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 the government to help farmers who grow fruits and veggies like asparagus and blueberries by giving them money when they can't make enough money because other countries sell those foods cheaply in the United States. They plan to spend a lot of money each year for five years to help these farmers.

Summary AI

S. 4982 aims to amend the Specialty Crops Competitiveness Act of 2004 by requiring the Secretary of Agriculture to create a pilot program that offers financial assistance to farmers who grow seasonal and perishable crops, such as asparagus and blueberries. These payments are intended to help farmers recover when the prices of their crops are low because of cheap imports. The program outlines conditions for eligibility, such as income limits, and specifies a five-year period for its operation. For each year the program runs, $200 million is authorized for funding, ensuring that the impacted farmers receive the necessary support.

Published

2024-08-01
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-08-01
Package ID: BILLS-118s4982is

Bill Statistics

Size

Sections:
3
Words:
1,348
Pages:
7
Sentences:
27

Language

Nouns: 351
Verbs: 83
Adjectives: 119
Adverbs: 9
Numbers: 54
Entities: 72

Complexity

Average Token Length:
4.16
Average Sentence Length:
49.93
Token Entropy:
4.82
Readability (ARI):
26.48

AnalysisAI

General Summary of the Bill

The proposed legislation seeks to amend the Specialty Crops Competitiveness Act of 2004. It introduces the "Protecting Our Produce Act," which mandates the creation of a pilot program. This program aims to offer financial recovery payments to farmers growing certain seasonal and perishable crops. These payments would be triggered if the crops’ market prices fall below a designated threshold due to import competition. The scope of crops covered includes asparagus, bell peppers, blueberries, cucumbers, and squash. Farmers meeting specific income criteria are eligible to apply for this assistance. The program is slated to last for five years, with a potential budget allocation of $200 million annually.

Summary of Significant Issues

One of the central concerns raised about the bill is its significant budgetary requirement of $200 million annually. Without clear performance evaluations, this expense could strain fiscal resources without necessarily delivering effective support. There are also eligibility criteria for farmers that might exclude individuals with diverse incomes or those who have temporarily experienced higher earnings, which could be viewed as unduly restrictive.

Furthermore, the methodology for calculating losses, particularly the exclusion of highest and lowest market prices from the reference price calculation, might not accurately portray market conditions. Additionally, the requirement for proving that price drops are specifically "caused by imports" could lead to disputes due to the lack of clear criteria for determining causation. The geographical regions eligible for the program, determined at the discretion of the Secretary of Agriculture, might also lead to inconsistencies or perceptions of inequity.

Impact on the Public Broadly

Broadly speaking, this bill could be seen as a supportive measure for agricultural sectors vulnerable to international competition. By providing financial stability, the program could help safeguard domestic production of specific crops, potentially leading to a steady supply of produce for consumers and supporting rural economies. However, if the program's execution encounters inefficiencies or fails to accurately target those most in need, public funds might be misallocated, impacting taxpayers indirectly.

Impact on Specific Stakeholders

The bill could have several positive effects on farmers who are directly affected by competition from imports, providing them with much-needed financial support during low-price periods. This support might enable these farmers to maintain their operations and workforce, thereby sustaining local employment and economic stability in agricultural communities.

However, some producers may find themselves excluded from the program due to the rigorous income criteria, even if they are significantly impacted by import competition. Additionally, stakeholders like importers or businesses relying on lower-cost foreign produce might view the bill as unfavorable, as it could shield domestic producers from competitive market forces, potentially leading to higher prices for consumers.

Overall, while the intentions of the bill are to support domestic agriculture, its ultimate success will hinge upon fair and efficient implementation, ensuring that aid reaches those most affected without unduly harming other economic participants.

Financial Assessment

The bill, S. 4982, proposes significant financial undertakings aimed at supporting farmers who produce seasonal and perishable crops. It establishes a pilot program under which farmers experiencing low prices due to imports receive financial aid.

Financial Allocations

The bill authorizes the appropriation of $200 million annually to fund this pilot program over its five-year duration. This substantial financial commitment underlines the program's intention to provide meaningful support to eligible farmers, helping them manage economic challenges posed by imported goods.

Relationship to Identified Issues

Budget Concerns

The appropriation of $200 million each year raises the issue of fiscal responsibility, as flagged in the identified issues. Without clear metrics to evaluate its effectiveness or necessity prior to or during implementation, there is a risk of inefficient use of resources. Given the broader context of fiscal challenges, it is vital to ensure that such a significant allocation yields value commensurate with public spending.

Eligibility Criteria

The restriction whereby only farmers with an average adjusted gross income of less than $5,000,000 and who earn at least 75% of their income from agriculture qualifies for the program may be perceived as overly restrictive. This criterion potentially excludes farmers with diversified income streams or those who have had temporary financial gains, even if they are otherwise burdened by import-induced market challenges.

Method of Calculating Financial Assistance

The bill's method of calculating payments could also impact fairness. Payments are determined by the difference between a 'reference price’ and an 'effective price.' The exclusion of the highest and lowest prices from the calculation of the 'reference price' might introduce distortions, affecting the representativeness of average prices and thus the fairness of payment calculations. This methodology might inadvertently favor or disadvantage certain participants, depending on variations in their market history.

Defining Eligibility by Import Impact

Questions arise about how the program defines and measures whether low prices are "caused by imports." This lack of specificity in establishing causation could lead to inconsistencies and disputes regarding eligibility. Ensuring a fair and transparent process for determining import impact would be crucial to maintaining the program's credibility and fairness.

Allocation by Region

Finally, the bill empowers the Secretary of Agriculture to determine 'geographical regions' eligible for program participation, but does not specify criteria for these determinations. This could lead to uneven allocation of the authorized $200 million, based on potentially arbitrary regional delineations, raising concerns of fairness and equity among various farming communities.

The sunset clause further complicates this, as it provides a timeframe without interim assessments, risking prolonged inefficiencies if the program's design does not adequately address these concerns. As such, ongoing evaluation and possible revision of the financial distribution methodology might be necessary to ensure equitable support to affected producers.

In summary, while the financial provisions of the bill aim to support farmers facing import-induced price drops, attention to the potential for inequitable allocation, overly restrictive eligibility, and untested program efficacy is crucial to optimizing the use of public funds.

Issues

  • The pilot program's significant budget of $200,000,000 annually could be considered wasteful if the program's effectiveness and necessity are not properly evaluated before or during implementation. This is especially concerning given current fiscal challenges. (Sections 2 and 501)

  • The eligibility criteria for the pilot program, requiring producers to have an average adjusted gross income of less than $5,000,000 and derive at least 75 percent of their income from farming, could exclude some producers who have multiple income sources or have experienced temporary financial gains. This could be seen as unfairly restrictive. (Sections 2 and 501)

  • The calculation for the 'reference price' excludes the highest and lowest marketing seasons, which might distort a truly representative average price, potentially impacting the determination of losses. (Sections 2 and 501)

  • The provision that crop loss must be 'caused by imports' in determining eligibility for recovery payments appears to lack specific criteria for determining causation. This could lead to disputes and inconsistencies in the application of the program. (Sections 2 and 501)

  • The determination of 'geographical regions' by the Secretary without detailed criteria could result in uneven or arbitrary allocations and could contribute to perceived or real inequities across different regions. (Section 501)

  • The sunset clause, which allows the program to run for five years without provisions for interim assessments, might lead to prolonged inefficiencies if the program does not produce the desired results. (Section 501)

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 text describes a new pilot program set up by the U.S. government to help farmers who grow certain seasonal crops like asparagus and cucumbers. If imports cause their crop prices to drop below a set level, the program will give them financial help, provided they qualify under certain income and farming criteria. The program is expected to last for five years and is backed by up to $200 million in yearly funding.

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 be appropriated to the Secretary to carry out this section $200,000,000 for each fiscal year that begins after the date of 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 starting in 2025 to provide payments to farmers of seasonal and perishable crops in certain U.S. regions if imports cause the crop's market price to fall below a set reference price. Eligibility requires farmers to meet specific income criteria, and the program is set to end five years after the Protecting Our Produce Act is enacted.

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 be appropriated to the Secretary to carry out this section $200,000,000 for each fiscal year that begins after the date of enactment of the Protecting Our Produce Act and before the date described in subsection (f). ---