Farm Bill Update Dr. Jody Campiche Oklahoma State University January 8, 2013 American Taxpayer Relief Act (H.R. 8) Income tax rates increase from 35% to 39.6% for single individuals making > $400,000/yr ($450,000 for joint filers) Capital gain and qualified dividend rates will increase from 15% to 20% for single individuals making more than $400,000 a year ($450,000 for joint filers) Permanent higher alternative minimum tax (AMT) exemption Allow more taxpayers to escape paying AMT Phase-out of personal exemptions and limitation on itemized deductions was reinstated for single individuals with adjusted gross income > $250,000 ($300,000 for joint filers) Various credits and deductions extended (state/local sales tax deduction; educators’ classroom expense deduction; child tax credit; American Opportunity Tax Credit; adoption credit; and nonbusiness energy property credit) For estate, gift, and generation-skipping transfer taxes, $5 million exemption extended permanently and will be indexed for inflation (top estate, gift, and GST rate permanently increased from 35% to 40%) American Taxpayer Relief Act (H.R. 8) Payroll Taxes: Everyone will see less money in their paycheck in 2013 Does not include an extension of the 2 percent payroll tax cut of the Social Security (FICA) employee tax on the first $113,700 of wages Employee-paid portion of the Social Security FICA tax increased on all wage earners from 4.2 percent to 6.2 percent beginning Jan. 1, 2013 The portion of the tax paid by employers remains at 6.2 percent of employee wages, for a total Social Security FICA tax of 12.4 percent Farm Bill Extension 1 year extension of farm bill to Sept. 30, 2013 Extension of hundreds of authorizations for U.S. Department of Agriculture (USDA) programs 2 month postponement of the “sequestration” (across-the- board) budget cuts enacted as part of the Budget Control Act of 2011 Farm Bill Extension Many are upset by the partial extension Farm safety net has been extended to another crop year and permanent farm law will not go into effect Producers will continue to be eligible for direct payments, counter-cyclical payments, ACRE payments, and marketing loans for the 2013 crop year Without this extension, these programs would not be in place for the 2013 crop year and producers would have much less certainty about the status of the farm safety net Milk provisions in the 2008 farm bill were also continued and the extension preserves baseline funding Farm Bill Extension Actual details of 2013 commodity payments being worked out by USDA FSA Questions on how to handle the 2013 ACRE program Can producers sign up for ACRE or are producers already in ACRE forced to stay in the program? Farm Bill Extension –What is not Included? Many programs and policies of the U.S. Department of Agriculture (USDA) were authorized under the Food, Conservation and Energy Act of 2008 (“2008 Farm Bill”) through September 30, 2012 Many programs with mandatory funding between FY 2008 and FY 2012 were reauthorized, but without any such mandatory funding Gives the power to the appropriations committees Long-standing history between what the appropriations committees appropriate and what the ag committees want appropriated Also, during a sequester process, there’s less cover for programs that don’t have the “mandatory” label, although very little is protected from the sequester axe Farm Bill Extension –What is not Included? Authority or funding provided under the 2008 Farm Bill for USDA to operate a number of these programs expired on October 1, 2012 Includes 4 major programs managed by NIFA (1) Organic Ag Research & Extension Initiative (2) Specialty Crops Research Initiative (3) Beginning Farmer & Rancher Development (4) Biomass R&D Program 2008 Farm Bill Mandatory Funding 2013 Extension Appropriations Organic Ag Research & Extension Initiative 20 25 Specialty Crops Research Initiative 15 100 Beginning Farmer & Rancher Development 19 30 Biomass Research & Development 40 40 Because the authority for these programs has expired, NIFA cannot move forward on the release of new RFAs for these programs NIFA can continue to manage existing grant awards that were made in FY 2012 and previous years Farm Bill Extension – What is not Included? Two mandatory-funded programs, Community Food Projects and Risk Management Education, receive funding that is subject to the Office of Management and Budget operating guidance and legislative provisions of the FY 2013 Continuing Resolution These programs are not impacted by the expiration of the 2008 Farm Bill With the exception of the 4 programs with mandatory funding in the table, all reauthorizations sought by the land-grant community acting through the APLU Board on Agriculture Assembly’s Committee on Legislation and Policy (CLP) have been extended for one-year H.R. 8 increases certain payments to dairy producers by $110 million in 2013 and reduces spending on nutrition education by the same amount Farm Bill Extension – What is not Included? House and Senate Ag committees agreed to a 1 year extension of the farm bill that included additional dairy provisions and mandatory funding for Supplemental Agricultural Disaster Assistance Livestock Forage program, Livestock Indemnity Program, Tree Assistance Program, and the Emergency Livestock Assistance Program Senate removed mandatory funding for the disaster programs and new dairy provisions Includes an authorization of appropriations for the disaster programs which means that the funding could be discussed in the appropriations cycle Funding for the disaster programs could also be included as part of other disaster discussions (such as the Hurricane Sandy Relief Bill) or could be part of the 5 year farm bill What Happens Now? Now that the new Congress has convened, there are two likely options to finish the FY 2013 appropriations process (1) Pass individual appropriations bills either singly or in one or more “omnibus” bills (2) Enact a second continuing resolution that runs through Sept. 30, 2013 Under congressional rules, all bills expire at the end of each Congress, so both the House and Senate must start over again Farm Bill process may be expedited as a result of the substantial progress each chamber made in 2012 Changes in Congress Mississippi Senator Thad Cochran replaces Kansas Senator Pat Roberts as the ranking member on the Senate Agriculture Committee Some view the move as advancing Southern interests in the next farm bill Could be more support for commodity payments for southern commodities Sen. Richard Shelby (R-AL) becomes Vice-Chair of Senate Appropriations In the House, Robert Aderholt (R-AL) becomes the new Chairman of the House Ag Appropriations panel On the Democratic side of the Senate, Sen. Herb Kohl's (D-WI) retired and the chair slot of Senate Ag Appropriations Subc. has opened up (Possible candidates include Sen. Diane Feinstein (D-CA), Mark Pryor (D-AR), Sherrod Brown (D-OH), or Tom Harkin (D-IA) 113th Congress Ag Committee (25 R; 19 D) R: Lucas (OK) Chairman • Southern Region – 9 Members – 1 Female • North Central – 7 Members – 1 Female • Southwest (OK/TX) – 3 Members – Could be included as South • West – 3 Members • Northeast – 3 Members D: Peterson (MN) Minority Leader • North Central Region – 6 Members – 2 Female • West – 6 Members – 1 Female • Northeast – 3 Members – 1 Female • South – 2 Members • Southwest (TX) – 2 Members • Spanish Surname Members – 3 all D • Female – 6 Members – 2 R – 4 D Source: James Novak Changes in Congress – Lucas Ag committee Republicans Rep. Bob Goodlatte (VA) Rep. Scott DesJarlais (TN) Rep. Steve King (IA) Rep. Chris Gibson (NY) Rep. Randy Neugebauer (TX) Rep. Vicky Hartzler (MO) Rep. Mike Rogers (AL) Rep. Reid Ribble (WI) Rep. K. Michael Conaway (TX) Rep. Kristi Noem (SD) Rep. Glenn Thocmpson (PA) Rep. Dan Benishek (MI) Rep. Bob Gibbs (OH) Rep. Jeff Denham (CA) Rep. Austin Scott (GA) Rep. Doug LaMalfa (CA) Rep. Scott Tipton (CO) Rep. Richard Hudson (NC) Rep. Steve Southerland (FL) Rep. Rodney Davis (IL) Rep. Rick Crawford (AR) Rep. Chris Collins (NY) Rep. Martha Roby (AL) Rep. Ted Yoho (FL) Changes in Congress – Peterson Ag committee Democrats Collin Peterson (MN) Filemon Vela (TX) Mike McIntyre (NC) Michelle Lujan Grisham David Scott (GA) (NM) Jim Costa (CA) Ann Kuster (NH) Tim Walz (MN) Rick Nolan (MN) Kurt Schrader (OR) Pete Gallego (TX) Marcia Fudge (OH) William Eynart (IL) Jim McGovern (MA Juan Vargas (CA) Suzan DelBene (WA) Cheri Bustos (IL) Gloria Negrete McLeod Sean Patrick Maloney (NY) (CA) Politics of Farm Program Payments Source: Larry Sanders 2012 Farm Bill: Proposed Cuts CBO Scores: Senate vs. House 2012 Farm Bill Safety Net Farm Bill Safety Net Risk management (i.e. crop insurance) is a key component of both the House & Senate farm bills Both bills offer choices among commodity and insurance programs Recognize diversity among crops/regions Crop Insurance Supplemental Coverage Option (SCO) – An area-wide crop insurance product that can be purchased in addition to individual buy-up coverage. Designed to cover a portion of the crop insurance deductible Coverage by practice – Beginning with the 2014 crop year, producers who grow a crop on both dry land and irrigated land may elect a different coverage level for each production practice 70% Yield Plug – For all crop years within a producers 10-year APH the yield plug is increased to 70% of the applicable transition yield Crop Insurance Enterprise Units – Makes the premium subsidy for enterprise units permanent Information Sharing – Requires FSA to provide an authorized agent or an approved insurance provider (AIP) information that may assist in insuring the producer Authority to Correct Errors – Authorizes AIPs and agents to correct unintentional errors to ensure accuracy of all insurance information Cotton – Cotton producers are ineligible for Title 1 programs but may purchase an enhanced area-wide crop insurance product (STAX) with a $0.6861/lb reference price Role of Commodity Programs Elimination of Direct Payments (1) most bankable (2) most trade-compliant (3) direction much of the rest of the world is heading Crop insurance is very important but it does not perform well under multiple years of price declines If prices drops (similar to late 1990s), how do we avoid ad hoc disaster assistance House wants to provide multi-year price protection in the commodity title to complement crop insurance House vs. Senate Commodity, Crop Insurance, and Livestock Programs Component Senate House Direct Payments No No CCP Payments No No ACRE No No SURE No No County Revenue Protection Yes Yes Farm Revenue Protection Yes No Price Protection No Yes STAX Yes Yes SCO Yes Yes Marketing Loans Yes Yes Livestock Disaster Programs Yes Yes 2008 Commodity Programs - Reminder Direct Payments Paid on historical base acreage – not tied to current prices or production Average $15/acre payment for wheat CCP Paid on historical base acreage and current prices Target price program No CCP payments on wheat ACRE Based on a state and farm level trigger Payment based on state benchmark yield (not individual or county) $100 $90 $80 $ per base acre $70 $60 $50 $40 $30 $20 $10 $0 Corn Grain Sorghum Wheat Upland Cotton Rice Peanuts Soybeans 2011/12 2010/11 2009/10 2008/09 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 $ per Base Acre 80 70 60 50 40 30 20 10 0 Senate Commodity/Insurance Programs Agriculture Risk Coverage (ARC) – similar to ACRE Individual Coverage (paid on 65% of eligible planted acres) or County Coverage (paid on 80% of eligible planted acres Supplemental Coverage Option (SCO) Area-wide policy to cover a portion of the crop insurance deductible Producers pay 30% of the premium 2 options 1) Enroll in ARC, get SCO coverage up to 79% (79% - insurance plan coverage level) 2) No ARC, get SCO coverage up to 90% Triggered if county losses exceed 10% of normal levels Not available for producers enrolled in STAX STAX for cotton House Commodity/Insurance Programs Price Loss Coverage (PLC) Similar to CCP program Payment triggered if effective price (max mid-season price or LR) < references price or Revenue Loss Coverage (RLC) Similar to Senate ARC program Supplemental Coverage Option (SCO) Only available to producers enrolled in PLC – coverage up to 90% Not available to producers enrolled in RLC Triggered if county losses exceed 10% of normal levels Not available for producers enrolled in STAX STAX for cotton House vs. Senate Commodity Programs Component Senate House Farm ARC County ARC RLC PLC Guarantee Farm revenue County revenue County revenue National price Benchmark 5-yr Olympic avg yield x 5-yr Olympic avg national price* 5-yr Olympic avg yield x 5-yr Olympic avg national price* 5-yr Olympic avg yield x 5-yr Olympic avg national price** Fixed reference prices** Payment trigger Revenue<89% of benchmark Revenue<89% of benchmark Revenue<85% of benchmark National price< reference price Payment coverage 79 - 89% of benchmark 79 - 89% of benchmark 75 - 85% of benchmark Reference price – loan rate Payment rate 65% of planted acres (45% of prevent-plant) 80% of planted acres (45% of prevent-plant) 85% of planted acres (30% of prevent-plant) CCP yield x 85% of planted acres (30% of preventplant) Loan rate Same as 2008: Corn = $1.95, Soybeans = $5.00, Wheat = $2.94 *Min. benchmark reference price for peanuts ($530/ton) and rice ($13.00/cwt) **Min. benchmark reference price for wheat ($5.50), corn ($3.70), soy ($8.40), sorg hum (3.95), rice ($14), peanuts ($535 ) House vs. Senate SCO Coverage Senate SCO Coverage House Enrolled in ARC Not Enrolled in ARC RLC PLC Available? Yes Yes No Yes Deductible 21% (100%-79%) 10% (100%-90%) N.A. 10% (100%-90%) 70% 70% N.A. 70% Subsidy Rate Senate & House ARC & RLC vs. SCO • Both may compete against individual farm crop insurance • Producers may decide to lower the coverage level of their individual crop insurance and buy SCO or STAX coverage • ARC and RLC: • No premiums • 65-85% coverage on acreage • Payment limits STAX Stacked Income Protection Plan Separate insurance program for upland cotton Shallow-loss, area-wide revenue insurance Voluntary program - farmers can supplement existing revenue insurance with an area-wide insurance product subsidized at 80% “Stacked” feature Provides shallow-loss coverage that would sit on top of the producer’s individual crop insurance deep-loss product Uses an area-wide revenue product or group risk income protection (GRIP) program Losses determined at the county level rather than the farm level Area-wide policies such as GRIP are generally cheaper than farm-level policies since the risk of loss is pooled at a more aggregate level House vs. Senate STAX (Cotton Only) STAX Coverage Senate House Coverage Band 10-30% of expected county revenue 10-30% of expected county revenue Minimum Price N.A. $0.6861 / lb Subsidy Rate 80% 80% Payment Rate Multiplier 80-120% 80-120% Questions? Jody Campiche 528 Ag Hall 405-744-9811 jody.campiche@okstate.edu http://agecon.okstate.edu/agpolicy/index.asp?type=newsletters