To amend the Farm Security and Rural Investment Act of 2002 to provide producers on a farm with greater flexibility in selecting the crops to be planted on the base acres of the farm.

May 3, 2005

Mr. PENCE (for himself and Ms. BALDWIN) introduced the following bill; which was referred to the Committee on Agriculture

To amend the Farm Security and Rural Investment Act of 2002 to provide producers on a farm with greater flexibility in selecting the crops to be planted on the base acres of the farm.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Farming Flexibility Act of 2005'.

SEC. 2. PRODUCTION OF FRUITS AND VEGETABLES FOR PROCESSING ON COVERED COMMODITY BASE ACRES.

Section 1101 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911) is amended by adding at the end the following new subsection:

`(i) Production of Fruits or Vegetables for Processing-

`(1) IN GENERAL- Subject to paragraphs (2) and (3), producers on a farm, with the consent of the owner and other producers on the farm, may reduce the base acres for any covered commodity for the farm if the reduced acres are used for the planting and production of fruits or vegetables for processing.

`(2) REVERSION TO COVERED COMMODITY BASE ACRES- Any reduced acres of a farm devoted to the planting and production of fruits or vegetables during a crop year under paragraph (1) shall be included in base acres for the covered commodity for the subsequent crop year, unless the producers on the farm make the election described in paragraph (1) for the subsequent crop year.

`(3) RECALCULATION OF BASE ACRES-

`(A) IN GENERAL- Subject to subparagraph (B), if the Secretary recalculates base acres for a farm, the planting and production of fruits or vegetables for processing under paragraph (1) shall be considered to be the same as the planting, prevented planting, or production of the covered commodity.

`(B) AUTHORITY- Nothing in this subsection provides authority for the Secretary to recalculate base acres for a farm.'.

END