109th CONGRESS
1st Session
S. 1038
To amend the Farm Security and Rural Investment Act of 2002 to enhance
the ability to produce fruits and vegetables on covered commodity base acres.
IN THE SENATE OF THE UNITED STATES
May 16, 2005
Mr. LUGAR introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to enhance
the ability to produce fruits and vegetables on covered commodity base acres.
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:
`(i) Production of Fruits or Vegetables for Processing-
`(1) IN GENERAL- Subject to paragraphs (2) and (3), the producers on a farm,
with the consent of the owner of and any other producers on the farm, may
reduce the base acres for a 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 BASE ACRES FOR COVERED COMMODITY- 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
