligible materials and exclusions to eligible materials. Removes all support for CHST. No mandatory funding is authorized. Authorizes to be appropriated $75 million annually for FY2013-FY2017. [Sec. 9010]

Forest Biomass for Energy Program. Established by the 2008 farm bill. 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 annually (FY2009-FY2012). [7 U.S.C. 8112]

Repeals the Forest Biomass for Energy Program. [Sec. 9011]

No comparable provision.

Community Wood Energy Program. Established by the 2008 farm bill. Provides grants of up to $50,000 for up to 50% of the cost for communities to plan and install wood energy systems in public buildings. The energy system acquired with grant funds shall 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 annually (FY2009-FY12). [7 U.S.C. 8113]

Extends the Community Wood Energy Program through FY2017. Authorizes grants of up to $50,000 to be made to establish or expand biomass consumer cooperatives that will provide consumers with services or discounts relating to the purchase of biomass heating systems or products (including their delivery and storage). Any biomass consumer cooperative that receives a grant must match at least the equivalent of 50% of the funds toward the establishment of expansion of a biomass consumer cooperative. Authorizes to be appropriated $5 million annually for FY2013-FY2017. [Sec. 9012]

Extends the Community Wood Energy Program through FY2017. Authorizes to be appropriated $2 million annually for FY2013-FY2017. [Sec. 9011]

Biofuels Infrastructure Study. The 2008 farm bill required USDA to conduct a study (and report) to assess the infrastructure needs for expanding the domestic production, transport, and distribution of biofuels given current and likely future market trends with recommendations for such infrastructure through 2025 based on needs, costs, and other factors. No specific time frame or funding was provided. [Sec. 9002 of P.L. 110-246]

No comparable provision.

Repeals the requirement to conduct the study (and report). [Sec. 9012]

Renewable Fertilizer Study. The 2008 farm bill required USDA to conduct a study to assess the current state of knowledge on the potential for the production of fertilizer from renewable energy sources in rural areas. Study was to be completed within one year of receiving an appropriation. Authorized to be appropriated $1 million for FY2009. [Sec. 9003 of P.L. 110-246]

Requirement to conduct the study is repealed. [Sec. 9013]

Identical to the Senate bill. [Sec. 9013]

 

 

 


Title X. Horticulture

(unless otherwise specified)

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Marketing and Promotion, and Trade

 

 

Block Grants to States. The Specialty Crops Competitiveness Act of 2004 (P.L. 108-465), as amended by the 2008 farm bill, authorized block grants to states to support projects in marketing, research, pest management, and food safety, among other purposes. Current mandatory CCC funding is $55 million annually (FY2010-FY2012). [7 U.S.C. 1621 note]

Reauthorizes program through FY2017. Increases mandatory funding to $70 million annually (FY2013 through FY2017), which would also raise the minimum grant amount received by each state/territory. Of the funds provided, allows for multistate project grants involving food safety, plant pests and disease, crop-specific projects addressing common issues, and any other area as determined by USDA, with increased funding starting at $1 million (FY2013) to $5 million (FY2017). Allows for multistate projects for research. Establishes limits on use of funding for program administration. [Sec. 10008] Changes effective October 1, 2012. [Sec. 10011]

Nearly identical to the Senate bill. Changes effective October 1, 2012. [Sec. 10007]

Farmers' Market Promotion Program (FMPP). The Farmer-to-Consumer Direct Marketing Act (P.L. 94-463), as amended, originally authorized the FMPP to promote farmers' markets, roadside stands, community-supported agriculture programs, agri-tourism activities, and other direct producer-to-consumer market opportunities. Authorized annual appropriations for grants to local governments and nonprofit organizations. Current mandatory CCC funding is $10 million annually (FY2011-FY2012). [7 U.S.C. 3005]

Reauthorizes the current program, but changes the scope and name of the program to the "Farmers Market and Local Food Promotion Program." Expands the program to include local and regional food enterprises that process, distribute, aggregate, store, and market locally or regionally produced food products, designating 50% of available funds for this purpose. Increases mandatory funding to $20 million annually (FY2013 through FY2017), and separately authorizes $20 million. each year (FY2013-FY2017), subject to appropriations. Establishes that no more than 10% of funds can be used for program administration. [Sec. 10003] Changes effective October 1, 2012. [Sec. 10011]

Note: Another related provision is in Title IV (Nutrition, the Seniors Farmers' Market Nutrition Program). [Sec. 4202]

Similar to the Senate bill, except that the House bill limits the annual appropriations authority to $10 million annually, and caps administrative expenses at 5% of funding. Also requires USDA, when awarding grants, to give priority to proposals for projects that benefit underserved communities, mid-sized farm and ranch operations, and local and regional food systems. Changes effective October 1, 2012. [Sec. 10003]

Note: Another related provision is in Title IV (Nutrition, the Farmers' Market Nutrition Program). [Sec. 4201]

Transporting Specialty Crops. Section 10403 of the 2008 farm bill authorized grants to various public and private entities to improve transporting specialty crops to markets. Authorized appropriations of such sums as necessary.

Repeals authorization under section 10403 of the 2008 farm bill. [Sec. 10002] Changes effective October 1, 2012. [Sec. 10011]

Identical to the Senate bill. Changes effective October 1, 2012. [Sec. 10002]

The Export Apple Act provides for the inspection and certification of U.S. apples before entering foreign commerce. [7 U.S.C. 584]

No comparable provision.

Exempts apples shipped to Canada in bulk bins (i.e., bins with apples weighing more than 100 lbs.) from provisions of the Export Apple Act. Requires USDA to issue regulations to carry out this provision within 90 days of enactment. [Sec. 10010]

Import Controls. The Agricultural Adjustment Act prohibits the importation of certain agricultural commodities unless those imports meet the grade, size, quality, and maturity provisions that govern the marketing of domestic production under federal marketing orders. [7 U.S.C. 608-e1(a)]

No comparable provision.

Adds olive oil to the list of commodities. [Sec. 10011]

No comparable provision.

No comparable provision.

Specialty Crop Report to Congress. Requires USDA to submit a report on specialty crop production by small-holder women, minority and socially disadvantaged producers, which includes an assessment of the number of such producers and the economic and social challenges they face, among other issues. Report is to be completed one year after enactment and submitted to the House Agriculture Committee, with updates on the progress of the report given to the Committee every 90 days. [Sec. 10008]

Trade Promotion. See also Title III (Trade) for reauthorization of Technical Assistance for Specialty Crops (TASC) [7 U.S.C. 5680] and the Market Access Program (MAP) [7 U.S.C. 5623]

See Title III, Trade. [Sec. 3205] and [Sec. 3102]

See Title III, Trade. [Sec. 3205] and [Sec. 3102]

Organic Certification

 

 

National Organic Program (NOP). The Organic Foods Production Act (OFPA) of 1990 (P.L. 101-624, Title XXI; part of the 1990 farm bill), as amended by the 2008 farm bill, authorized the NOP to develop and enforce national standards for organically-produced agricultural products. Authorized appropriations were $11 million in FY2012, plus additional sums as necessary. [7 U.S.C. 6522]

Reauthorizes NOP with appropriations of $15 million annually (FY2013-FY2017). Provides mandatory funding of $5 million in FY2013 (available until expended) to modernize the NOP's database and technology systems. Requires USDA to submit a report to the agriculture committees, within 180 days after enactment, describing, among other things, the feasibility of establishing an organic research and promotion program. [Sec. 10005] Changes effective October 1, 2012. [Sec. 10011]

Reauthorizes NOP with appropriations authority established at the current level of $11 million annually (FY2013-FY2017). Provides mandatory funding of $5 million in FY2013 (available until expended) to modernize the NOP database and technology systems. No comparable provision for the USDA study that is required in the Senate bill. Changes effective October 1, 2012. [Sec. 10004]

Enforcement. OFPA provides for enforcement and penalties for violations of the program's labeling requirements for certified organic products. [7 U.S.C. 6519]

Amends OFPA's recordkeeping, investigations, and enforcement provisions. [Sec. 10009] Changes effective October 1, 2012. [Sec. 10011]

Amends OFPA's investigations and enforcement provisions. Changes effective October 1, 2012. [Sec. 10005]

Financial Assistance. Section 524(b) of the Federal Crop Insurance Act, as amended, authorizes the Agricultural Management Assistance (AMA) program. AMA provides financial and technical to producers in 16 specified states for conservation practices, risk mitigation, and market diversification. Provides $15 million in annual mandatory funding in FY2008 through FY2014, and $10 million each fiscal year thereafter. Requires 50% to NRCS, 40% to RMA, and 10% to AMS. [7 U.S.C. 1524(b)]

Section 10606 of the 2002 farm bill established the National Organic Certification Cost Share Program (NOCCSP). to help producers and handlers of organic products obtain certification. Provided $22 million in mandatory funding in FY2008 (available until expended). [7 U.S.C. 6523]

Authorizes $23 million in mandatory CCC funding annually (FY2013-FY2017) and combines the two programs to include (1) organic certification cost share assistance (50% of funds); (2) activities to support risk management education and outreach under the Federal Crop Insurance Act (26% of funds); and (3) agricultural management assistance grants to producers in states with low federal crop insurance participation, for various conservation purposes (24% of funds). See Title XI, Crop Insurance. [Sec. 11027] Per-person payments are limited to $50,000 in any one year.

For NOCCSP, based on the stated formula, total funding over the 5-year period (FY2013-FY2017) would be about $57.5 million.

Repeals NOCCSP effective October 1, 2012. [Sec. 10004(d)]

Data and Information Collection

 

 

Market News. Section 10107 of the 2008 farm bill authorized support for the collection and dissemination of market news for specialty crops. Authorized appropriations $9 million annually (FY2008-FY2012) to remain available until expended. [7 U.S.C. 1622b(b)]

Reauthorizes program at $9 million in annual appropriations through FY2017. [Sec. 10001] Changes effective October 1, 2012. [Sec. 10011]

Identical to the Senate bill. Changes effective October 1, 2012. [Sec. 10001]

Organic Production and Market Data Initiatives (ODI). Section 7407 of the 2002 farm bill, as amended by the 2008 farm bill, required USDA to keep segregated data on organic production and marketing. Provided $5 million in mandatory CCC funding, plus authorized appropriations of $5 million annually (FY2008-FY2012), both available until expended. Specified that $3.5 million of available mandatory funds be allocated to AMS. [7 U.S.C. 5925c]

Reauthorizes $5 million in mandatory funding (available until expended) and extends annual appropriations authority of $5 million through FY2017 (available until expended). [Sec. 10005] Changes effective October 1, 2012. [Sec. 10011]

Nearly identical to the Senate bill. [Sec. 10004]

No comparable provision.

Requires USDA to collect data on the production and marketing of locally 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]

No comparable provision.

Food Safety and Quality Standards

 

 

Produce Safety Education. Section 10105 of the 2008 farm bill amended the Agricultural Research, Extension, and Education Reform Act of 1998 (P.L. 105-185) to implement a 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)]

Reauthorizes appropriations of $1 million annually to remain available until expended (FY2013- FY2017). [Sec. 10006] Changes effective October 1, 2012. [Sec. 10011]

Identical to the Senate bill. Changes effective October 1, 2012. [Sec. 10006]

No comparable provision.

Within 180 days after enactment, requires USDA to submit to the Food and Drug Administration 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]

Identical to the Senate bill. [Sec. 10009]

Plant Pest and Disease Management

 

 

Pest and Disease Control. Sections 10201 and 10202 of the 2008 farm bill amended the Plant Protection Act (PPA) to authorize an early plant pest detection and surveillance system and threat identification/mitigation, among other activities, and a National Clean Plant Network where the specialty crop industry can obtain pest- and disease-free planting stock. Provided mandatory CCC funds reaching $50 million in FY2012 (with provisions for annual funding of $50 million annually thereafter), plus another $5 million in FY2008 (available until expended). [7 U.S.C. 7721]

Repeals program under Section 10202 of the 2008 farm bill and authorizes a consolidated plant pest and disease management and disaster prevention program, named the "National Clean Plant Network". Consolidates and increases available mandatory funding levels: $60 million annually (FY2013-FY2016) and $65 million for FY2017 and each fiscal year thereafter. [Sec. 10007] Changes effective October 1, 2012. [Sec. 10011]

Similar to the Senate bill, except that the House bill provides mandatory funding of $71.5 million in FY2013 and each fiscal year thereafter. Changes effective October 1, 2012. [Sec. 10013]

See also Title VII (Research) for reauthorization of the Office of Pest Management Policy and other pest management policies [7 U.S.C. 7653]

See Title VII, Research. [Sec. 7307] and [Sec. 7308]

See Title VII, Research. [Sec. 7309]

Exemptions from Certain Regulatory Requirements

Plant Biotechnology. PPA governs USDA's Animal and Plant Health Inspection Service's (APHIS) regulation of the introduction and movement of all plant pests, noxious weeds, and plant products capable of harboring plant pests involved in interstate or foreign commerce. It governs all "regulated articles," meaning any material or tangible object that could harbor plant pests or noxious weeds. The statute also regulates the introduction into the environment and transportation of any bioengineered plant organism. [7 U.S.C. 7701, et seq.]

No comparable provision.

Three provisions:

(1) Amends PPA to permit any person to petition USDA for a determination that an organism subject to regulation as a plant pest is not a plant pest for purposes of the PPA. USDA would be required to conduct a "plant pest risk assessment" to determine the likelihood that such an organism is a plant pests. USDA would also conduct an "environmental analysis" that would be the sole analysis regarding the effects on the environment of an organism that is the subject of a petition. On the basis of these analyses, USDA would issue a determination within one year that an organism is or is not a plant pest. Should USDA fail to meet the time period for the determination, the plant organism shall be deemed not to be a plant pest under the PPA. Pertains to organisms containing a plant-incorporated protectant as defined by 40 CFR. 174.3 and regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136a et seq.). [Sec. 10012]

(2) Grants USDA exclusive regulatory authority under the Plant Protection Act to regulate any living state of a plant, including any nucleic acid or other genetic material, with the exception of a pesticidal substance contained in a plant or a plant-incorporated protectant as defined under 40 CFR 174.3 and regulated under FIFRA. [Sec. 10014]

(3) Requires USDA to submit a report to Congress on regulation of biotechnology. [Sec. 10015]

Pesticide Registration. Authorization to collect fees under the Pesticide Registration Improvement Renewal Act (PRIA 2, (P.L. 110-94), expires on a phase-out schedule at the end of FY2012 (certain fees can be collected at a reduced rate (by 40% then 70%) in FY2013 and FY2014. PRIA 2 reauthorized and revised fee collection provisions initially established under the Pesticide Registration Improvement Act or "PRIA 1" (included in the Consolidated Appropriations Act, 2004, P.L. 108-199). Amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.136-136y ] and Federal Food, Drug, and Cosmetic Act (FFDCA) [21 U.S.C. §346a)]. Modified the framework for collecting fees to enhance and accelerate the agency's pesticide licensing (registration) activities; included reauthorization of maintenance fees [7 U.S.C. 136a-1(i)] primarily to support activities related to existing registrations, and established registration service fees [7 U.S.C. §136w-8(m)] to be submitted with applications for new registrations.

NOTE: Subsequent to the approval of H.R. 6083 by the House Agriculture Committee, Congress adopted with some modification almost all of the pesticide registration provisions in H.R. 6083 within the context of the Pesticide Registration Improvement Extension Act of 2012 (P.L. 112-177), enacted September 28, 2012, which amends FIFRA and FFDCA by reauthorizing and revising, through FY2017, the collection and use of fees to enhance and accelerate EPA's pesticide licensing (registration) activities.

No comparable provision.

Reauthorizes (FY2013 through 2017) and modifies fee collection provisions under "PRIA 2 (2007)."

Reauthorizes and increases annual aggregate limits for maintenance fees from $22.0 million to $27.8 million for FY2013-FY2017. Raises the annual maximum fee for registrants with not more than 50 registrations from $71,000 to $115,500, and those with over 50 from $123,000 to $184,800; for small business (as defined) with not more than 50 registrations from $50,000 to $70,600, and those with more than 50 from $86,000 to $122,100. Extends current prohibition of collection of any other fees during FY2013- FY2017 for the registration of pesticides. New provision for small business waiver of maintenance fees of 25% applicable to the first registration if certain defined conditions are met. Extends authorization to use maintenance fees for review of inert ingredients, and expedited review of registrations for end-use identical or similar to existing registered pesticide.

Modifies definitions under the Reregistration and Expedited Processing Fund with regard to use of the funds to "offset" the costs of reregistration; removes requirement that offset is the same portion as appropriated funds. New provision authorizes use of funds (not more than $800,000) to improve technology systems and enhance tracking of registration decisions.

Extends prohibition of the collection of tolerance fees under FFDCA through FY2017.

Reauthorizes Pesticide Registration Service fees FY2013 through FY2017 (and on reduced schedule FY2018-FY2019). Effective for registration applications received FY2013 through FY2015; 5% increase in the fee as of FY2015. Applicable schedule of fees and decision times for completing reviews to be modified as recorded in the future in the Congressional Record.

Extends requirement for EPA annual reports (FY2014 through FY2017); modifies and adds certain reporting requirements. [Sec. 10016]

Biological Opinions. Under the Endangered Species Act (ESA), federal agencies (such as EPA) are required to avoid jeopardy to listed species and adverse modification of designated critical habitat in their actions. They consult with the Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS), which issue Biological Opinions (BiOps) on jeopardy. If a BiOp finds a pesticide, or a specific use of it, would jeopardize a listed species, EPA would violate ESA if it allowed that pesticide or specific use. EPA restricts specific uses through labeling requirements. [16 U.S.C. 1536]

No comparable provision.

Creates an exception for amending pesticide registrations from ESA requirements for consultation, when a BiOp was issued before a certain date. The exception would require BiOps to comply with recommendations by a study to be conducted by the National Academy of Sciences. Explicitly applies to BiOps completed prior to the date of completion of the study yet allows amendment of the pesticide registration only if that BiOp complies with the recommendations of the forthcoming study. Appears to apply only to BiOps completed before January 1, 2014 at the latest, and gives no guidance for BiOps completed after that date. [Sec. 10017]

Discharge Permits. In October 2011, EPA issued a Pesticide General Permit (PGP) requiring a Clean Water Act (CWA) discharge permit for certain pesticide applications in or near waters of the United States. EPA and states are implementing this permit requirement. Pertains to section 402 of CWA [33 U.S.C. 1342]

No comparable provision.

Amends FIFRA and the CWA to provide that neither EPA nor a state may require a CWA permit for discharge of a pesticide whose use has been authorized pursuant to FIFRA. Defines specified circumstances where a permit would be required (e.g., municipal or industrial treatment works effluent that contains pesticide or pesticide residue). Changes effective October 1, 2012. [Sec. 10018]

NOTE: Provision is same as a separate House-passed bill (H.R. 872), except that H.R. 872 would be effective upon its enactment.

Vector Organisms. FIFRA defines a vector organism as any organism capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including mosquitoes, flies, fleas, cockroaches, or other insects and ticks, mites, or rats. [7 U.S.C. 136(oo)]

No comparable provision.

Adds bed bugs to the definition of a vector organism. [Sec. 10019]

Research (Title VII) – Related Issues

 

 

See also Title VII (Research) for reauthorization of the Specialty Crop Research 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]

See Title VII, Research. [Sec. 7305], [Sec. 7208], [Sec. 7302] and [Sec. 7102]

See Title VII, Research. [Sec. 7306], [Sec. 7211], [Sec. 7302] and [Sec. 7103]

Nutrition (Title IV) – Related Issues

 

 

See also Title IV (Nutrition) for reauthorization of Section 32 funding to purchase 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]

See Title IV. Nutrition. [Sec. 4201] and [Sec. 4205]

See Title IV. Nutrition. [Sec. 4203] and [Sec. 4204]


Title XI. Crop Insurance

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

New or Revised Insurance Products

 

 

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. In general, policies offer a guarantee at the individual farm level or area-wide (e.g., county) level. The producer selects coverage level and absorbs the initial loss through the deductible. The insurance guarantee is based on the expected market price (i.e., no statutory minimum prices as in some farm programs).

Retains current program and makes available to crop producers an additional policy called Supplemental Coverage Option (SCO) to cover part of the deductible under the producer's underlying policy. SCO is an area-wide (e.g., county) yield or revenue loss policy, whereby an indemnity is paid on area losses greater than 10% of normal level and not more than the deductible level (e.g., 25%) selected by the producer in the underlying individual policy. If the farmer participates in ARC under Title I, the10% loss trigger is reduced to 21%. SCO policies are to be made available for all crops if sufficient data are available. Premium subsidized at 70%. Coverage to begin no later than the 2013 crop year. [Sec. 11001]

SCO provision is similar to the Senate bill except that acres covered by Revenue Loss Coverage (RLC) or STAX are not eligible for SCO. [Sec. 11003]

Crop insurance policies are available for more than 100 crops, including farm 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 policies are available for some but not all program crops. Policies are sold and serviced through private insurance companies. The insurance companies' losses are reinsured by USDA, and their administrative and operating costs are reimbursed by the federal government. Crop insurance is administered by the U.S. Department of Agriculture's (USDA's) Risk Management Agency (RMA), which operates and manages the Federal Crop Insurance Corporation (FCIC) [7 U.S.C. 1501 et seq.]

Beginning with the 2013 crop, the FCIC shall make available to producers of upland cotton the Stacked Income Protection Plan (STAX), which is a revenue-based, area-wide policy that may be purchased as a stand-alone policy or purchased in addition to any other individual or area policy. Indemnifies losses in county revenue of greater than 10% of expected revenue but not more than the deductible level (e.g., 25%) in the underlying individual policy (or not more than 30% if used as stand-alone policy). Premium subsidy is 80%. For individual producers, indemnities for STAX and other policies cannot overlap. Includes a provision that allows use of only recent yields in guarantee. [Sec. 11011]

STAX provision is same as in Senate bill except a minimum price of $0.6861 per pound is used in the calculation of the insurance guarantee if it is higher than the expected market price. FCIC reinsures 100% of the liability associated with this provision. [Sec. 11016]

 

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]

By crop year 2013, FCIC is required to make available a revenue policy for peanut producers [Sec. 11010 and Sec. 11017] as in Senate bill and a downed rice policy and margin coverage policy for rice producers. [Sec. 11010]

Requires FCIC to improve coverage for organic crops. [U.S.C. 1522(c)(10)]

Requires FCIC to offer by 2015 price elections for all organic crops that reflect prices of organic (not conventional) crops. FCIC must submit an annual report to Congress on crop insurance for organic crops. [Sec. 11021]

Extends 2008 farm bill provision to improve organic crop insurance. [Sec. 11021]

FCIC shall not conduct any pilot program that provides insurance protection against a risk if a policy is generally available from private companies. [7 U.S.C. 1523(a)]

FCIC may conduct a pilot program to provide financial assistance for producers of underserved crops and livestock (including specialty crops) to purchase an index-based 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. 11024]

No comparable provision.

Policy Fees and Premiums

 

 

Catastrophic yield policies (CAT) are available for yield losses greater than 50%. Premium is fully subsidized, and producer pays an administrative fee of $300 per crop per county. [7 U.S.C. 1508(d)(2)]

To reduce government costs, the CAT premium (fully paid by government) shall be reduced by the percentage equal to the difference between the average loss ratio (premiums divided by indemnities times 100) for the crop and 100%, plus a reasonable reserve. [Sec. 11002]

Identical to the Senate bill. [Sec. 11004]

Administrative fee on CAT policy is waived for limited resources farmers. [7 U.S.C. 1508(b)(5)(E)]

Fee is also waived for beginning farmers or ranchers. [Sec. 11026]

Identical to the Senate bill. [Sec. 11015]

Premium subsidies for buy-up coverage (above CAT) depends on level of coverage. [7 U.S.C. 1508(e)]

Beginning farmers or ranchers shall receive premium assistance that is 10 percentage points greater than provided to others. Other provisions are also designed to assist beginning farmers and ranchers. [Sec. 11026]

Identical to the Senate bill. [Sec. 11015]

FCIC may provide a performance-based premium discount for a producer of an agricultural commodity who has good insurance or production experience relative to other producers in the same area. [7 U.S.C. 1508(d)]

No change from current law.

Repeals provision. [Sec. 11005]

No comparable provision.

Establishes adjusted gross income (AGI) limit on crop insurance subsidies. Beginning with the 2014 reinsurance year (2014 crop year), crop insurance premium subsidies are reduced by 15 percentage points for producers with average AGI greater than $750,000. Reduction in effect only after USDA determines that the change does not (1) significantly increase premiums for producers at lower income levels, (2) reduce crop insurance coverage availability, or (3) increase total cost of the crop insurance program. [Sec. 11032]

No comparable provision.

Enterprise Units and Coverage

 

 

Crops are insured based on geographic units defined in the insurance policy. The basic unit covers land in one county with the same tenant/landlord. An optional 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 tenant/landlord structure. A whole farm unit covers more than one crop. For a policy with an enterprise or whole farm unit paragraph, on a pilot basis, the percentage of the premium paid by the government shall provide the same dollar amount of premium subsidy per acre as for other units, up to 80%. [7 U.S.C. 1508(e)(5)]

The subsidy for enterprise and whole farm units is made permanent (previously a pilot basis). [Sec. 11003]

Beginning with the 2013 crop year, separate enterprise units will be available for irrigated and nonirrigated acreages of crops. [Sec. 11004]

Identical to the Senate bill. [Sec. 11006]

Identical to the Senate bill. [Sec. 11007] Also, beginning with the 2014 crop year, a producer who grows a crop on both dry land and irrigated land may elect a different coverage level for each production practice. [Sec. 11014]

Data Collection for Yield Guarantees; Yield Adjustments

 

FCIC bases policy guarantees on a producer's actual production history (APH) for the crop, or on county yields for area-wide policies. The APH is based on producer yields for the prior 4 to 10 years. [7 U.S.C. 1508(g)(2)]

Specifically directs FCIC to use county data collected by USDA's Risk Management Agency and/or National Agricultural Statistics Service. If such data are not available, it may use other data considered appropriate by the Secretary of Agriculture. [Sec. 11005]

Identical to the Senate bill. [Sec. 11008]

If, for one or more of the crop years used to establish the producer's actual production history of an agricultural commodity, the producer's recorded or 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)]

Beginning with the 2013 crop year, the yield plug is increased to 70% of the applicable transitional yield. [Sec. 11006]

For all crop years, the yield plug is increased to 70% of the applicable transitional yield. [Sec. 11009]

 

 

 

Policy Research Development, Review, and Approval

 

Under sections 522 and 523 of the Federal Crop Insurance Act, FCIC may enter into contracts to carry out research and development for new crop insurance policies (but may not conduct research itself). FCIC shall establish as one of the highest research priorities the development of a pasture, range, and forage program. It shall provide a payment to an applicant for research and development costs. FCIC may approve up to 50% of the projected total research and development costs to be paid in advance to an applicant. [7 U.S.C. 1522(c)]

Allows FCIC to conduct research and development activities to maintain or improve existing policies or develop new policies. Highest research priorities become policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, sorghum for biomass, specialty crops, sugarcane, and dedicated energy crops [Sec. 11022]

FCIC shall review any policy developed under section 522(c)or any pilot program developed under section 523 and submit the policy or program to the Board if it finds that the policy or program will likely result in a viable and marketable policy and would provide coverage in a significantly improved form. [Sec. 11007]

Same as current law (i.e.., does not provide authority for FCIC to conduct research itself) but revises high priority research topics as specified in Senate bill. [Sec. 11020]

Identical to the Senate bill. [Sec. 11010]

 

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]

No comparable provision.

 

FCIC is required to contract for studies on the feasibility of insuring (1) specialty crop producers for food safety and contamination-related losses [Sec. 11017], (2) swine producers for a catastrophic disease event [Sec. 11018], (3) 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. 11019], and (4) commercial poultry production against business disruptions caused by integrator bankruptcy and poultry producers for a catastrophic event [Sec. 11020].

Similar to the Senate bill plus studies for policies on biomass sorghum and sweet sorghum energy crops and poultry catastrophic disease outbreaks. [Sec. 11020 and Sec. 11021]

Adjusted Gross Revenue (AGR) and AGR-Lite policies insure revenue of the entire farm rather than an individual crop. Both use a producer's five-year historical farm average revenue as reported on the Internal Revenue Service (IRS) tax return form (Schedule F or equivalent forms). Coverage levels range from 65% to 80% of historical revenue. [7 U.S.C. 1523]

FCIC is to conduct activities or enter into contracts to develop a whole farm risk management insurance plan (with liability up to $1.5 million) that pays an indemnity if gross farm revenue is below 85% (compared with 80% currently). Coverage may include value of packing, packaging or other on-farm activities. FCIC may provide diversification-based discounts for producers with diversified operations. [Sec. 11016]

Identical to the Senate bill, except maximum liability is $1.0 million. [Sec. 11021]

A private sector entity can propose an insurance plan to be added to the FCIC portfolio of products. A process must be established to review and approve products. [7 U.S.C. 1508(h)]

For private sector submissions, adds similar language found in Section 11007 plus directs FCIC to establish priorities for specific types of submissions. [Section 11008] As part of the submission process, the applicant must consult with producer groups potentially affected. [Sec. 11009]

No comparable provision.

FCIC may conduct a pilot program approved by the Board to evaluate whether a proposal or new risk management tool is suitable for the marketplace and addresses the needs of producers. [7 U.S.C. 1523(a)]

Eliminates the requirement that FCIC evaluate pilot programs and submit a report to Congress. [Sec. 11023]

Identical to the Senate bill. [Sec. 11022]

All costs associated with conducting livestock programs shall not exceed $20 million per year in FY2004 and subsequent years. [7 U.S.C. 1523(b)(10)]

No comparable provision.

Maximum amount for livestock programs is $50 million per year for FY2013 and subsequent years. [Sec. 11023]

Crop Production on Native Sod and Conservation Compliance

 

Subject to a geographic condition below, native sod planted to an insurable crop (over 5 acres) is ineligible for crop insurance and the noninsured crop disaster assistance program for the first 5 years of planting. May apply to virgin prairie converted to cropland only in the Prairie Pothole National Priority Area, if elected by the state. [7 U.S.C. 1508(o)]

Nationwide, for native sod during the first four years of planting, crop insurance premium subsidies are 50 percentage points less than under current schedule and yield guarantees are affected. Also, no benefits are available under NAP or general commodity programs. Requires annual report on the change in cropland areas in each county and state. [Sec. 11028]

Same as Senate bill, except provision only applies to the Prairie Pothole National Priority Area. [Sec. 11013]

 

See "Title II: Conservation" for a provision that establishes a prerequisite that a producer must be in compliance with conservation requirements (within five years) and wetland requirements in order to receive crop insurance premium subsidies,. [Sec. 2609]

No comparable provision.

Standard Reinsurance Agreement and Risk-Sharing

 

The Standard Reinsurance Agreement (SRA) between FCIC and private companies defines expense reimbursements and risk-sharing by the government, 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)]

Any savings generated from a renegotiated SRA must be used for programs administered by the Risk Management Agency. [Sec. 11010]

The U.S. Government Accountability Office is directed to conduct a study regarding fraudulent claims filed, and benefits provided under the crop insurance program. [Sec. 11031]

Same as Senate bill [Sec. 11012]. Also directs FCIC to make an additional annual expense reimbursement of $41 million (for reinsurance years 2011 through 2015) to insurance companies selling polices for crops not eligible for benefit under Title I (i.e., specialty crops). [Sec. 11011]

No comparable provision.

Miscellaneous Crop Insurance Provisions

 

 

Inaccurate information on an insurance application can result in noncompliance, which voids the policy and may disqualify the producer for up to 5 years [7 U.S.C. 1515(c)]

FCIC shall establish procedures that allow an agent and approved insurance provider to correct information regarding producer name and eligibility information that is provided by a producer for the purpose of obtaining coverage. [Sec. 11013]

Similar provision as in the Senate bill. [Sec. 11018]

USDA, an approved insurance provider and its employees and contractors, and any other person may not disclose to the public information furnished by a producer. [7 U.S.C. 1502(c)]

No comparable provision.

If authorized by a producer, USDA's Farm Service Agency shall provide to an insurance agent or approved insurance provider any information or maps that may assist the agent or provider insuring the producer. [Sec. 11001]

Adjustments to producer premiums are prohibited as an inducement to purchase crop insurance, with few exceptions. [7 U.S.C. 1508(a)(9)]

No comparable provision.

To deter potential violators, FCIC is required to publish in detail (but without disclosing identities) any violations of this provision. [Sec. 11002]

All information provided to the public by the agency shall be in plain, understandable language. [5 U.S.C. 601 note relating to regulatory planning and review]

Requires FCIC and RMA to use plain language when issuing regulations and guidance related to plans and polices of crop insurance, and to improve its website for producers seeking information on crop insurance. Requires a report to Congress describing the Department's efforts. [Sec. 11030]

No comparable provision.

USDA is to ensure that new hardware and software for administering the program are compatible with that already used by USDA agencies in order to maximize data sharing needed for proper program delivery. [7 U.S.C. 1515(j)] Funding is provided from the insurance fund: $15 million for each of FY2008 through FY2010 and not more than $9 million in FY2011. [7 U.S.C. 1515(k]

USDA shall develop and implement an acreage report streamlining initiative project to allow producers to report acreage and other information directly to USDA. FCIC may use up to $25 million in fiscal 2013 and $10 to $15 million per year for FY2014 through FY2017 from the insurance fund. USDA shall notify Congress on the status of the project no later than July 1, 2013. [Sec. 11014]

Identical to the Senate bill, except notification date is set for one year later. [Sec. 11019]

The Agricultural Management Assistance Program provides financial assistance to producers in 16 specific states to mitigate risk through financial instruments, diversification, or resource conservation practices. Provides $15 million in annual mandatory funding in FY2008 through FY2014, and $10 million each fiscal year thereafter. Requires 50% for conservation, 40% for risk management, and 10% for organic certification. [7 U.S.C. 1524] Section 10606 of the 2002 farm bill established a National Organic Certification Cost-Share Program to help producers and handlers of organic products obtain certification. Provided $22 million in mandatory funding in FY2008 (available until expended). [7 U.S.C. 6523]

Authorizes $23 million in mandatory CCC funding annually (FY2013-FY2017) and combines the two programs to include (1) organic certification cost share assistance (50% of funds); (2) activities to support risk management education and outreach under the Federal Crop Insurance Act (26% of funds); and (3) agricultural management assistance grants to producers in states with low federal crop insurance participation, for various conservation purposes (24% of funds). Per-person payments are limited to $50,000 in any one year. [Sec. 11027]

Removes tree plantings and soil erosion control from the list of approved practices. Permanently authorizes $10 million in annual mandatory funding with 30% to NRCS (conservation), 10% to AMS (organic certification), and 60% RMA (risk management). [Sec. 2506 in Title II—Conservation]

Noninsured Crop Assistance Program. The Noninsured Crop Assistance Program (NAP) has permanent authority under Section 196 of the Federal Agriculture Improvement and Reform Act of 1996, and receives such sums as necessary in mandatory funding. Growers of crops not insurable under the crop insurance program are eligible for NAP. A payment is made to an eligible 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. Producers pay a fee of $250 per crop per county, or $750 per producer per county, not to exceed $1,875 per producer. [7 USC 7333]

Through FY2017, makes available additional coverage for NAP at 50% to 65% of established yield and 100% of average market price. Premium for additional coverage is 5.25% times the product of the selected coverage level and value of production (acreage times yield times average market price). The premium for additional coverage is reduced by 50% for limited resource, beginning, and socially disadvantaged farmers.

For producers with fruit crop losses in 2012, payments associated with additional coverage are made retroactively (minus premium fees) in counties declared a disaster due to freeze or frost.

Eliminates NAP for crops/grasses used for grazing (to reduce overlap with livestock disaster programs in Title I—Commodity Programs), ferns, and tropical fish.

Increases base NAP fee to $260 per crop per county, or $780 per producer per county, not to exceed $1,950 per producer. Senate NAP provisions are in Title XII. [Sec. 12204]

Similar to Senate bill except as indicated below. [Sec. 11024]

No comparable provision.

No comparable provision.

No comparable provision.

Title XII. Miscellaneous

Current Law/Policy

Senate-Passed Farm Bill (S. 3240)

House Agric. Comm.-Reported Bill (H.R. 6083)

Socially Disadvantage Producers and Limited-Resource Producers

 

Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers. Outreach and Assistance for Socially Disadvantaged Farmers and 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 socially 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 for FY2009 and $20 million annually for FY2010-FY2012. [7 U.S.C. 2279(a)]

Expands program authority to include farmers and ranchers who are veterans. Provides $5 million in mandatory funding, and authorizes $20 million annually, subject to annual appropriations for FY2013-FY2017. [Sec. 12001]

Nearly identical to the Senate bill, except the House provides $10 million in mandatory funding. [Sec. 12201]

Office of Advocacy and Outreach. The Office of Advocacy and Outreach as authorized in the 2008 farm bill carries out the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers, 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)]

For the Office of Advocacy and Outreach, authorizes such sums as necessary for FY2009 through FY2012, and $2 million annually for FY2013-FY2017, subject to annual appropriations. [Sec. 12002]

Identical to the Senate bill. [Sec. 12202]

Livestock

 

 

No comparable provision.

Wildlife Reservoir Zoonotic Disease Initiative. Amends Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998. [7 U.S.C. 7621 et seq.] Establishes an initiative through competitive grants for research and development of surveillance methods, vaccinations, vaccination delivery systems, or diagnostic tests. The 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]

No comparable provision.

Trichinae Certification Program. Sec. 11010 of the 2008 farm bill established a voluntary trichinae certification program. [7 U.S.C. §8304 note] The program 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 million 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)]

Reauthorizes current level of $1.5 million each year through FY2017, subject to annual appropriations. [Sec. 12102]

Identical to the Senate bill. [Sec. 12102]

National Aquatic Animal Health Plan. Sec. 11013 of the 2008 farm bill 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]

Extends funding authority for the plan through FY2017. [Sec. 12103]

Identical to the Senate bill. [Sec. 12103]

No comparable provision.

Sheep Production and Marketing Grant Program. 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]

No comparable provision.

The National Sheep Industry Improvement Center (NSIIC) promotes the strategic development of the U.S. sheep and goat industry. It provides financial assistance for the enhancement and marketing of sheep and goat products with an emphasis on infrastructure development. NSIIC is funded through appropriations, as well as receipts from products or services, fees and royalties from licensing, proceeds from sales of assets, loan or equity interest, and donations. [7 U.S.C. 2008(j)]

Amends provisions of the NSIIC. Amends the percentage of funds from 3% to 10% that may be used for administration of the NSIIC, and removes the authorization of appropriations. Re-designates the NSIIC from the Consolidated Farm and Rural Development Act [7 U.S.C. 2008(j)] to the Agricultural Marketing Act of 1946 [7 U.S.C. 1621 et seq.]. [Sec. 12104]

No comparable provision.

National Sheep Industry Improvement Center. See description above.

See above. Removes authorization of appropriations.

Reauthorizes $10 million per year for FY2012 to FY2017, subject to appropriations. [Sec. 12101]

No comparable provision.

Feral Swine Eradication Pilot Program. Establishes a 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]

No comparable provision.

Country-of-Origin Labeling (COOL). The 2002 and 2008 farm bills established mandatory COOL for fruits and vegetables, red meats, chicken, seafood, peanuts, pecans, macadamia nuts, and ginseng. In response to Canada's and Mexico's World Trade Organization (WTO) challenge of COOL, the WTO found that parts of COOL violate WTO rules. [7 U.S.C. 1638]

No comparable provision.

Requires that USDA submit a report to the House and Senate Agriculture Committees within 90 days of enactment to explain steps to be taken to bring the United States into compliance with the WTO decisions on COOL. [Sec. 12104]

Sections 11005 and 11006 of the 2008 farm bill (P.L. 110-246) addressed livestock and poultry marketing practices by amending the Packers and Stockyards Act, and requiring USDA to issue regulations implementing the changes. The final regulations address the applicability to live poultry, the suspension of the delivery of birds, additional capital investments, remedying a breach of contract, and arbitration. [7 U.S.C. 181 et seq.]

No comparable provision.

Repeal of Regulations Under the Packers and Stockyard Act. Repeals four regulations on livestock and poultry marketing practices in 9 C.F.R. 201 that USDA finalized February 7, 2011. Also, prohibits USDA from finalizing other provisions that were proposed in Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act, (75 Fed. Reg. 35338), and from issuing other similar regulations or policies. [Sec. 12105]

No comparable provision.

No comparable provision.

Meat and Poultry Processing Report. Requires USDA to submit a report to Congress on steps to meet the needs of small and very small meat and poultry growers and processors. The report is to include options for an electronic label submission process for meat label approval and increased public access to label information. The report is to be submitted within one year of enactment of this act. [Sec. 12106]

Other Miscellaneous Provisions

 

 

No comparable provision.

Military Veterans Agricultural Liaison. 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. To carry out this provision, the liaison may enter into contracts or cooperative agreements with research centers of the Agricultural Research Service, institutes of higher education, and nonprofit organizations to conduct research on small farms, develop educational materials, conduct workshops, training, mentoring activities, and provide internships. [Sec. 12201]

Similar to Senate bill, except it does not include a section on contracts and cooperative agreements. [Sec. 12306]

Information Gathering. USDA may not disclose information about an agricultural operation, farming or conservation practice, or land that was provided by the producer or landowner in order to qualify for a USDA program, nor the geospatial information maintained by USDA about the agricultural land or operations mentioned above. Exceptions are provided for the limited release of data to federal, state, local or tribal agencies working in cooperation with USDA 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 are released in an aggregate, personally unidentifiable form. [7 U.S.C. 8791; also known as Section 1619 of the 2008 farm bill]

Adds language to clarify and strengthen the conditions necessary to release data about farms to state and local government agencies. Such state and other government agencies would need to prove that the data are "required for implementing" the state program. Moreover, the data may only be used by the state agency, political subdivision, or local agency; and the data would be protected from subsequent disclosure by the state or agency. [Sec. 12202]

No comparable provision.

Grants to Improve Supply, Stability, Safety, and Training of Agricultural Labor Force. Provides grants to train farm workers in new technologies and workers with specialized skills for higher value crops. Authorized funds to be appropriated as necessary for FY2008-FY2012. [7 U.S.C. 2008q-1(d)]

Extends the grant program with $10 million per year authorized to be appropriated for FY2013-FY2017. [Sec. 12203]

Identical to the Senate bill. [Sec. 12301]

Noninsured Crop Assistance Program. The Noninsured Crop Assistance Program (NAP) has permanent authority under Section 196 of the Federal Agriculture Improvement and Reform Act of 1996, and receives such sums as necessary in mandatory funding. Growers of crops not insurable under the crop insurance program are eligible for NAP. A payment is made to an eligible 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. Producers pay a fee of $250 per crop per county, or $750 per producer per county, not to exceed $1,875 per producer. [7 USC 7333]

Reauthorizes through FY2017, and makes available additional coverage for NAP at 50% to 65% of established yield and 100% of average market price. Premium for additional coverage is 5.25% times the product of the selected coverage level and value of production (acreage times yield times average market price). The premium for additional coverage is reduced by 50% for limited resource, beginning, and socially disadvantaged farmers.

For producers with fruit crop losses in 2012, payments associated with additional coverage are made retroactively (minus premium fees) in counties declared a disaster due to freeze or frost.

Eliminates NAP for crops/grasses used for grazing (to reduce overlap with livestock disaster programs in Title I—Commodity Programs), ferns, and tropical fish.

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]

Similar to the Senate bill except as indicated below. House NAP provisions are in Title XI. [Sec. 11024]

No comparable provision.

No comparable provision.

No comparable provision.

Regional Economic and Infrastructure Development. The 2008 farm bill (Section 14217) established three new regional development authorities: a 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)]

Allows the cap on administrative expenses for any Commission to exceed 10% should the Commission receive an annual appropriation of less then $10 million. [Sec. 12205]

No comparable provision.

No comparable provision.

Canada Geese Removal. 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]

No comparable provision.

No comparable provision.

Office of Tribal Relations. Amends Title III of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a) to establish an Office of Tribal Relations within the Office of the Secretary of Agriculture. The Office of Tribal Relations will coordinate the Department's activities with Native American tribes. [Sec. 12207]

Identical to the Senate bill. [Sec. 12305]

Section 11016 of the Food Conservation, and Energy Act of 2008 [P.L. 110-246; 2008 farm bill] made catfish an amenable species under the Federal Meat Inspection Act [21 U.S.C. 601 et seq.] and subject to inspection by USDA instead of FDA, and amended the Agricultural Marketing Act of 1946 [7 U.S.C. 1622 et seq.] to establish a voluntary fee based grading program for catfish.

Repeal of Catfish Inspection and Grading Program at USDA. Repeals the provisions of Section 11016 of the 2008 farm bill. [Sec. 12208]

No comparable provision.

No comparable provision.

Sense of the Senate. It is the sense of the Senate that nothing in this act or an amendment made by this act should manipulate prices or interfere with the free market. [Sec. 12209]

No comparable provision.

No comparable provision.

Acer Access and Development Program. Authorizes grants to state and tribal governments to promote the domestic maple syrup industry. The grants are to promote research and education, resource sustainability, and marketing, and to encourage owners of private lands with species of trees in the genus Acer to initiate or expand maple sugaring activities. The provision defines maple sugaring as the collection of sap from any species of trees in the genus Acer for the purpose of boiling to produce food. USDA is to promulgate regulations to carry out the provision; $20 million per year is authorized to be appropriated for FY2012-FY2015. [Sec. 12210]

Nearly identical to the Senate bill, except that the House authorizes the program through FY2017. [Sec. 12307]

Definition of Rural for Purposes of the Housing Act of 1949. Defines rural and rural area for purposes of eligibility for rural housing funding. [42 U.S.C. 1490]

Retains the current definition of rural and rural area, but raises the population threshold for eligibility from 25,000 to 35,000. Further provides that any area deemed a rural area during the period January 1, 2000, and ending December 31, 2010, shall continue to be classified as a rural area until receipt of data from the 2020 decennial census. [Sec 12211]

No comparable provision.

Exclusions under the Animal Welfare Act. The Animal Welfare Act (AWA) provides authority to USDA's Animal and Plant Health Inspection Service to regulate commercial exhibitions of animals to the public. The AWA also specifically excludes from regulation certain exhibitions of animals (e.g., purebred cat and dog shows, livestock shows, rodeos). [7 U.S.C. 2132(h)]

Amends the Animal Welfare Act to exclude from regulation the exhibition of domesticated household pets where the owner derives less than a substantial portion of income from the exhibition of an animal that resides exclusively at the residence of the pet owner. [Sec. 12212]

No comparable provision.

Animal Fighting Venture Prohibition. The Animal Welfare Act prohibits and provides penalties for sponsoring or exhibiting an animal in an animal fighting venture. [7 U.S.C 2156] Penalties are prescribed and enforced by [18 U.S.C. 49]

Amends the Animal Welfare Act to prohibit knowingly attending an animal fighting venture or causing a minor to attend such a venture. Confirms that penalties for violations are prescribed and enforced under 18 U.S.C. 49. [Sec. 12213]

Similar to the Senate bill in that it prohibits knowingly attending or causing a minor to attend an animal fighting venture, but does not include the confirmation of penalties provision. [Sec. 12303]

Prohibition on closure or relocation of county offices for the Farm Service Agency. Section 14212 of the 2008 farm bill sets limits and requires notifications for closing or relocating Farm Service Agency (FSA) offices. [7 U.S.C. 6932a]

No comparable provision.

Prohibits USDA from closing or relocating a county or field office of the FSA if the office has a high workload compared with other offices in the state. Requires USDA to conduct an evaluation of the workload of all FSA offices open on January 1, 2012. The evaluations are to be completed 18 months after enactment. [Sec. 12302]

High Plains Water Study. Section 2901 of the 2008 farm bill (P.L. 110-246) requires that agricultural producers who participate in a one-time study of the Ogallala aquifer recharge potential in the High Plains of Texas not be denied program benefits available under the 2008 farm bill. The studies inform state and local water conservation investments and policies to help manage the Ogallala aquifer.

No comparable provision.

Extends provisions so that participants will not be denied program benefits under the 2012 farm bill. [Sec. 12304]

No comparable provision.

No comparable provision.

Interference in Interstate Commerce. Prohibits any state or local government from setting standards or conditions on the production or manufacture of agricultural products, and then using such standards to prevent interstate sales of the agricultural products. [Sec. 12308]

No comparable provision.

No comparable provision.

Flood Protection in the Missouri River Basin. In response to 2011 floods, this provision directs USDA, in conjunction with other federal agencies, to take steps to increase flood protection for agricultural producers in the Missouri River basin, specifically Hamburg, Iowa and surrounding communities. [Sec. 12309]

The Presidential Election Campaign Fund Act provides federal funds for certain aspects of presidential campaigns. [26 U.S.C. 9001 et seq.] See CRS Report RL34630, Federal Funding of Presidential Nominating Conventions: Overview and Policy Options, by [author name scrubbed] and [author name scrubbed].

Prohibiting Use of Presidential Election Campaign Funds for Party Conventions. Amends Chapter 95 of the Internal Revenue Code of 1986 by striking section 9008 that provides federal funds for presidential nominating conventions. Provisions are effective for elections after December 31, 2012. Also, requires that any funds returned to the Treasury by a national committee of a political party after enactment of this act are to be used for deficit reduction. [Sec. 12214]

No comparable provision.

The Budget Control Act of 2011 (BCA; P.L. 112-25) established an automatic spending reduction process that includes sequestration (the cancellation of budgetary resources) if the BCA's Joint Select Committee on Deficit Reduction did not reach agreement on federal deficit reduction over a 10-year period ending in FY2021. No agreement was reached and sequestration process is scheduled to take place at the beginning of 2013. [2 U.S.C. 901a] See CRS Report R41965, The Budget Control Act of 2011, by [author name scrubbed], [author name scrubbed], and [author name scrubbed].

Reports on Effects of Defense and Non-Defense Budget Sequestration. Requires three reports related to sequestration under paragraphs (7)(A) and (8) of section 251(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a). The reports are: (1) from the director of the Office of Management and Budget on the impact of sequestration of funds, due no later than 30 days from enactment of this act; (2) from the President on details of required sequestration, due no later than 60 days from enactment of this act or October 30, 2012, whichever is earlier; and (3) from the Secretary of Defense on the impact of sequestration on national defense accounts, due no later than August 15, 2012. [Sec. 12215]

No comparable provision.

Author Contact Information

[author name scrubbed], Coordinator, Section Research Manager ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Conservation and Natural Resources Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Senior Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Analyst in Nutrition Assistance Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Analyst in Natural Resources and Rural Development ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Analyst in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Agricultural Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Resources and Environmental Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Environmental Policy ([email address scrubbed], [phone number scrubbed])
[author name scrubbed], Specialist in Natural Resources Policy ([email address scrubbed], [phone number scrubbed])

Acknowledgments

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

Footnotes

1.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

2.

This section was written by [author name scrubbed] (farm commodity support), [author name scrubbed] (dairy), [author name scrubbed] (sugar), and [author name scrubbed] (payment limits), all Specialists in Agricultural Policy.

3.

RLC makes payments to producers for each planted crop when actual countywide crop revenue is below 85% of historical revenue (i.e., the producer absorbs the first 15% of the shortfall). In contrast, for ARC, the revenue guarantee is set at 89% of historical revenue (i.e., the producer absorbs the first 11% of the shortfall) at either the county or farm level (to cover more localized losses). In both cases, the government then pays for the next 10% of the loss. Any remaining losses are backstopped by crop insurance if purchased by the producer.

4.

In both the House and Senate bills, peanuts have a separate but identical payment limit as all the other covered commodities combined.

5.

This section was written by [author name scrubbed], Specialist in Agricultural Conservation and Natural Resources Policy.

6.

This section was written by [author name scrubbed], Senior Specialist in Agricultural Policy.

7.

This section was written by [author name scrubbed], Analyst in Nutrition Assistance Policy.

8.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

9.

This section was written by [author name scrubbed], Analyst in Natural Resources and Rural Development.

10.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

11.

This section was written by [author name scrubbed], Specialist in Agricultural Conservation and Natural Resources Policy.

12.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

13.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

14.

These provisions are covered by CRS experts [author name scrubbed], Analyst in Rural Development and Natural Resources (plant biotechnology); [author name scrubbed], Specialist in Resources and Environmental Policy (Clean Water Act permits); [author name scrubbed], Specialist in Environmental Policy (pesticide registration); and [author name scrubbed], Specialist in Natural Resources Policy (biological opinions).

15.

This section was written by [author name scrubbed], Specialist in Agricultural Policy.

16.

This section was written by [author name scrubbed], Analyst in Agricultural Policy (animal agriculture); [author name scrubbed], Analyst in Natural Resources and Rural Development (socially disadvantaged farmers); [author name scrubbed], Specialist in Agricultural Policy (USDA data collection); and [author name scrubbed], Specialist in Agricultural Policy (Noninsured Assistance Program).