II 109th CONGRESS 1st Session S. 1038 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.

1.

Short title

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

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. .