Agricultural Assistance Act of 2005 - Directs the Secretary of Agriculture to make payments to producers on a farm eligible for 2005 direct payments for a covered commodity if: (1) the farm is located in a disaster county; or (2) the producers on the farm have incurred qualifying 2005 crop losses due to damaging weather or related conditions.
Requires as a condition for such assistance that producers of: (1) a covered commodity and other insurable commodities for each of the next two crop years obtain at least federal crop catastrophic risk protection, and in the event of contract violation repay any assistance received; and (2) eligible noninsurable commodities for each of the next two crop or calendar years file the required paperwork, and pay the administrative fee by the state filing deadline, and in the event of contract violation repay any assistance received.
Directs the Secretary to: (1) make emergency financial assistance to producers (crop, timber, fisheries, and livestock producers) who have incurred losses in a disaster-designated county; (2) use Commodity Credit Corporation (CCC) funds to carry out the 2002 Livestock Compensation Program for livestock producers in a disaster county, and for catfish producers; (3) transfer CCC funds for emergency surplus removal of agricultural commodities; (4) use CCC funds for assistance to fruit and vegetable producers, and for producers and first handlers of the 2005 cottonseed crop; and (5) make CCC commodity or payment assistance to certain loan-eligible first processors in a disaster-designated state to partially compensate producers and first processors for crop and other losses related to such natural disaster.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3702 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3702
To provide emergency assistance to agricultural producers who have
suffered losses as a result of drought, Hurricane Katrina, and other
natural disasters occurring during 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2005
Mr. Berry introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To provide emergency assistance to agricultural producers who have
suffered losses as a result of drought, Hurricane Katrina, and other
natural disasters occurring during 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Agricultural Assistance Act of
2005''.
SEC. 2. DEFINITIONS.
In this title:
(1) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1001 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7901).
(2) Disaster county.--The term ``disaster county'' means a
county included in the geographic area covered by a natural
disaster declaration and each county contiguous to a county
included in the geographic area covered by a natural disaster
declaration.
(3) Eligible noninsurable commodity.--The term ``eligible
noninsurable commodity'' means an eligible crop for which the
producers on a farm are eligible to obtain assistance under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
(4) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) produced
in an area that is eligible for coverage under a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(5) Livestock assistance program.--The term ``livestock
assistance program'' means--
(A) the 2002 Cattle Feed Program announced by the
Secretary on September 3, 2002 (67 Fed. Reg. 56260), to
the extent extended to cover 2005 natural disaster
declarations;
(B) the 2002 Livestock Compensation Program, as
announced by the Secretary on October 10, 2002 (67 Fed.
Reg. 63070), and modified in accordance with section
203(a) of the Agricultural Assistance Act of 2003
(title II of division N of the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7; 117
Stat. 539; 7 U.S.C. 3801 note) and section 5(a); and
(C) the livestock loss assistance program required
by section 5(b).
(6) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(A) a natural disaster declared by the Secretary
during calendar year 2005 under section 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)) or declared by the Secretary during calendar
year 2006 under such section, but regarding which a
request was pending as of December 31, 2005; or
(B) a major disaster or emergency designated by the
President during calendar year 2005 under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) or designated by the President
during calendar year 2006 under such Act, but regarding
which a request was pending as of December 31, 2005.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED COMMODITIES.
(a) Payments Required.--The Secretary shall make payments to
producers on a farm eligible for direct payments for the 2005 crop of a
covered commodity under section 1103 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7913) if--
(1) the farm is located in a disaster county; or
(2) the producers on the farm have incurred qualifying crop
losses with respect to the 2005 crop of a covered commodity due
to damaging weather or related condition, as determined by the
Secretary, using the same loss thresholds for the quantity and
quality losses as were used in administering section 815 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-
387; 114 Stat. 1549, 1549A-55).
(b) Amount.--The amount of the payment made to the producers on a
farm under this section shall be equal to 50 percent of the amount of
the direct payment the producers on the farm are eligible to receive
for the 2005 crop under sections 1103 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7913).
(c) Crop Insurance.--As a condition of the receipt of a payment
under this section, the producers on the farm shall enter into a
contract with the Secretary under which the producers on the farm
agree--
(1) in the case of the covered commodity and all other
insurable commodities produced on the farm for each of the next
two crop years--
(A) to obtain at least catastrophic risk protection
coverage for those commodities under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section; and
(2) in the case of all eligible noninsurable commodities
produced on the farm for each of the next two crop or calendar
years, as applicable--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for those commodities under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section.
(d) Administration.--The total amount of payments made to a person
under this section for one or more covered commodities shall not exceed
the dollar amounts that are specified in section 1001(b)(1) of the Food
Security Act of 1985 (7 U.S.C. 1308(b)(1)).
(e) Relation to Other Assistance.--Persons that elect to receive
payments under this section for a covered commodity are not eligible
for crop loss assistance under section 4 for the same commodity.
(f) Time for Payment.--The Secretary shall make payments under this
section as soon as practicable after the date of enactment of this Act.
SEC. 4. CROP LOSS ASSISTANCE.
(a) Assistance Available.--The Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to make
emergency financial assistance available to producers on a farm that
have incurred losses in a disaster county as a result of the disaster
for which the natural disaster declaration was made, as determined by
the Secretary.
(b) Administration.--Subject to subsection (a), the Secretary shall
make assistance available under this section in the same manner as
provided under section 1102 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 1999
(7 U.S.C. 1421 note; Public Law 105-277), including using the same loss
thresholds as were used in administering that section.
(c) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are, as determined by the
Secretary--
(1) quantity losses;
(2) quality losses; or
(3) severe economic losses due to damaging weather or
related condition.
(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from
which a crop is harvested, livestock, and fisheries), as determined by
the Secretary, due to the disaster for which the natural disaster
declaration was made.
(e) Relation to Other Assistance.--Persons that elect to receive
assistance under this section for a covered commodity are not eligible
for supplemental direct payments for the same covered commodity under
section 3.
(f) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
SEC. 5. LIVESTOCK ASSISTANCE.
(a) Continuation of Assistance Program.--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), and under such Program, the Secretary shall provide
assistance to any applicant that--
(1) 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; or
(2) 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.
(b) Livestock Loss Assistance Program.--Subject to subsection (c),
the Secretary shall use $250,000,000 of funds of the Commodity Credit
Corporation to carry out a program to make payments to producers for
livestock losses occurring in a disaster county. The payments shall be
made using the criteria established to carry out the 1999 Livestock
Assistance Program.
(c) Relationship of Livestock Assistance Programs.--The amount of
assistance that the producers on a farm would receive for a loss under
a livestock assistance program, in the absence of the operation of this
subsection, shall be reduced by the amount of the assistance that the
producers on the farm receive under any other livestock assistance
program.
(d) Use of Commodity Credit Corporation Funds.--Effective beginning
on the date of enactment of this Act, the Secretary shall carry out the
2002 Livestock Compensation Program using funds of the Commodity Credit
Corporation.
SEC. 6. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of the Commodity
Credit Corporation to the fund established by section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), to carry out emergency surplus removal
of agricultural commodities.
SEC. 7. SPECIALTY CROPS.
The Secretary shall use $50,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers directly or
through grants to States, or take such other action as the Secretary
determines is appropriate, to assist producers of fruits and
vegetables.
SEC. 8. COTTONSEED.
The Secretary shall use $50,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers and first
handlers of the 2005 crop of cottonseed.
SEC. 9. ADDITIONAL HURRICANE ASSISTANCE.
(a) In General.--In any State described in section 359f(c)(1)(A) of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)) in a
which a natural disaster declaration is in effect, the Secretary shall
make available to first processors that are eligible to obtain a loan
under section 156(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7272(a)) assistance in the form of payments, or
commodities in the inventory of the Commodity Credit Corporation from
carrying out that section, to partially compensate producers and first
processors for crop and other losses that are related to the natural
disaster declaration.
(b) Administration.--Assistance under this section shall be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a manner
that reflects contracts entered into between the processor and
the producers; and
(2) made available under such terms and conditions as the
Secretary determines are necessary to carry out this section.
(c) Quantity.--To carry out this section, the Secretary shall--
(1) use 200,000 tons of commodities in the inventory of the
Commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to the
market value of 200,000 tons of commodities described in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total market
value of 200,000 tons of commodities described in paragraph
(1).
SEC. 10. FUNDING.
(a) In General.--The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act,
and such funds shall remain available until expended.
(b) Administration.--The Secretary, acting through the Farm Service
Agency, may use not more than $70,000,000 of funds of the Commodity
Credit Corporation to cover administrative costs associated with the
implementation of this Act and title I of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7901 et seq.), and such funds shall
remain available until expended.
SEC. 11. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(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; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
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