Emergency Food and Farm Disaster Assistance Act of 2005 - Amends the Food Stamp Act of 1977 to set forth food stamp program provisions applicable to the Hurricane Katrina disaster recovery period and the immediate disaster recovery period (as defined by this Act).
Makes additional funds available to the Secretary of Agriculture to provide emergency food assistance for displaced Hurricane Katrina victims.
Directs the Secretary to make emergency crop disaster assistance for qualifying: (1) 2005 losses due to weather or related conditions; and (2) 2006 losses due to a hurricane occurring in 2005.
Directs the Secretary to carry out: (1) a livestock compensation program for 2005 livestock losses in emergency-designated areas; (2) a livestock indemnity program for 2005 livestock losses due to hurricanes, floods, and anthrax; (3) an assistance program for domestic catfish producers hurricane disaster-designated areas in 2005; and (4) sugarcane disaster assistance for qualifying producers and first handlers in areas of Louisiana designated as disaster areas due to Hurricane Katrina.
Authorizes the Secretary to use emergency watershed protection program and emergency conservation program funds for removal and disposal of dead livestock in disaster-designated in 2005 due to Hurricane Katrina.
Directs the Secretary to provide assistance to certain private forest landowners in hurricane disaster-designated areas in 2005.
Directs the Secretary to make grants for Hurricane Katrina assistance to: (1) Alabama, Florida, Louisiana, Mississippi, and Tennessee; and (2) other states housing evacuees or suffering damage from Hurricane Katrina or a related condition.
Directs the Secretary to extend marketing assistance loan settlement dates.
Provides temporary suspension of farm loan interest in hurricane disaster-designated areas in 2005. Extends the emergency loan application period in such areas.
Amends the Consolidated Farm and Rural Development Act to provide additional loan write-down authority for farm losses in hurricane disaster-designated areas in 2004 or any subsequent year.
Directs the Secretary to temporarily suspend certain administrative offsets in hurricane disaster-designated areas in 2005.
Expresses the sense of Congress regarding the need for: (1) permanent agricultural disaster relief authority; and (2) additional assistance in response to Hurricane Katrina.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3809
To respond to Hurricane Katrina and other natural disasters in 2005
that adversely affect food assistance, agricultural producers and
households, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2005
Mr. Peterson of Minnesota (for himself, Mr. Melancon, Mr. Taylor of
Mississippi, Mr. Thompson of Mississippi, Mr. Jefferson, Mr. Baca, Mr.
Holden, Mr. McIntyre, Mr. Etheridge, Mr. Case, Mr. Cuellar, Mr. Davis
of Tennessee, Ms. Herseth, Mrs. Napolitano, Mr. Hinojosa, Mr. Cardoza,
Mr. Scott of Georgia, Mr. Marshall, Mr. Butterfield, Mr. Costa, Mr.
Salazar, Mr. Boswell, Mr. Chandler, Mr. Ortiz, Mr. Filner, Mr. Barrow,
Mr. Larsen of Washington, Mr. Gutierrez, Mr. Pomeroy, Mr. Becerra, Mr.
Oberstar, Mr. Grijalva, Mr. Reyes, Ms. Corrine Brown of Florida, and
Ms. Kaptur) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on the
Budget, 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 concerned
_______________________________________________________________________
A BILL
To respond to Hurricane Katrina and other natural disasters in 2005
that adversely affect food assistance, agricultural producers and
households, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Food and
Farm Disaster Assistance Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY FOOD ASSISTANCE
Sec. 101. Food Stamp Act assistance in response to Hurricane Katrina.
Sec. 102. Emergency food assistance program.
TITLE II--EMERGENCY FARM ASSISTANCE
Sec. 201. Crop disaster assistance.
Sec. 202. Livestock assistance.
Sec. 203. Domestic aquaculture assistance.
Sec. 204. Sugarcane disaster assistance.
Sec. 205. Conservation programs.
Sec. 206. Hurricane relief grants for certain States.
Sec. 207. Extension of marketing loans.
Sec. 208. Temporary suspension of accrual of interest on farm loan for
borrower in county for which a disaster
declaration is in effect as a result of a
hurricane in 2005.
Sec. 209. Extension of application period for emergency loans in
counties for which a disaster declaration
is in effect as a result of a hurricane in
2005.
Sec. 210. Additional debt forgiveness allowed as a result of losses
sustained as a result of a hurricane in
2005 in a county for which a disaster
declaration is in effect as a result of a
such a hurricane.
Sec. 211. Temporary extension of administrative prohibition on using
administrative offset in certain cases.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Administrative funds.
Sec. 302. Sense of Congress regarding need for permanent agricultural
disaster relief authority.
Sec. 303. Sense of Congress regarding need for additional assistance in
response to Hurricane Katrina.
Sec. 304. Regulations.
Sec. 305. Emergency designation.
TITLE I--EMERGENCY FOOD ASSISTANCE
SEC. 101. FOOD STAMP ACT ASSISTANCE IN RESPONSE TO HURRICANE KATRINA.
(a) Assistance During Disaster Recovery Period.--Section 5(h) of
the Food Stamp Act of 1977 (7 U.S.C. 2014) is amended by adding at the
end the following:
``(4) Response to Hurricane Katrina.--
``(A) During the disaster recovery period--
``(i) the Secretary shall pay each State agency an
amount equal to 90 per centum of administrative costs
allowable under section 16(a) related to serving
affected households in lieu of the payments section
16(a) would otherwise require for such costs;
``(ii) subsection (g)(2)(B)(iv) and sections
6(d)(4) and 6(o) shall not apply to affected
households;
``(iii) an affected household shall be deemed to
meet the requirements of subsection (c)(2) if its
income, as calculated under such subsection, does not
exceed the level permitted under subsection (c)(1) by
more than 50 per centum;
``(iv) except in the case of a household to which
subparagraph (B)(ii) applies, the State agency shall
calculate the income of an affected household using a
standard deduction of $323 in lieu of the deduction
provided under subsection (e)(1); and
``(v) any funds designated for rebuilding or
relocation, including payments from Federal, State, or
local governments, charitable organizations, employers,
or insurance companies, shall be excluded from
consideration under subsection (g) in determining the
eligibility of an affected household.
``(B) During the immediate disaster recovery period--
``(i) subsection (g)(2)(B)(v) and section 8(c)(1)
shall not apply to affected households;
``(ii) at the option of the State agency, the State
agency shall increase the value to the household of the
thrifty food plan determined under section 3(o) by six
per centum when calculating the value of the allotment
for an affected household under section 8(a), in lieu
of making the adjustment otherwise required by
subparagraph (A)(iv); and
``(iii) the application of an affected household
shall be processed under procedures established under
section 11(e)(9).
``(C) The Secretary shall take such action as are prudent
and reasonable under the circumstances to identify affected
households that are participating in more than one State and to
terminate the duplicate participation of such households.
Except in the case of deliberate falsehoods, no action shall be
taken against any affected household relating to any duplicate
participation during the disaster recovery period that takes
place prior to such termination.
``(D) Except in the case of intentional program violations
as determined under section 6(b), no claim shall be established
under section 13(b) relating to benefits issued under this
subsection.
``(E) For purposes of determining the payment error rate of
a State agency under section 16(c), the Secretary shall
disregard any errors resulting from the application of this
paragraph to an affected household during the disaster recovery
period.
``(F) During the disaster recovery period, an affected
household shall not be considered to customarily purchase food
and prepare meals together with other individuals if such
household did not customarily purchase food and prepare meals
for home consumption with such individuals prior to August 29,
2005.
``(G) For purposes of this paragraph--
``(i) the term `disaster recovery period' means the
period beginning on August 29, 2005, and ending on
October 1, 2006, or on such earlier date as the
Secretary determines that the States can fully meet the
needs of affected households under the other provisions
of this Act;
``(ii) the term `immediate disaster recovery
period' means the period beginning on August 29, 2005,
and ending on December 1, 2005; and
``(iii) the term `affected household' includes a
household--
``(I) that resides in an area of a State
that the Secretary determines was affected by
Hurricane Katrina or a related condition;
``(II) in which a member worked in an area
of a State that the Secretary determines was
affected by Hurricane Katrina, or a related
condition, immediately prior to August 29,
2005, and lost that employment;
``(III) containing one or more individuals
that were displaced as a result of Hurricane
Katrina or a related condition; or
``(IV) that the Secretary determines should
receive relief under this paragraph as a result
of Hurricane Katrina or a related condition.
``(H) Title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1605 et seq.)
shall not apply with respect to an affected household.''.
(b) Resources.--Section 5(g)(5) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)) is amended by inserting after the third sentence ``A
resource also shall be so identified if it is currently inaccessible to
the household because of a disaster or if it has been inaccessible
because of a disaster during the preceding three months.''.
(c) Program Information Activities.--From funds otherwise
appropriated for the food stamp program, the Secretary may expend not
more than $5,000,000 for contracts with not-for-profit organizations to
provide affected households (as defined in section 5(h)(4)(G)(iii) of
the Food Stamp Act of 1977 (7 U.S.C. 2014(h)(4)(G)(iii)) with
information about and assistance completing the application process for
any food assistance programs to which the Secretary provides funds or
commodities. Notwithstanding any other provision of law, the Secretary
shall not be required to provide public notice of the availability of
these funds or to accept competitive bids for contracts under this
subsection.
(d) Effect of More Generous Disaster Plans.--Paragraph (4) of
section 5(h) of the Food Stamp Act of 1977 (7 U.S.C. 2014), as added by
subsection (a), shall not supersede any provision of a plan approved
under section 5(h)(1) of such Act that--
(1) provides more complete or expeditious relief to
affected households (as defined in section 5(h) of such Act);
or
(2) provides assistance to more individuals.
SEC. 102. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual or household that, as
determined by the Secretary of Agriculture in consultation with the
Secretary of Homeland Security--
(1) is a victim of Hurricane Katrina or a related
condition;
(2) has been displaced by Hurricane Katrina or a related
condition; or
(3) is temporarily housing 1 or more individuals displaced
by Hurricane Katrina or a related condition.
(b) Assistance.--
(1) In general.--Notwithstanding any other provision of
law, in addition to funds otherwise made available for fiscal
year 2005 or 2006 to carry out the emergency food assistance
program established under the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.), out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture $200,000,000 to remain
available until expended to provide a variety of food to
eligible recipient agencies for providing food assistance to
eligible recipients, including--
(A) special supplemental foods for pregnant women
and infants or for other individuals with special
needs;
(B) infant formula;
(C) bottled water; and
(D) fruit juices.
(2) Use of funds.--Funds made available under paragraph (1)
may be used to provide commodities in accordance with--
(A) section 27 of the Food Stamp Act of 1977 (7
U.S.C. 2036);
(B) section 203A of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7504); and
(C) section 204 of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508).
(3) Receipt and acceptance.--The Secretary of Agriculture
shall be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under paragraph
(1), without further appropriation.
TITLE II--EMERGENCY FARM ASSISTANCE
SEC. 201. CROP DISASTER ASSISTANCE.
(a) In General.--The Secretary of Agriculture shall use such sums
as are necessary of funds of the Commodity Credit Corporation to make
emergency financial assistance authorized under this section available
to producers on a farm that have incurred qualifying losses described
in subsection (c).
(b) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture shall make assistance available under
this section in the same manner as provided under section 815
of the Agriculture, Rural Development, Food and Drug
Administration and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-55), including using the
same loss thresholds for quantity and economic losses as were
used in administering that section.
(2) Loss thresholds for quality losses.--In the case of a
payment for quality loss for a crop under subsection (c)(2),
the loss thresholds for quality loss for the crop shall be
determined under subsection (d).
(c) Qualifying Losses.--
(1) 2005 crops.--Assistance under this section may be made
available for losses due to damaging weather or any related
condition (including losses due to crop diseases and insects
and delayed harvest) associated with crops that are (as
determined by the Secretary of Agriculture) any combination of
(as determined by the producers on a farm)--
(A) quantity losses for the 2005 crop;
(B) quality losses for the 2005 crop; or
(C) severe economic losses for the 2005 crop.
(2) 2006 crops.--In the case of counties and parishes
declared to be disaster areas by the President due to a
hurricane occurring in 2005, assistance under this section also
may be made available for losses due to the hurricane or any
related condition (including losses due to crop diseases and
insects and delayed harvest) associated with crops that are (as
determined by the Secretary of Agriculture) any combination of
(as determined by the producers on a farm)--
(A) quantity losses for the 2006 crop;
(B) quality losses for the 2006 crop; or
(C) severe economic losses for the 2006 crop.
(d) Quality Losses.--
(1) In general.--Subject to paragraph (3), the amount of a
payment made to producers on a farm for a quality loss for a
crop under paragraph (1)(B) or (2)(B) of subsection (c) shall
be equal to the amount obtained by multiplying--
(A) 65 percent of the payment quantity determined
under paragraph (2); by
(B) 65 percent of the payment rate determined under
paragraph (3).
(2) Payment quantity.--For the purpose of paragraph (1)(A),
the payment quantity for quality losses for a crop of a
commodity on a farm shall equal the lesser of--
(A) the actual production of the crop of the
commodity on the farm; or
(B) the quantity of expected production of the crop
of the commodity on the farm, using the formula used by
the Secretary of Agriculture to determine quantity
losses for the crop of the commodity under paragraph
(1)(A) and (2)(A) of subsection (c).
(3) Payment rate.--For the purpose of paragraph (1)(B) and
in accordance with paragraphs (5) and (6), the payment rate for
quality losses for a crop of a commodity on a farm shall be
equal to the difference between--
(A) the per unit market value that the units of the
crop affected by the quality loss would have had if the
crop had not suffered a quality loss; and
(B) the per unit market value of the units of the
crop affected by the quality loss.
(4) Eligibility.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under paragraph
(1)(B) or (2)(B) of subsection (c), the amount obtained by
multiplying the per unit loss determined under paragraph (1) by
the number of units affected by the quality loss shall be at
least 20 percent of the value that all affected production of
the crop would have had if the crop had not suffered a quality
loss.
(5) Marketing contracts.--In the case of any production of
a commodity that is sold pursuant to one or more marketing
contracts (regardless of whether the contract is entered into
by the producers on the farm before or after harvest) and for
which appropriate documentation exists, the quantity designated
in the contracts shall be eligible for quality loss assistance
based on the one or more prices specified in the contracts.
(6) Other production.--For any additional production of a
commodity for which a marketing contract does not exist or for
which production continues to be owned and produced by the
producers on a farm, quality losses shall be based on the
average local market discounts for reduced quality, as
determined by the appropriate State committee of the Farm
Service Agency.
(7) Quality adjustments and discounts.--The appropriate
State committee of the Farm Service Agency shall identify the
appropriate quality adjustment and discount factors to be
considered in carrying out this subsection, including the
average local discount or loans made by the Farm Service Agency
or crop insurance coverage under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.).
(8) Eligible production.--The Secretary of Agriculture
shall carry out this subsection in a fair and equitable manner
for all eligible production, including the production of fruits
and vegetables, other specialty crops, and field crops.
(e) Eligibility for Assistance.--
(1) In general.--Except as provided in paragraph (2), the
producers on a farm shall not be eligible for assistance under
this section with respect to losses to an insurable commodity
or noninsurable commodity if the producers on the farm--
(A) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for the crop incurring the losses;
(B) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) for the crop incurring the
losses;
(C) had average adjusted gross income (as defined
by section 1001D(a) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004;
or
(D) were not in compliance with highly erodible
land conservation and wetland conservation provisions.
(2) Contract waiver.--The Secretary of Agriculture may
waive paragraph (1) with respect to the producers on a farm if
the producers enter into a contract with the Secretary under
which the producers agree--
(A) in the case of an insurable commodity, to
obtain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) providing
additional coverage for the insurable commodity for
each of the next two crops, at a coverage level this
provides--
(i) not less than 65 percent of the actual
production history for the crop produced on the
farm; and
(ii) 100 percent of the expected market
price or a comparable coverage (as determined
by the Federal Crop Insurance Corporation); and
(B) in the case of a noninsurable commodity, to
file the required paperwork and pay the administrative
fee by the applicable State filing deadline, for the
noninsurable commodity for each of the next two crops
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(3) Effect of violation.--In the event of the violation of
a contract under paragraph (2) by a producer, the producer
shall reimburse the Secretary of Agriculture for the full
amount of the assistance provided to the producer under this
section.
(f) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance provided
under this section to a producer for losses to a crop, together
with the amounts specified in paragraph (2) applicable to the
same crop, may not exceed 100 percent of what the value of the
crop would have been in the absence of the losses, as estimated
by the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary of Agriculture shall include the
following:
(A) Any crop insurance payment made under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or
payment under section 196 of the Federal Agricultural
Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
the producer receives for losses to the same crop.
(B) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(g) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means a 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).
SEC. 202. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Program required.--The Secretary of Agriculture shall
use such sums as are necessary of funds of the Commodity Credit
Corporation to carry out a Livestock Compensation Program to
make payments for 2005 livestock-related losses in counties and
parishes that have received an emergency designation by the
President or the Secretary during calendar year 2005. An amount
determined by the Secretary shall be made available for the
American Indian Livestock Feed Program under section 806 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-
387; 114 Stat. 1549A-51).
(2) Administration.--To carry out the Livestock
Compensation Program under this subsection, the Secretary of
Agriculture shall use the criteria established under the
program referred to in 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), except that the term ``livestock'' includes
swine, beefalo (when maintained on the same basis as beef
cattle), elk, reindeer, bison, equine animals used for food or
used directly in the production of food, or other livestock as
determined by the Secretary.
(b) Livestock Indemnity Program.--
(1) Program required.--The Secretary of Agriculture shall
use such sums as are necessary of funds of the Commodity Credit
Corporation to carry out a Livestock Indemnity Program to make
payments to producers on farms that have incurred livestock
losses during calendar year 2005, as determined by the
Secretary, including losses due to hurricanes, floods, and
anthrax.
(2) Administration.--To carry out the Livestock Indemnity
Program under this subsection, the Secretary of Agriculture
shall use the criteria established under the program referred
to under the heading ``livestock indemnity program'' in chapter
1 of title I of the 1999 Emergency Supplemental Appropriations
Act (Public Law 106-31; 113 Stat. 59).
(c) Program for Contract Livestock Producers.--
(1) Program required.--The Secretary of Agriculture shall
use such sums as are necessary of funds of the Commodity Credit
Corporation to make payments to persons who raise livestock
owned by other persons for income losses sustained with respect
to livestock during 2005 if the Secretary finds that the losses
are the result of a natural disaster.
(2) Administration.--To carry out the program under this
subsection, the Secretary of Agriculture shall use the criteria
established under the program referred to under the heading
``livestock program'' in H.R. 3425 of the 106th Congress, as
enacted into law by section 1000(a)(5) of Public Law 106-113
(Appendix E; 113 Stat. 1536, 1501A-290).
(d) Dairy Production and Spoilage Losses.--The Secretary of
Agriculture shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make payments to dairy producers in
counties and parishes declared to be disaster areas by the President in
2005 due to a hurricane for dairy production losses, including losses
due to sustained animal health problems as a result of the disaster,
and dairy spoilage losses.
SEC. 203. DOMESTIC AQUACULTURE ASSISTANCE.
(a) Program Required.--The Secretary of Agriculture shall use such
sums as are necessary of funds of the Commodity Credit Corporation to
carry out a program to make payments for the loss of catfish (as
defined by section 10806(a)(1) of the Food Security and Rural
Investment Act of 2002 (21 U.S.C. 321d)) in counties and parishes
declared to be disaster areas by the President in 2005 due to a
hurricane.
(b) Administration.--To carry out the program under this
subsection, the Secretary of Agriculture shall use the criteria
established for catfish under the program referred to in 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).
SEC. 204. SUGARCANE DISASTER ASSISTANCE.
(a) Compensation for Losses.--The Secretary of Agriculture shall
make available to first processors of sugarcane that operate in
parishes in the State of Louisiana declared to be disaster areas by the
President due to Hurricane Katrina and related conditions and 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 derived from carrying out that
section, to partially compensate producers and first processors for
crop and other losses related to the disaster declaration.
(b) Administration.--Assistance under subsection (a) 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 of Agriculture determines are necessary to carry out
subsection (a).
(c) Amount of Assistance.--To carry out subsection (a), the
Secretary of Agriculture shall--
(1) use 336,697 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 the quantity of commodities specified in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total value
equal to the market value of the quantity of commodities
specified in paragraph (1).
SEC. 205. CONSERVATION PROGRAMS.
(a) Removal of Dead Livestock.--The Secretary of Agriculture may
use funds made available for the emergency watershed protection program
established under section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) and the emergency conservation program established
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201
et seq.) to cover the costs of the removal and disposal of dead
livestock in counties and parishes declared to be disaster areas by the
President in 2005 due to Hurricane Katrina, regardless of whether the
costs are incurred by the owner of the livestock or other persons.
(b) Swampbuster Waiver.--Subtitle C of title XII of the Food
Security Act of 1985 (16 U.S.C. 3821 et seq.) shall not apply to the
provision of assistance under the emergency watershed protection
program or the emergency conservation program in counties and parishes
declared to be disaster areas by the President in 2005 due to Hurricane
Katrina.
(c) Forestry Assistance Program.--The Secretary of Agriculture
shall use such sums as are necessary of funds of the Commodity Credit
Corporation to provide assistance to private forest landowners owning
not more than 5,000 acres of forest crop in counties and parishes
declared to be disaster areas by the President in 2005 due to a
hurricane for the purposes of debris removal, replanting of timber, and
other such purposes.
(d) Release From Tree Replanting Requirement.--In the case of land
enrolled in the conservation reserve under section 1231 of the Food
Security Act of 1985 (16 U.S.C. 3831) and devoted to trees under the
conservation reserve contract, if the trees were destroyed or damaged
due to a hurricane occurring in 2005, the failure of the owner or
operator of the farm subject to the contract to replant the land to
tree cover--
(1) shall not be considered to be a violation of the
contract; and
(2) shall not affect the eligibility of the owner or
operator for rental payments under the contract.
SEC. 206. HURRICANE RELIEF GRANTS FOR CERTAIN STATES.
(a) Grants Required.--The Secretary of Agriculture shall use such
sums as are necessary of funds of the Commodity Credit Corporation to
make a grant, in such amount as the Secretary determines to be
appropriate, to--
(1) the States of Alabama, Florida, Louisiana, Mississippi,
and Tennessee; and
(2) other States that are is housing evacuees or suffering
damage from Hurricane Katrina or a related condition.
(b) Use of Funds.--A State may use funds from a grant awarded under
this section--
(1) to supplement State food bank programs or other
nutrition assistance programs;
(2) to promote the purchase, sale, or consumption of
agricultural products;
(3) to provide economic assistance to agricultural
producers, giving a priority to the support of specialty crops;
or
(4) for such other purposes as the Secretary of Agriculture
may authorize.
SEC. 207. EXTENSION OF MARKETING LOANS.
(a) In General.--Notwithstanding section 1203(b) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7933(b)), the
Secretary of Agriculture shall extend the date of settlement of any
marketing assistance loan made available under subtitle B of that Act
(7 U.S.C. 7931 et seq.) for a period of not less than 90 days after the
date on which the loan reaches maturity.
(b) Storage Payments.--During the period of an extension under
subsection (a), the Secretary of Agriculture shall make storage
payments for any commodity affected by the marketing assistance loan
for which the extension was granted.
SEC. 208. TEMPORARY SUSPENSION OF ACCRUAL OF INTEREST ON FARM LOAN FOR
BORROWER IN COUNTY FOR WHICH A DISASTER DECLARATION IS IN
EFFECT AS A RESULT OF A HURRICANE IN 2005.
During the period that begins on the date of the enactment of this
Act and ends with January 1, 2007, interest shall not accrue on any
loan made under subtitle A or B of the Consolidated Farm and Rural
Development Act with respect to a farm or ranch located in a county or
parish that is in an area for which a major disaster has been declared
under the Robert T. Stafford Disaster Releief and Emergency Assistance
Act as a result of a hurricane that occurs in calendar year 2005.
SEC. 209. EXTENSION OF APPLICATION PERIOD FOR EMERGENCY LOANS IN
COUNTIES FOR WHICH A DISASTER DECLARATION IS IN EFFECT AS
A RESULT OF A HURRICANE IN 2005.
The Secretary of Agriculture shall accept applications for
assistance under subtitle C of the Consolidated Farm and Rural
Development Act from persons with farming, ranching, or aquaculture
operation affected by a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Releief and Emergency
Assistance Act as a result of a hurricane that occurs in calendar year
2005, at any time during the 12-month period beginning on the date the
President makes the major disaster or emergency designation with
respect to the natural disaster for the county in which the operation
is located.
SEC. 210. ADDITIONAL DEBT FORGIVENESS ALLOWED AS A RESULT OF LOSSES
SUSTAINED AS A RESULT OF A HURRICANE IN 2005 IN A COUNTY
FOR WHICH A DISASTER DECLARATION IS IN EFFECT AS A RESULT
OF A SUCH A HURRICANE.
Section 343(a)(12)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(12)(B)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) any write-down provided to a
borrower whose losses are the result of the
effects of a hurricane and whose operation was
located in a county or parish for which there
was in effect a presidential disaster
declaration in 2004 or any subsequent calendar
year.''.
SEC. 211. TEMPORARY EXTENSION OF ADMINISTRATIVE PROHIBITION ON USING
ADMINISTRATIVE OFFSET IN CERTAIN CASES.
The Secretary of Agriculture shall suspend until January 1, 2007,
any activity under the Debt Collection Improvement Act of 1996 or any
amendment made by such Act in regard to payments made to any producer
by the Farm Service Agency if the producer or an operation of the
producer is located in a county or parish that is in an area for which
a major disaster has been declared under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act as a result of a hurricane
occurring in calendar year 2005.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. ADMINISTRATIVE FUNDS.
The Secretary of Agriculture may transfer to appropriation accounts
supporting the Farm Service Agency and the Natural Resources
Conservation Service such amounts from the funds of the Commodity
Credit Corporation as the Secretary determines are necessary to cover
administrative costs incurred by such agencies to carry out this Act
and the amendments made by this Act.
SEC. 302. SENSE OF CONGRESS REGARDING NEED FOR PERMANENT AGRICULTURAL
DISASTER RELIEF AUTHORITY.
It is the sense of Congress that, in light of the yearly necessity
for Congress to enact emergency legislation in response to natural
disasters, permanent agricultural disaster relief authority should be
enacted to provide an orderly and continuing means of assistance by the
Federal Government to agricultural producers and persons dependent on
food assistance programs to alleviate the suffering and damage that
result from such disasters.
SEC. 303. SENSE OF CONGRESS REGARDING NEED FOR ADDITIONAL ASSISTANCE IN
RESPONSE TO HURRICANE KATRINA.
It is the sense of Congress that this Act represents only an
initial response to the agricultural losses in areas impacted by
Hurricane Katrina and there exists a certain need for additional
legislation as the magnitude of the agricultural losses becomes more
fully understood and documented.
SEC. 304. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by 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 of Agriculture shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 305. EMERGENCY DESIGNATION.
The amounts provided under this Act are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on the Budget, 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 concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on the Budget, 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 concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on the Budget, 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 concerned.
Executive Comment Requested from USDA.
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