LOAN ORIGINATION FEES AND OTHER SAVINGS.

SEC. 1105. LOAN ORIGINATION FEES AND OTHER SAVINGS. (a) Oilseeds.—Section 205 of the Agricultural Act of 1949 (as added by section 701(2) of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (1) the following new subsection: “(m) Loan Origination Fee.— “(1) Loans.— The Secretary shall charge a producer a loan origination fee for a crop of oilseeds, in connection with making a loan, equal to the product obtained by multiplying— “(A) the loan level determined for the crop under subsection (c); by “(B) 2 percent; by “(C) the quantity of oilseeds for which the producer obtains the loan. “(2) Loan deficiency payments.—The Secretary shall deduct, from the amount of any loan deficiency payment made under subsection (e), an amount equal to the amount of the loan origination fee that would otherwise be paid under paragraph (1) if the producer obtained a loan rather a loan deficiency payment.”. (b) Peanuts.— 104 STAT. 1388–4 (1) In general.— Section 108B of the Agricultural Act of 1949 (as added by section 806 of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (0 the following new subsection: “(g) Marketing Assessment.— “(1) In general.—The Secretary shall provide, by regulation, for a non refundable marketing assessment applicable to each of the 1991 through 1995 crops of peanuts. The assessment shall be made in accordance with this subsection and shall be on a per pound basis in an amount equal to 1 percent of the national average quota or additional peanut support rate per pound, as applicable, for the applicable crop. No peanuts shall be assessed more than 1 percent of the applicable support rate under this subsection. “(2) First purchasers.— “(A) In general.— Except as provided under paragraphs (3) and (4), the first purchaser of peanuts shall— “(i) collect from the producer a marketing assessment equal to ½ percent of the applicable national average support rate times the quantity of peanuts acquired; “(ii) pay, in addition to the amount collected under clause (i), a marketing assessment in an amount equal to 14 percent of the applicable national average support rate times the quantity of peanuts acquired; and “(iii) remit the amounts required under clauses (i) and (ii) to the Commodity Credit Corporation in a manner specified by the Secretary. “(B) Definition.—For purposes of this subsection, the term ‘first purchaser’ means a person acquiring peanuts from a producer except that in the case of peanuts forfeited by a producer to the Commodity Credit Corporation, such term means the person acquiring the peanuts from the Commodity Credit Corporation. “(3) Other private marketings.—In the case of a private marketing by a producer directly to a consumer through a retail or wholesale outlet or in the case of a marketing by the producer outside of the continental United States, the producer shall be responsible for the full amount of the assessment and shall remit the assessment by such time as is specified by the Secretary, “(4) Loan peanuts.—In the case of peanuts that are pledged as collateral for a price support loan made under this section, 14 of the assessment shall be deducted from the proceeds of the loan. The remainder of the assessment shall be paid by the first purchaser of the peanuts. For purposes of computing net gains on peanuts under this section, the reduction in loan proceeds shall be treated as having been paid to the producer. “(5) Penalties.— If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— “(A) the quantity of peanuts involved in the violation; by 104 STAT. 1388–5 “(B) the national average quota peanut price support level for the applicable crop year. “(6) Enforcement.—The Secretary may enforce this subsection in the courts of the United States.”. (2) Conforming Amendment.—Section 108B(a)(2) of the Agricultural Act of 1949 (as added by section 806(3) of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended by inserting after “cost of Land” the following: “and the cost of any assessments required under subsection (gr. (c) Sugar.—Section 206 of the Agricultural Act of 1949 (as added by section 901(2) of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: “(i) Marketing Assessment.— “(1) Sugarcane.—Effective only for each of the 1991 through 1995 crops of sugarcane, the first processor of sugarcane shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment in an amount equal to .18 cents per pound of raw cane sugar processed by the processor from domestically produced sugarcane. “(2) Sugar beets.—Effective only for each of the 1991 through 1995 crops of sugar beets, the first processor of sugar beets shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment in an amount equal to .193 cents per pound of beet sugar processed by the processor from domestically produced sugar beets. “(3) Collection.—Marketing assessments required under this subsection shall be collected and remitted to the Commodity Credit Corporation in the manner prescribed by the Secretary and shall be nonrefundable. “(4) Penalties.— If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for record keeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— “(A) the quantity of cane sugar or beet sugar involved in the violation; by “(B) the support level for the applicable crop of sugarcane or sugar beets. “(5) Enforcement.—The Secretary may enforce this subsection in the courts of the United States.”. (d) Honey.—Section 207 of the Agricultural Act of 1949 (as added by section 1001 of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new sub-section: “(i) Marketing Assessment.— “(1) In general.—Effective only for each of the 1991 through 1995 crops of honey, producers and producer-packers of honey (as defined in paragraphs (5) and (9), respectively, of section 3 of the Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4602)) shall remit to the Commodity Credit Corporation a nonrefundable marketing assessment on a per pound 104 STAT. 1388–6 basis in an amount equal to 1 percent of the national price support level for each such crop as otherwise provided in this section. “(2) Collection.—The assessment shall be collected and remitted by the first handler of honey in the manner prescribed by the Secretary which, to the extent practicable, shall be as provided for in the Honey Research, Promotion, and Consumer Information Act. “(3) Exemptions.—All persons who are exempt from the payment of the assessment authorized by such Act, and all imported honey, shall be exempt from the payment of the assessment required by this subsection. “(4) Penalties.— If any person fails to collect or remit the reduction required by this subsection or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— “(A) the quantity of honey involved in the violation; by “(B) the support level for the applicable crop of honey. “(5) Enforcement.—The Secretary may enforce this subsection in the courts of the United States.”. (e) Wool and Mohair.—Section 704 of the National Wool Act of 1954 (7 U.S.C. 1783) (as amended by section 201(b) of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended by adding at the following new subsection: “(c) Marketing Assessments.—Effective only for each of the 1991 through 1995 marketing years for wool and mohair, the Secretary shall deduct an amount from the payment to be made available to producers of wool and mohair under subsection (a) equal to 1 percent of the payment.”. (f) Tobacco.—Section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is amended by adding at the end the following new subsection: “(g) (1) Effective only for each of the 1991 through 1995 crops of tobacco for which price support is made available under this Act, producers and purchasers of such tobacco shall each remit to the Commodity Credit Corporation a nonrefundable marketing assessment in an amount equal to .5 percent of the national price support level for each such crop as otherwise provided for in this section. (2) Such producer assessments and purchaser assessments shall be— (A) collected in the same manner as provided for in section 106A(d)(2) or 106B(d)(3), as applicable; and (B) enforced in the same manner as provided in section 106A(h) or 106B(j), as applicable. (3) The Secretary may enforce this subsection in the courts of the United States.”. (g) Other Savings.—Section 204 of the Agricultural Act of 1949 (as added by section 101 of the Food, Agriculture, Conservation, and Trade Act of 1990) is amended— (1) in subsection (g)— (A) in paragraph (1), by striking “1991 through 1994” and inserting “1992 through 1995”; (B) in the matter preceding subparagraph (A) of paragraph (2)— (i) by inserting after “purchases” the following: “in the following calendar year”; and 104 STAT. 1388–7 (ii) by inserting after “producers” the following: “in such following calendar year”; and (C) in paragraph (2)(B), by striking “that calendar year” and inserting “such following calendar year”; (2) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (3) by inserting after subsection (g) the following new subsections: “(h) Reduction in Price Received.— “(1) In general.—Beginning January 1, 1991, the Secretary shall provide for a reduction in the price received by producers for all milk produced in the United States and marketed by producers for commercial use, in addition to any reduction in price required under subsection (g). “(2) Amount.— The amount of the reduction under paragraph (1) in the price received by producers shall be— “(A) during calendar year 1991, 5 cents per hundred-weight of milk marketed; and “(B) during each of the calendar years 1992 through 1995, 11.25 cents per hundredweight of milk marketed, which rate shall be adjusted on or before May 1 of each of the calendar years 1992 through 1995 by an amount per hundredweight that is necessary to compensate for refunds made under paragraph (3) on the basis of marketings in the previous calendar year. “(3) Refunds.—The Secretary shall provide a refund of the entire reduction under paragraph (2) in the price of milk received by a producer during a calendar year, if the producer provides evidence that the producer did not increase marketings in the calendar year that such reduction was in effect when compared to the immediately preceding calendar year. “(i) Enforcement.— “(1) Collection.—Reductions in price required under subsection (g) or (h) shall be collected and remitted to the Commodity Credit Corporation in the manner prescribed by the Secretary. “(2) Penalties.— If any person fails to collect or remit the reduction required by subsection (g) or (h) or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out such subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying— “(A) the quantity of milk involved in the violation; by. “(B) the support rate for the applicable calendar year for milk “(3) Enforcement.—The Secretary may enforce subsection (g) or (h) in the courts of the United States.”.