Overview
Title
To amend the Specialty Crops Competitiveness Act of 2004 to require the Secretary of Agriculture to establish a pilot program to provide recovery payments to producers of seasonal and perishable crops that experience low prices caused by imports, and for other purposes.
ELI5 AI
The bill wants to give money to farmers who grow certain fruits and veggies like asparagus and blueberries when prices get really low because of too many imports. It suggests spending a lot of money each year for five years to help these farmers, but only if they mostly make their living from farming and make less than $5 million a year.
Summary AI
The bill H.R. 9240, titled the "Protecting Our Produce Act," proposes changes to the Specialty Crops Competitiveness Act of 2004 by instructing the Secretary of Agriculture to set up a pilot program. This program aims to provide financial payments to U.S. producers of seasonal and perishable crops, such as asparagus and blueberries, when they face low prices due to competing imports. To be eligible, producers must have an average income below $5,000,000 and derive most of their income from farming activities. The program would be funded with $200,000,000 annually for five years following the bill's enactment.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as H.R. 9240, aims to amend the Specialty Crops Competitiveness Act of 2004 by establishing a pilot program directed by the Secretary of Agriculture. This program is designed to assist U.S. growers of certain seasonal and perishable crops who endure financial losses due to low market prices driven by imports. The core idea is to provide monetary recovery payments for producers of specific crops such as asparagus, bell peppers, blueberries, cucumbers, and squashes. These payments hinge on a discrepancy between defined "effective prices" and "reference prices" for these crops. The bill outlines eligibility criteria for producers, introduces funding of $200 million per year, and sets a five-year term for the pilot program.
Summary of Significant Issues
Several key issues arise from this bill. First, there is concern regarding the substantial authorization of $200 million annually without a clear breakdown of expenditure, which raises fears about possible financial inefficiencies. Additionally, the bill's eligibility criteria may favor larger agricultural entities over smaller ones possibly more in need of financial aid. This stems from stipulations based on adjusted gross income and income source percentage thresholds.
Moreover, the pilot program's narrow focus on only five specific crops could inadvertently ignore other crop producers who may equally suffer from import-related market pressures. The discretion given to the Secretary of Agriculture in defining geographical regions adds another layer of potential inconsistency and lack of transparency, as this could result in uneven application across different areas.
Further issues are related to the methodology for establishing price baselines for payment validation, which could inaccurately reflect producers' economic environments by excluding peak and low market seasons. Finally, the program’s automatic five-year sunset lacks a mandatory evaluation mechanism to assess its success or failure, potentially hindering opportunities for policy learning and improvement.
Impact on the Public
For the general public, the bill aims to stabilize prices and ensure the competitiveness of U.S. agriculture, potentially resulting in steadier prices for seasonal and perishable produce at grocery stores. However, there are risks that the program might not sufficiently address agriculture market realities due to its limited scope, and could potentially mean the misallocation of public funds if not monitored carefully.
Impact on Specific Stakeholders
For specific stakeholders, like large agricultural producers, the bill could offer valuable financial aid against import-driven market downturns, helping preserve their economic stability and operations. By contrast, smaller producers might find it challenging to meet the eligibility thresholds, despite possibly suffering greater financial vulnerabilities due to similar market conditions.
Agricultural communities in regions favorably recognized by the Secretary could benefit directly, whereas others might not receive the same level of support due to unclear geographic criteria. The restricted focus on only a handful of crops may also disappoint growers of other seasonal or perishable crops that could similarly benefit from financial relief mechanisms.
Overall, the bill endeavors to protect agricultural producers against disadvantages posed by import competition yet needs refinement to ensure equitable and targeted provision of assistance across the spectrum of affected parties.
Financial Assessment
The bill introduces the "Protecting Our Produce Act," which mandates the establishment of a pilot program focused on supporting U.S. producers of seasonal and perishable crops. A core component of this bill is the authorization of $200,000,000 per fiscal year to facilitate recovery payments when these producers experience low prices due to competition from imports.
Financial Allocations
The bill earmarks $200,000,000 annually for a period of five years following its enactment specifically for the pilot program. This allocation aims to enable the Secretary of Agriculture to provide financial assistance directly to producers of specific crops such as asparagus, bell peppers, blueberries, cucumbers, and squash, under predefined circumstances.
Relationship to Identified Issues
Lack of Detailed Justification
The authorization of $200,000,000 per fiscal year is substantial, yet the bill does not provide a detailed breakdown or justification for how these funds will be utilized. This absence of detail raises concerns about potential wasteful spending, as there is no clear indication of how the funds will be allocated among the eligible producers or what portion is reserved for program administration or oversight.
Potential Favoritism and Exclusion
Moreover, the eligibility criteria based on an adjusted gross income of less than $5,000,000 and the requirement for producers to derive at least 75 percent of their income from farming, ranching, or forestry, could inadvertently benefit larger farming operations. This structure might neglect smaller producers who might face more dire financial circumstances but do not meet the high-income threshold set for eligibility.
Geographical Discretion
Another point of concern is the discretionary power granted to the Secretary of Agriculture in determining which geographical regions are eligible for the program. The lack of defined regions in the bill could result in arbitrary decisions, leading to favoritism or bias in the distribution of financial aid, which could further exacerbate regional economic disparities.
Exclusion of Other Crops
The bill narrowly defines "seasonal and perishable crops," limiting them to only five types of crops. This restriction could exclude other crops that similarly suffer from import-related price suppression, meaning that the allocated funds may not support all producers who are in need, limiting the program's overall efficacy.
Absence of Evaluation Measures
Finally, the automatic termination of the pilot program after five years without stipulated methods for evaluation or assessment makes it difficult to determine whether the financial allocations achieved their intended objectives. This lack of evaluative measures could result in missed opportunities to learn from the program's implementation, including the effectiveness of the $200,000,000 annual spending in supporting affected producers.
In summary, while the financial allocations proposed by the bill aim to support agricultural producers, the lack of detailed financial planning, potential for favoritism, and limited crop inclusion raise significant concerns about the program's efficacy and fairness.
Issues
The authorization of $200,000,000 per fiscal year for the pilot program is substantial and lacks a detailed breakdown or justification for how the funds will be spent, raising concerns about potential wasteful spending. (Section 2, SECTIONS)
The pilot program's eligibility requirements based on average adjusted gross income and percentage income derived from farming could favor larger producers who might not be the most in need, thus potentially neglecting smaller, more vulnerable producers. (Section 501(c) & SECTIONS)
The definition of 'seasonal and perishable crop' is restrictive as it only includes five specific crops (asparagus, bell pepper, blueberry, cucumber, and squash), potentially excluding other crops that could benefit from the program. (Section 501(a)(3) & SECTIONS)
The geographical regions for the pilot program are determined entirely at the Secretary’s discretion, which could lead to favoritism or lack of transparency in benefiting certain regions over others. (Section 501(b)(2) & SECTIONS)
The pilot program is set to automatically terminate after five years without any requirements for assessment or evaluation of its effectiveness, making it difficult to measure its success or learn from its outcomes. (Section 501(f) & SECTIONS)
The language defining 'reference price' by excluding marketing seasons with the highest and lowest prices could skew actual market conditions and misrepresent the economic realities faced by producers. (Section 501(a)(2) & SECTIONS)
The criterion for payments based on 'effective price' being lower than 'reference price' may not adequately capture temporary market fluctuations, leading to unnecessary payments. (Section 501(b)(1)(A) & SECTIONS)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act states that it can be officially called the "Protecting Our Produce Act."
2. Seasonal and perishable crop loss pilot program Read Opens in new tab
Summary AI
The bill establishes a pilot program beginning in 2025 to provide financial support to producers of seasonal and perishable crops if the crops' prices drop due to imports. Farmers can apply for payments if their average income is below $5 million, primarily from agriculture, and the program lasts for five years with a budget of $200 million annually.
Money References
- “(2) REQUIREMENT.—No producer may be eligible to receive a payment under the pilot program under this section unless the producer— “(A) has an average adjusted gross income of less than $5,000,000 for the 3 tax years preceding the most recent tax year; and “(B) derives at least 75 percent of the adjusted gross income of the producer from farming, ranching, or forestry, as determined by the Secretary. “(d) Payment amount.—The amount of a payment provided under the pilot program under this section shall be equal to the product obtained by multiplying— “(1) the payment rate for the marketing year for which the payment is provided with respect to the applicable seasonal and perishable crop under subsection (e); and “(2) the average production during the 5 most recent marketing years of the seasonal and perishable crop by the producer during the seasonal marketing window, excluding— “(A) the marketing year during that period with the highest production; and “(B) the marketing year during that period with the lowest production. “(e) Payment rate.—The rate of a payment provided under the pilot program under this section shall be equal to the difference between— “(1) the reference price of the applicable seasonal and perishable crop; and “(2) the effective price of that seasonal and perishable crop. “
- “(g) Authorization of appropriations.—There is authorized to carry out the pilot program under this section $200,000,000 for each fiscal year that begins after the date of the enactment of the Protecting Our Produce Act and before the date described in subsection (f).”.
501. Seasonal and perishable crop loss pilot program Read Opens in new tab
Summary AI
The section establishes a pilot program to provide financial support to U.S. farmers who experience crop loss due to imports, targeting those who grow specific perishable crops like asparagus and blueberries. Eligible farmers must have a certain income level, and payments are calculated based on the difference between effective and reference prices, with the program set to end five years after the bill's enactment.
Money References
- — (1) APPLICATION.—To be eligible to receive a payment under the pilot program under this section, a producer of 1 or more seasonal and perishable crops shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the information described in paragraph (2). (2) REQUIREMENT.—No producer may be eligible to receive a payment under the pilot program under this section unless the producer— (A) has an average adjusted gross income of less than $5,000,000 for the 3 tax years preceding the most recent tax year; and (B) derives at least 75 percent of the adjusted gross income of the producer from farming, ranching, or forestry, as determined by the Secretary.
- (g) Authorization of appropriations.—There is authorized to carry out the pilot program under this section $200,000,000 for each fiscal year that begins after the date of the enactment of the Protecting Our Produce Act and before the date described in subsection (f).