I
106TH CONGRESS
1ST SESSION
H. R. 1299
To provide a safety net for farmers through reform of the marketing loan
program under the Agricultural Market Transition Act, expansion of
land enrollment opportunities under the conservation reserve program,
and maintaining opportunities for foreign trade in United States agricul-
tural commodities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. BERRY (for himself and Mrs. EMERSON) introduced the following bill;
which was referred to the Committee on Agriculture
A BILL
To provide a safety net for farmers through reform of the
marketing loan program under the Agricultural Market
Transition Act, expansion of land enrollment opportuni-
ties under the conservation reserve program, and main-
taining opportunities for foreign trade in United States
agricultural commodities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Restore Agriculture Productivity Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Removal of caps on loan rates under Agricultural Market Transition
Act.
Sec. 3. Extension of marketing loan term.
Sec. 4. Consideration of crops typically grown on lands eligible for enrollment
in conservation reserve.
Sec. 5. Expanded enrollment authority under conservation reserve program.
Sec. 6. Early release of certain acreage enrolled in conservation reserve.
Sec. 7. Review of Federal laws and regulations that prohibit the sale or provi-
sion of agricultural commodities to foreign countries.
SEC. 2. REMOVAL OF CAPS ON LOAN RATES UNDER AGRI-
CULTURAL MARKET TRANSITION ACT.
(a) SPECIAL RULE FOR 1999–2002 CROPS.—Section
132 of the Agricultural Market Transition Act (7 U.S.C.
7232) is amended by adding at the end the following new
subsection:
‘‘(g) LIFTING OF CAPS FOR 1999–2002 CROPS.—
‘‘(1) IN GENERAL.—The cap specified in this
section on the loan rate for a marketing assistance
loan for a loan commodity shall not apply with re-
spect to the 1999 through 2002 crops of that com-
modity. With respect to the 1999 through 2002
crops of rice, the Secretary may establish a loan rate
in excess of the rate specified in subsection (e).
‘‘(2) RETROACTIVE APPLICATION.—In the case
of the 1999 crop of each loan commodity, the Sec-
retary shall adjust marketing assistance loans and
loan deficiency payments made before the date of
the conservation reserve under the authority of section
1231(d)(2), sales of a United States agriculture com-
modity is being displaced due to increased production of
that commodity by foreign countries, the Secretary may
permit the early release of lands from the conservation re-
serve pursuant to this section to increase the United
States production of that commodity. The Secretary shall
make a determination under this subsection on the basis
of information provided by the Foreign Agricultural Serv-
ice.
‘‘(b) PUBLIC AND CONGRESSIONAL NOTIFICATION.—
Not later than 30 days before permitting the early release
of conservation reserve lands for the production of an agri-
cultural commodity, the Secretary shall publish in the
Federal Register and submit to Congress written notice
describing the justification for the commodity selected, the
number of acres that the Secretary seeks to release, and
the qualifications and exclusions relevant to that release.
‘‘(c) SELECTION OF LAND FOR RELEASE.—Lands
may be released under this section only if—
‘‘(1) the lands were used for the production of
the agricultural commodity covered by the release
before the enrollment of the lands in the conserva-
tion reserve;
‘‘(2) the lands were enrolled in the conservation
reserve using funds appropriated pursuant to the au-
thorization of appropriations in section 1231(d)(2);
‘‘(3) the holder of the contract by which the
lands were enrolled in the conservation reserve ap-
plies for and requests the release; and
‘‘(4) the contract holder agrees to produce the
commodity covered by the release during the first
crop year commencing after the release of the lands.
‘‘(d) ENVIRONMENTAL CONSIDERATIONS.—In con-
sidering applications by contract holders for the release
of lands, the Secretary shall use existing environmental
benefits assessments applicable to the lands. Lands which
are reserved for high-priority conservation practices, con-
sistent with the conservation priority areas established
under section 1231(f) and precedented exclusions for re-
lease from the conservation reserve, are not eligible for
early release under this section.
‘‘(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the selection of lands for release
from the conservation reserve and the use of the lands
upon release as the Secretary considers appropriate.’’.
SEC. 7. REVIEW OF FEDERAL LAWS AND REGULATIONS
THAT PROHIBIT THE SALE OR PROVISION OF
AGRICULTURAL COMMODITIES TO FOREIGN
COUNTRIES.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that any Federal law or regulation that prohibits
or otherwise restricts the sale or provision of agricultural
commodities to foreign countries should be maintained
only if the prohibition under the law or regulation is essen-
tial to the national security interests of the United States.
(b) STUDY.—
(1) IN GENERAL.—The President shall conduct
an annual study of every Federal law or regulation
that prohibits or otherwise restricts the sale or pro-
vision of agricultural commodities to foreign coun-
tries to determine—
(A) whether or not the prohibition under
such law or regulation is essential to the na-
tional security interests of the United States,
including a description of the risk to the na-
tional security interests posed by the removal of
the prohibition; and
(B) the effects of the prohibition under
such law or regulation on United States agri-
culture, including an assessment—
(i) of the extent to which any country
or countries subject to the prohibition are
markets that accounted for, in the cal-
endar year preceding the imposition of the
prohibition, more than 3 percent of all ex-
port sales from the United States of an ag-
ricultural commodity;
(ii) of the likely effect on incomes of
producers of the commodity involved;
(iii) of the extent to which the unilat-
eral economic sanction would permit for-
eign suppliers to replace United States
suppliers; and
(iv) of the likely effect of the proposed
sanction on the reputation of United
States farmers as reliable suppliers of spe-
cific agricultural commodities and of agri-
cultural commodities in general.
(2) SECRETARY OF AGRICULTURE.—The Presi-
dent, acting through the Secretary of Agriculture,
shall conduct the assessment described in paragraph
(1)(B).
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, and on an annual basis there-
after, the President shall prepare and transmit to the ap-
propriate congressional committees a report containing
the results of the study under subsection (b).
(d) DEFINITIONS.—In this section:
(1) AGRICULTURAL
COMMODITY.—The term
‘‘agricultural commodity’’ has the meaning given the
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on International Rela-
tions and the Committee on Armed Services of
the House of Representatives; and
(B) the Committee on Foreign Relations
and the Select Committee on Intelligence of the
Senate.
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