New Producer Economic Security Act
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Rep. Budzinski, Nikki [D-IL-13]
ID: B001315
Bill's Journey to Becoming a Law
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Bill Summary
Another bill, another exercise in futility. Let's dissect this mess.
**Main Purpose & Objectives**
The New Producer Economic Security Act (HR 2536) claims to establish a program within the Farm Service Agency Office of Outreach and Education to support new farmers, ranchers, and forest owners. The stated goal is to provide economic security for these individuals through various forms of assistance. How quaint.
**Key Provisions & Changes to Existing Law**
The bill defines an "authorized legal entity" as any corporation, trust, or partnership with fewer than 25 shareholders, partners, or members who are natural persons involved in farm management decisions or physical labor. Eligible entities include state and local governments, Indian tribes, community development financial institutions, and certain non-profit organizations.
The program will provide assistance to qualified beneficiaries, defined as farmers, ranchers, or forest owners who meet specific criteria, including being a natural person and having experience in serving qualified beneficiaries. The bill also outlines various types of eligible land, excluding natural areas.
**Affected Parties & Stakeholders**
This bill affects new farmers, ranchers, and forest owners, as well as the entities that will provide assistance to them. It's a veritable smorgasbord of special interests: agricultural corporations, community development financial institutions, non-profit organizations, and government agencies.
**Potential Impact & Implications**
Let's get real here. This bill is just another example of Congress's favorite pastime: throwing money at problems without addressing the underlying issues. The program will likely create a new bureaucracy, complete with its own set of inefficiencies and waste.
The real beneficiaries won't be the small farmers or ranchers but rather the large agricultural corporations and special interest groups that have lobbied for this bill. These entities will use the program to further consolidate their power and influence in the industry.
As for the qualified beneficiaries, they'll likely face a Byzantine application process, replete with bureaucratic red tape and arbitrary eligibility requirements. Those who do manage to navigate the system will receive assistance that's too little, too late, or both.
In short, this bill is just another symptom of the disease that afflicts our legislative system: the prioritization of special interests over actual solutions. It's a Band-Aid on a bullet wound, and it won't even begin to address the systemic problems facing American agriculture.
Diagnosis: Terminal stupidity, with a side of corruption and greed.
Treatment: None. This patient is beyond saving.
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Rep. Budzinski, Nikki [D-IL-13]
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 294 — Mandate for Leadership: The Conservative Promise to transforming the food system on its web site and other department-dis- seminated material, and it should expressly and regularly communicate the principles informing the objectives listed above, as well as promote these prin- ciples through legislative efforts. The USDA should also carefully review existing efforts that involve inappropriately imposing its preferred agricultural practices onto farmers. Address the Abuse of CCC Discretionary Authority. With the exception of federal crop insurance, the Commodity Credit Corporation (CCC) is generally the means by which agricultural-related farm bill programs are funded. The CCC is a funding mechanism, which, in simple terms, has $30 billion a year at its disposal.24 Section 5 of the Commodity Credit Corporation Charter Act (Charter Act)25 gives the Secretary of Agriculture broad discretionary authority to spend “unused” CCC money. However, in general, past Agriculture Secretaries have not used this power to any meaningful extent. This changed dramatically during the Trump Administration, when this discretionary authority was used to fund $28 billion in “trade aid” to farmers, consisting primarily of the Market Facilitation Program. In 2020, this authority was used for $20.5 billion in food purchases and income subsidies in response to the COVID-19 pandemic.26 At the time, critics warned that this use of the CCC, which in effect created a USDA slush fund, would lead future Administrations to abuse the CCC, such as by pushing climate-change policies.27 Predictably, this is precisely what the Biden Administration has done, using the discretionary authority to create programs out of whole cloth, arguably without statutory authority,28 for what it refers to as climate-smart agricultural practices.29 The merits of the various programs funded through the CCC discretionary authority is not the focus of this discussion. The major problem is that the Secre- tary of Agriculture is empowered to use a slush fund. Billions of dollars are being used for programs that Congress never envisioned or intended. Concern about this type of abuse is not new. In fact, from 2012 to 2017, Congress expressly limited the Agriculture Secretary’s discretionary spending authority under the Charter Act.30 And this was before the recent massive discretionary CCC spending occurred. The use of the discretionary power is a separation of powers problem, with Congress abrogating its spending power. This power is ripe for abuse—as could be expected with any slush fund—and it is a possible way to get around the farm bill process to achieve policy goals not secured during the legislative process. The next Administration should: l Refrain from using section 5 discretionary authority. The USDA can address this abuse on its own by following the lead of most Administrations and not using this discretionary authority. — 295 — Department of Agriculture l Promote legislative fixes to address abuse. Ideally, Congress would repeal the Secretary’s discretionary authority under section 5 of the Charter Act. There is no reason to maintain such authority. If Congress needs to spend money to assist farmers, it has legislative tools, including the farm bill and the annual appropriations process, to do so in a timely fashion. While not an ideal solution, Congress could also amend the Charter Act to require prior congressional approval through duly enacted legislation before any money is spent. At a minimum, Congress should amend the Charter Act to: l Limit spending to directly help farmers and ranchers address issues due to unforeseen events not already covered by existing programs and that constitute genuine emergencies that must be addressed immediately. l Prohibit the CCC from being used to assist parties beyond farmers and ranchers. l Clarify that spending is only to address problems that are temporary in nature and ensure that funding is targeted to address such problems. l Tighten the discretion within section 5 and identify ways for improper application of the Charter Act to be challenged in court. Reform Farm Subsidies. Too often, agricultural policy becomes synonymous with farm subsidy policy. This is unfortunate, because making them synony- mous fails to recognize that agricultural policy covers a wide range of issues, including issues that are outside the proper scope of the USDA, such as environ- mental regulation. However, there is no question that farm subsidies are an important issue within agricultural policy that should be addressed by any incoming Adminis- tration. There are several principles that even subsidy supporters would likely agree upon, including the need to reduce market distortions. Subsidies should not influence planting decisions, discourage proper risk management and innovation, incentivize planting on environmentally sensitive land, or create barriers to entry for new farmers. Farm subsidies can lead to these market distortions and there- fore, it would hardly be controversial to ensure that any subsidy scheme should be designed to avoid such problems. The overall goal should be to eliminate subsidy dependence. Despite what might be conventional wisdom, many farmers receive few to no subsidies,31 with most subsidies going to only a handful of commodities. According to the Congres- sional Research Service (CRS), from 2014 to 2016, 94 percent of farm program
Introduction
— 305 — Department of Agriculture and to require instead that each farm (as a function of eligibility) must have created a general best practices plan. Such a plan could be approved by the local county Soil and Water Conservation District (SWCD). The local SWCD commissioners are elected by their peers in each respective county and are better suited than the NRCS to provide guidance for farm operations in their respective jurisdictions. At a minimum, a new Administration should support legislation to divest more power to the states (and possibly local SWCDs) regarding erodible land and wetlands conservation.98 l Reform easements. The new Administration should, to the extent authorized by law, limit the use of permanent easements and collaborate with lawmakers to prohibit the USDA from creating new permanent easements.99 Other Major Issues and Specific Recommendations. Although the following issues have not been listed as “priority,” these issues are still extremely important, and the next Administration should address them. Only meat and poultry from federally inspected facilities can be sold in inter- state commerce.100 Even meat and poultry from USDA-approved state-inspected facilities may only be sold in intrastate commerce, with limited exceptions.101 This is despite the fact that states with USDA-approved inspection programs must meet and enforce requirements that are “at least equal to” those imposed under the Federal Meat and Poultry Products Inspection Acts and the Humane Methods of Slaughter Act of 1978.102 This is an unnecessary regulatory barrier that makes it difficult to get meat and poultry into interstate commerce to create more options for consumers and farmers. Legislation entitled the New Mar- kets for State-Inspected Meat and Poultry Act of 2021 would help to remove this obstacle.103 The next Administration should: l Promote legislation that would allow state-inspected meat to be sold in interstate commerce. These barriers to the sale of meat and poultry from USDA-approved state-inspected facilities should be removed. Eliminate or Reform Marketing Orders and Checkoff Programs. Mar- keting orders and checkoff programs for agricultural commodities are similar in many ways. They both allow private actors within an industry to collaborate with the federal government to compel other competitors within an industry to fund the respective marketing order or checkoff program. There are currently 22 checkoff — 306 — Mandate for Leadership: The Conservative Promise programs,104 and they focus on research and promotion of commodities such as beef and eggs. Marketing orders cover research and promotion, but also cover issues such as quality regulations and volume controls. The latter issue, volume controls, is a means to restrict supply, which drives up prices for consumers. Fortunately, there are few active volume controls.105 Marketing orders and checkoff programs are some of the most egregious pro- grams run by the USDA. They are, in effect, a tax—a means to compel speech—and government-blessed cartels. Instead of getting private cooperation, they are tools for industry actors to work with government to force cooperation. The next Administration should: l Reduce the number and scope of marketing orders and checkoff programs. The USDA should reject any new requests for marketing orders and checkoff programs to the extent authorized by law and eliminate existing programs when possible. While the programs work differently, there are often petition processes and other ways that make it difficult for affected parties to get rid of the marketing orders and checkoff programs,106 and the USDA itself may not even be required to honor requests to terminate a program.107 The USDA should make the process easier. Further, the USDA should reject any effort to bring back volume controls to limit supplies of commodities. l Work with Congress to eliminate marketing orders and checkoff programs. These programs should be eliminated, and if industry actors want to collaborate, they should do so through private means, not using the government to compel cooperation. l Promote legislation that would require regular votes. There should be regular voting for parties subject to checkoff programs and marketing orders. For example, the voting should occur at least every five years, to determine whether a marketing order or checkoff program should continue. The USDA should be required to honor the results of such a vote. Through regular voting, parties can demonstrate their support for a marketing order or checkoff program and ensure that those administering them will be held accountable. Focus on Trade Policy, Not Trade Promotion. The USDA’s Foreign Agri- cultural Service (FAS) covers numerous issues, including “trade policy,” which is a reference to removing trade barriers, among other things, to ensure an envi- ronment conducive to trade.108 It also covers trade promotion.109 This includes programs like the Market Access Program110 that subsidizes trade associations,
Introduction
— 305 — Department of Agriculture and to require instead that each farm (as a function of eligibility) must have created a general best practices plan. Such a plan could be approved by the local county Soil and Water Conservation District (SWCD). The local SWCD commissioners are elected by their peers in each respective county and are better suited than the NRCS to provide guidance for farm operations in their respective jurisdictions. At a minimum, a new Administration should support legislation to divest more power to the states (and possibly local SWCDs) regarding erodible land and wetlands conservation.98 l Reform easements. The new Administration should, to the extent authorized by law, limit the use of permanent easements and collaborate with lawmakers to prohibit the USDA from creating new permanent easements.99 Other Major Issues and Specific Recommendations. Although the following issues have not been listed as “priority,” these issues are still extremely important, and the next Administration should address them. Only meat and poultry from federally inspected facilities can be sold in inter- state commerce.100 Even meat and poultry from USDA-approved state-inspected facilities may only be sold in intrastate commerce, with limited exceptions.101 This is despite the fact that states with USDA-approved inspection programs must meet and enforce requirements that are “at least equal to” those imposed under the Federal Meat and Poultry Products Inspection Acts and the Humane Methods of Slaughter Act of 1978.102 This is an unnecessary regulatory barrier that makes it difficult to get meat and poultry into interstate commerce to create more options for consumers and farmers. Legislation entitled the New Mar- kets for State-Inspected Meat and Poultry Act of 2021 would help to remove this obstacle.103 The next Administration should: l Promote legislation that would allow state-inspected meat to be sold in interstate commerce. These barriers to the sale of meat and poultry from USDA-approved state-inspected facilities should be removed. Eliminate or Reform Marketing Orders and Checkoff Programs. Mar- keting orders and checkoff programs for agricultural commodities are similar in many ways. They both allow private actors within an industry to collaborate with the federal government to compel other competitors within an industry to fund the respective marketing order or checkoff program. There are currently 22 checkoff
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.