Agricultural Disaster Assistance Act of 2009 - Directs the Secretary of Agriculture to: (1) make a supplemental direct commodity payment to eligible producers that previously received such a payment; (2) make grants to states to assist eligible specialty crop producers for losses associated with drought or excessive rainfall during 2009; (3) provide supplemental assistance to eligible producers and first-handlers of the 2009 crop of cottonseed in disaster counties; (4) continue to carry out the 2002 livestock compensation program and provide assistance to any applicant that conducts a livestock operation located in a disaster county or produces fish classified within the family Ictaluridae (catfish); and (5) make payments to eligible producers for livestock losses occurring in a disaster county.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4177 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4177
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2009
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 concerned
_______________________________________________________________________
A BILL
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.
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 ``Agricultural
Disaster Assistance Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Supplemental direct payment.
Sec. 4. Specialty crop assistance.
Sec. 5. Cottonseed assistance.
Sec. 6. Livestock assistance.
Sec. 7. Relation to other laws.
Sec. 8. Regulations.
Sec. 9. Funding source.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster county.--
(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.
(B) Exclusion.--The term ``disaster county'' does
not include a contiguous county.
(2) Eligible producer.--The term ``eligible producer''
means an agricultural producer in a disaster county.
(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--
(A) produced, or were prevented from planting, a
specialty crop in 1 or more disaster counties; and
(B) experienced crop losses associated with drought
or excessive rainfall.
(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)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(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).
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.
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.
(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.
(c) Provision of Grants.--
(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.
(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.
(3) Maximum grant.--The maximum amount of a grant made to a
State under this section may not exceed $40,000,000.
(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--
(1) use grant funds to assist eligible specialty crop
producers;
(2) provide assistance to eligible specialty crop producers
not later than 60 days after the date on which the State
receives grant funds; and
(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--
(A) the manner in which the State provided
assistance;
(B) the amounts of assistance provided by type of
specialty crop; and
(C) the process by which the State determined the
levels of assistance to eligible specialty crop
producers.
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.
(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).
(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--
(1) the payment rate, as determined under subsection (d);
and
(2) the county-eligible production, as determined under
subsection (e).
(d) Payment Rate.--The payment rate shall be equal to the quotient
obtained by dividing--
(1) the sum of the county-eligible production, as
determined under subsection (e); by
(2) the total funds made available to carry out this
section.
(e) County-Eligible Production.--The county-eligible production
shall be equal to the product obtained by multiplying--
(1) the number of acres planted to cotton in the disaster
county, as reported to the Secretary by first-handlers;
(2) the expected cotton lint yield for the disaster county,
as determined by the Secretary based on the best available
information; and
(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.
SEC. 6. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(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'').
(2) Assistance.--In carrying out the Program, the Secretary
shall provide assistance to any applicant that--
(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; or
(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.
(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.
(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.
(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.
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).
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.
(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 paragraph, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
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.
(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.
<all>
Introduced in House
Introduced in House
Referred to House Agriculture
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 concerned.
Referred to House Appropriations
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
Referred to the Subcommittee on Horticulture and Organic Agriculture.
Referred to the Subcommittee on General Farm Commodities and Risk Management.
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