I

106TH CONGRESS

2D SESSION H. R. 5125

To amend the Agricultural Market Transition Act to provide for the payment

of special loan deficiency payments to producers who are eligible for

loan deficiency payments, but who suffered yield losses due to damaging

weather or related condition in a federally declared disaster area.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 2000

Mr. BEREUTER introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To amend the Agricultural Market Transition Act to provide

for the payment of special loan deficiency payments to

producers who are eligible for loan deficiency payments,

but who suffered yield losses due to damaging weather

or related condition in a federally declared disaster area.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SPECIAL LOAN DEFICIENCY PAYMENTS IN FED4 ERALLY DECLARED DISASTER AREAS.

5 (a) AVAILABILITY OF PAYMENTS.—Section 135 of

6 the Agricultural Market Transition Act (7 U.S.C. 7235)
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1 is amended by adding at the end the following new sub2 section:

3 ‘‘(g) PAYMENTS IN FEDERAL DISASTER AREAS.—

4 ‘‘(1) ELIGIBILITY.—At the request of a pro5 ducer eligible for a loan deficiency payment under

6 subsection (a) for a loan commodity, the Secretary

7 shall make a payment to the producer under this

8 subsection if the producer—

9 ‘‘(A) insured the commodity under a feder10 ally-approved crop insurance policy;

11 ‘‘(B) planted the commodity in a county

12 that, during that crop year, was included in a

13 federally declared disaster area or in a contig14 uous county; and

15 ‘‘(C) suffered yield losses to the commodity

16 due to damaging weather or related condition.

17 ‘‘(2) RELATION TO OTHER PAYMENT AUTHOR18 ITY.—A payment under this subsection is in lieu of

19 a payment under subsection (a).

20 ‘‘(3) PAYMENT CALCULATION.—The payment

21 under this subsection shall be calculated by

22 multiplying—

23 ‘‘(A) the loan deficiency payment rate de24 termined under subsection (c) in effect, as of
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1 the date of the agreement, in the county in

2 which the acreage is located; by

3 ‘‘(B) the quantity of the loan commodity

4 involved, which shall be determined by

5 multiplying—

6 ‘‘(i) the total acreage on which the

7 producer has a federally approved crop in8 surance policy; by

9 ‘‘(ii) the higher of the producer’s es10 tablished yield for the commodity or the

11 county average yield for the commodity, as

12 determined by the Secretary.

13 ‘‘(4) TIME FOR PAYMENT.—A payment under

14 this subsection shall be made as soon as practicable

15 after the producer makes the request for the pay16 ment under paragraph (1).

17 ‘‘(5) FEDERALLY DECLARED DISASTER AREA

18 DEFINED.—In this subsection, the term ‘federally

19 declared disaster area’ means an area—

20 ‘‘(A) covered by a Presidential declaration

21 of major disaster issued under section 401 of

22 the Robert T. Stafford Disaster Relief and

23 Emergency Assistance Act (42 U.S.C. 5170); or
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1 ‘‘(B) determined to be a disaster area by

2 the Secretary under subpart A of part 1945 of

3 title 7, Code of Federal Regulations.’’.

4 (b) IMPLEMENTATION.—Within 60 days after the

5 date of the enactment of this Act, the Secretary of Agri6 culture shall issue regulations to carry out the amendment

7 made by subsection (a). The issuance of the regulations

8 shall be made without regard to—

9 (1) the notice and comment provisions of sec10 tion 553 of title 5, United States Code;

11 (2) the statement of policy of the Secretary of

12 Agriculture effective July 24, 1971 (36 Fed. Reg.

13 13804), relating to notices of proposed rulemaking

14 and public participation in rulemaking;

15 (3) chapter 35 of title 44, United States Code

16 (commonly known as the ‘‘Paperwork Reduction

17 Act’’); and

18 (4) other provisions of law which would delay

19 the implementation of the amendment made by sub20 section (a) beyond 90 days.

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