HR 4177 IHCommentsClose CommentsPermalink

To provide emergency disaster assistance to certain agricultural producers that suffered losses during 2009, to provide emergency disaster assistance to certain livestock producers that suffered losses during 2008 or 2009, and for other purposes.CommentsClose CommentsPermalink

December 2, 2009CommentsClose CommentsPermalink

Mr. BERRY (for himself and Mr. CHILDERS) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To provide emergency disaster assistance to certain agricultural producers that suffered losses during 2009, to provide emergency disaster assistance to certain livestock producers that suffered losses during 2008 or 2009, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Agricultural Disaster Assistance Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Supplemental direct payment.CommentsClose CommentsPermalink





Sec. 4. Specialty crop assistance.CommentsClose CommentsPermalink





Sec. 5. Cottonseed assistance.CommentsClose CommentsPermalink





Sec. 6. Livestock assistance.CommentsClose CommentsPermalink





Sec. 7. Relation to other laws.CommentsClose CommentsPermalink





Sec. 8. Regulations.CommentsClose CommentsPermalink





Sec. 9. Funding source.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DISASTER COUNTY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘disaster county’ means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2009, except that, in the case of livestock assistance authorized under section 6, the term includes a county included in the geographic area covered by qualifying natural disaster declaration for calendar year 2008 or 2009.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘disaster county’ does not include a contiguous county.CommentsClose CommentsPermalink





(2) ELIGIBLE PRODUCER- The term ‘eligible producer’ means an agricultural producer in a disaster county.CommentsClose CommentsPermalink





(3) ELIGIBLE SPECIALTY CROP PRODUCER- The term ‘eligible specialty crop producer’ means an agricultural producer that, during the 2009 calendar year, as determined by the Secretary--CommentsClose CommentsPermalink





(A) produced, or were prevented from planting, a specialty crop in 1 or more disaster counties; andCommentsClose CommentsPermalink





(B) experienced crop losses associated with drought or excessive rainfall.CommentsClose CommentsPermalink





(4) QUALIFYING NATURAL DISASTER DECLARATION- The term ‘qualifying natural disaster declaration’ means a natural disaster declared by the Secretary for production losses under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)).CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(6) SPECIALTY CROP- The term ‘specialty crop’ has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621 note).CommentsClose CommentsPermalink

SEC. 3. SUPPLEMENTAL DIRECT PAYMENT.

Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to make a supplemental payment under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713) to eligible producers that previously received a payment under that section.CommentsClose CommentsPermalink

SEC. 4. SPECIALTY CROP ASSISTANCE.

(a) In General- Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $650,000,000, to remain available until September 30, 2011, to carry out a program of grants to States to assist eligible specialty crop producers for losses associated with drought or excessive rainfall during the 2009 calendar year.CommentsClose CommentsPermalink





(b) Notification- Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible specialty crop producers, including such terms as are determined by the Secretary to be necessary for the equitable treatment of eligible specialty crop producers.CommentsClose CommentsPermalink





(c) Provision of Grants-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall make grants to States under this section on a pro rata basis based on the value of specialty crop production during the 2008 calendar year, as determined by the Secretary.CommentsClose CommentsPermalink





(2) TIMING- Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this section.CommentsClose CommentsPermalink





(3) MAXIMUM GRANT- The maximum amount of a grant made to a State under this section may not exceed $40,000,000.CommentsClose CommentsPermalink





(d) Requirements- The Secretary shall make grants under this section only to States that demonstrate to the satisfaction of the Secretary that the State will--CommentsClose CommentsPermalink





(1) use grant funds to assist eligible specialty crop producers;CommentsClose CommentsPermalink





(2) provide assistance to eligible specialty crop producers not later than 60 days after the date on which the State receives grant funds; andCommentsClose CommentsPermalink





(3) not later than 30 days after the date on which the State provides assistance to eligible specialty crop producers, submit to the Secretary a report that describes--CommentsClose CommentsPermalink





(A) the manner in which the State provided assistance;CommentsClose CommentsPermalink





(B) the amounts of assistance provided by type of specialty crop; andCommentsClose CommentsPermalink





(C) the process by which the State determined the levels of assistance to eligible specialty crop producers.CommentsClose CommentsPermalink

SEC. 5. COTTONSEED ASSISTANCE.

(a) In General- Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $42,000,000 to provide supplemental assistance to eligible producers and first-handlers of the 2009 crop of cottonseed in disaster counties.CommentsClose CommentsPermalink





(b) General Terms- Except as otherwise provided in this section, the Secretary shall provide disaster assistance under this section under the same terms and conditions as assistance provided under section 3015 of the Emergency Agricultural Disaster Assistance Act of 2006 (title III of Public Law 109-234; 120 Stat. 477).CommentsClose CommentsPermalink





(c) Distribution of Assistance- The Secretary shall distribute assistance to first handlers for the benefit of eligible producers in a disaster county in an amount equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(1) the payment rate, as determined under subsection (d); andCommentsClose CommentsPermalink





(2) the county-eligible production, as determined under subsection (e).CommentsClose CommentsPermalink





(d) Payment Rate- The payment rate shall be equal to the quotient obtained by dividing--CommentsClose CommentsPermalink





(1) the sum of the county-eligible production, as determined under subsection (e); byCommentsClose CommentsPermalink





(2) the total funds made available to carry out this section.CommentsClose CommentsPermalink





(e) County-Eligible Production- The county-eligible production shall be equal to the product obtained by multiplying--CommentsClose CommentsPermalink





(1) the number of acres planted to cotton in the disaster county, as reported to the Secretary by first-handlers;CommentsClose CommentsPermalink





(2) the expected cotton lint yield for the disaster county, as determined by the Secretary based on the best available information; andCommentsClose CommentsPermalink





(3) the national average seed-to-lint ratio, as determined by the Secretary based on the best available information for the 5 crop years immediately preceding the 2009 crop, excluding the year in which the average ratio was the highest and the year in which the average ratio was the lowest in such period.CommentsClose CommentsPermalink

SEC. 6. LIVESTOCK ASSISTANCE.

(a) Livestock Compensation Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to subsection (c), the Secretary shall continue to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070) (referred to in this subsection as the ‘Program’).CommentsClose CommentsPermalink





(2) ASSISTANCE- In carrying out the Program, the Secretary shall provide assistance to any applicant that--CommentsClose CommentsPermalink





(A) conducts a livestock operation that is physically located in a disaster county and meets all other eligibility requirements established by the Secretary for the Program; orCommentsClose CommentsPermalink





(B) produces an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)) and meets all other eligibility requirements established by the Secretary for the Program.CommentsClose CommentsPermalink





(b) Livestock Loss Assistance Program- Subject to subsection (c), the Secretary shall carry out a program to make payments to eligible producers for livestock losses occurring in a disaster county under the same criteria established to carry out the 1999 Livestock Assistance Program.CommentsClose CommentsPermalink





(c) Relationship of Livestock Assistance Programs- The amount of assistance that the eligible producers on a farm would otherwise receive under subsection (a) or (b) for a loss, except for the operation of this subsection, shall be reduced by the amount of the assistance that the eligible producers on the farm receive under any other livestock assistance program.CommentsClose CommentsPermalink





(d) Use of Commodity Credit Corporation Funds- The Secretary shall use $150,000,000 of the funds of the Commodity Credit Corporation to carry out the livestock assistance programs under this section.CommentsClose CommentsPermalink

SEC. 7. RELATION TO OTHER LAWS.

An eligible producer or eligible specialty crop producer that receives assistance under this Act shall be ineligible to receive assistance for the 2009 crop year under the program carried out under section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C. 2497).CommentsClose CommentsPermalink

SEC. 8. REGULATIONS.

(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement this Act.CommentsClose CommentsPermalink





(b) Procedure- The promulgation of the regulations and administration of this Act shall be made without regard to--CommentsClose CommentsPermalink





(1) the notice and comment provisions of section 553 of title 5, United States Code;CommentsClose CommentsPermalink





(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; andCommentsClose CommentsPermalink





(3) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’).CommentsClose CommentsPermalink





(c) Congressional Review of Agency Rulemaking- In carrying out this paragraph, the Secretary shall use the authority provided under section 808 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 9. FUNDING SOURCE.

(a) Offset- The Secretary of the Treasury shall rescind such funds as are necessary of funds made available under the Troubled Asset Relief Program established under title I of division A of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343; 12 U.S.C. 5211 et seq.) to reimburse the Commodity Credit Corporation for expenditures under this Act.CommentsClose CommentsPermalink





(b) Administrative Costs- The Secretary may use up to $5,000,000 of amounts made available under subsection (a) to pay administrative costs incurred by the Secretary that are directly related to carrying out this Act.CommentsClose CommentsPermalink