[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1038 Introduced in Senate (IS)]







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.''.
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