PUBLIC LAW 110–398—OCT. 13, 2008 122 STAT. 4213 

Public Law 110–398 

110th Congress 

An Act 

To amend the commodity provisions of the Food, Conservation, and Energy Act 

of 2008 to permit producers to aggregate base acres and reconstitute farms 

to avoid the prohibition on receiving direct payments, counter-cyclical payments, 

or average crop revenue election payments when the sum of the base acres 

of a farm is 10 acres or less, 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. TREATMENT OF FARMS WITH LIMITED BASE ACRES. 

(a) SUSPENSION OF PROHIBITION.— 

(1) IN GENERAL.—Section 1101(d) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by 

adding at the end the following: 

‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 

(3) shall not apply during the 2008 crop year.’’. 

(2) PEANUTS.—Section 1302(d) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by 

adding at the end the following: 

‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 

(3) shall not apply during the 2008 crop year.’’. 

(b) EXTENSION OF 2008 SIGNUP FOR DIRECT PAYMENTS AND

COUNTER-CYCLICAL PAYMENTS.— 

(1) IN GENERAL.—Section 1106 of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding 

at the end the following: 

‘‘(f) EXTENSION OF 2008 SIGNUP.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary shall extend the 2008 crop year deadline 

for the signup for benefits under this subtitle by producers 

on a farm with base acres of 10 acres or less until the later 

of— 

‘‘(A) November 14, 2008; or 

‘‘(B) the end of the 45-day period beginning on the 

date of the enactment of this subsection. 

‘‘(2) PENALTIES.—The Secretary shall ensure that no penalty with respect to benefits under this subtitle or subtitle 

B is assessed against producers on a farm described in paragraph (1) for failure to submit reports under this section or 

timely comply with other program requirements as a result 

of compliance with the extended signup deadline under that 

paragraph.’’. 

(2) PEANUTS.—Section 1305 of the Food, Conservation, and 

Energy Act of 2008 (7 U.S.C. 8755) is amended by adding 

at the end the following: 

Deadline. 

Oct. 13, 2008 

[H.R. 6849] 


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122 STAT. 4214 PUBLIC LAW 110–398—OCT. 13, 2008 

‘‘(f) EXTENSION OF 2008 SIGNUP.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary shall extend the 2008 crop year deadline 

for the signup for benefits under this subtitle by producers 

on a farm with base acres of 10 acres or less until the later 

of— 

‘‘(A) November 14, 2008; or 

‘‘(B) the end of the 45-day period beginning on the 

date of the enactment of this subsection. 

‘‘(2) PENALTIES.—The Secretary shall ensure that no penalty with respect to benefits under this subtitle is assessed 

against producers on a farm described in paragraph (1) for 

failure to submit reports under this section or timely comply 

with other program requirements as a result of compliance 

with the extended signup deadline under that paragraph.’’. 

(c) OFFSETTING REDUCTION.—Section 515(k)(1) of the Federal 

Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by striking 

‘‘2011’’ and inserting ‘‘2010, and not more than $9,000,000 for 

fiscal year 2011’’. 

SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM. 

(a) FEDERAL CROP INSURANCE ACT.— 

(1) DEFINITIONS.—Section 531(a) of the Federal Crop Insurance Act (7 U.S.C. 1531(a)) is amended— 

(A) in paragraph (3)(B), by inserting ‘‘has’’ after ‘‘on 

a farm that’’; 

(B) in paragraph (4), by striking ‘‘section 1102 of the 

Farm Security and Rural Investment Act of 2002’’ and 

all that follows through the end of the paragraph and 

inserting ‘‘under— 

‘‘(i) section 1102 or 1302 of the Farm Security 

and Rural Investment Act of 2002 (7 U.S.C. 7912, 

7952); 

‘‘(ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); 

or 

‘‘(iii) a successor section.’’; 

(C) in paragraph (5)(B)(ii), by striking ‘‘, the total loss’’ 

and all that follows through the end of the paragraph 

and adding ‘‘the actual production on the farm is less 

than 50 percent of the normal production on the farm.’’; 

(D) in paragraph (7)— 

(i) in subparagraph (A), by inserting ‘‘for sale or 

on-farm livestock feeding (including native grassland 

intended for haying)’’ after ‘‘harvest’’; and 

(ii) in subparagraph (C), by inserting ‘‘for sale’’ 

after ‘‘crop’’; 

(E) by redesignating paragraphs (2) through (4), (5) 

through (12), and (13) through (18) as paragraphs (3) 

through (5), (7) through (14), and (16) through (21), respectively; 

(F) by inserting after paragraph (1) the following: 

‘‘(2) ACTUAL PRODUCTION ON THE FARM.—The term ‘actual 

production on the farm’ means the sum of the value of all 

crops produced on the farm, as determined under subsection 

(b)(6)(B).’’; 

Deadline. 


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PUBLIC LAW 110–398—OCT. 13, 2008 122 STAT. 4215 

(G) by inserting after paragraph (5) (as redesignated 

by subparagraph (E)) the following: 

‘‘(6) CROP OF ECONOMIC SIGNIFICANCE.—The term ‘crop of 

economic significance’ shall have the uniform meaning given 

the term by the Secretary for purposes of subsections (b)(1)(B) 

and (g)(6).’’; and 

(H) by inserting after paragraph (14) (as redesignated 

by subparagraph (E)) the following: 

‘‘(15) NORMAL PRODUCTION ON THE FARM.—The term 

‘normal production on the farm’ means the sum of the expected 

revenue for all crops on the farm, as determined under subsection (b)(6)(A).’’. 

(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.—Section 531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) 

is amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘(1) IN GENERAL.—The Secretary’’ 

and inserting the following: 

‘‘(1) PAYMENTS.— 

‘‘(A) IN GENERAL.—The Secretary’’; and 

(ii) by adding at the end the following: 

‘‘(B) CROP LOSS.—To be eligible for crop loss assistance 

under this subsection, the actual production on the farm 

for at least 1 crop of economic significance shall be reduced 

by at least 10 percent due to disaster, adverse weather, 

or disaster-related conditions.’’; 

(B) in paragraph (2), by adding at the end the following: 

‘‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED CROPS.— 

In calculating the disaster assistance program guarantee 

under paragraph (3) and the total farm revenue under 

paragraph (4), the Secretary shall not consider the value 

of any crop that— 

‘‘(i) is produced on land that is not eligible for 

a policy or plan of insurance under subtitle A or assistance under the noninsured crop assistance program; 

or 

‘‘(ii) is subsequently planted on the same land 

during the same crop year as the crop for which disaster assistance is provided under this subsection, 

except in areas in which double-cropping is a normal 

practice, as determined by the Secretary.’’; 

(C) in paragraph (3)(A)(ii)(III)— 

(i) in the matter before item (aa), by inserting 

‘‘50 percent of’’ before ‘‘the higher of’’; and 

(ii) in item (aa), by striking ‘‘guarantee’’; 

(D) in paragraph (4)— 

(i) in subparagraph (A)(i)— 

(I) by striking subclauses (I) and (II) and 

inserting the following: 

‘‘(I) the actual production by crop on a farm 

for purposes of determining losses under subtitle 

A or the noninsured crop assistance program; and’’; 

and 

(II) by redesignating subclause (III) as subclause (II); 

(ii) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘and’’ at the end; 


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122 STAT. 4216 PUBLIC LAW 110–398—OCT. 13, 2008 

(II) in clause (ii), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) as the Secretary determines appropriate, to 

reflect regional variations in a manner consistent with 

the operation of the crop insurance program under 

subtitle A and the noninsured crop assistance program.’’; 

(E) in paragraph (5)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘the sum obtained by adding’’; 

(ii) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘the product’’ and inserting ‘‘for each 

insurable commodity, the product’’; 

(II) in clause (i), by striking ‘‘greatest’’ and 

inserting ‘‘greater’’; 

(III) in clause (iii), by striking ‘‘of the insurance price guarantee; and’’ and inserting ‘‘of the 

price election for the commodity used to calculate 

an indemnity for an applicable policy of insurance 

if an indemnity is triggered; and’’; and 

(iii) in subparagraph (B)— 

(I) in the matter preceding clause (i), by 

striking ‘‘the product’’ and inserting ‘‘for each noninsurable crop, the product’’; 

(II) in clause (i), by striking ‘‘and’’ at the end; 

(III) by redesignating clause (ii) as clause (iii); 

and 

(IV) by inserting after clause (i) the following: 

‘‘(ii) the acreage planted or prevented from being 

planted for each crop; and’’; and 

(F) by adding at the end the following: 

‘‘(6) PRODUCTION ON THE FARM.— 

‘‘(A) NORMAL PRODUCTION ON THE FARM.—The normal 

production on the farm shall equal the sum of the expected 

revenue for each crop on a farm as determined under 

paragraph (5). 

‘‘(B) ACTUAL PRODUCTION ON THE FARM.—The actual 

production on the farm shall equal the sum obtained by 

adding— 

‘‘(i) for each insurable commodity on the farm, 

the product obtained by multiplying— 

‘‘(I) 100 percent of the price election for the 

commodity used to calculate an indemnity for an 

applicable policy of insurance if an indemnity is 

triggered; and 

‘‘(II) the quantity of the commodity produced 

on the farm, adjusted for quality losses; and 

‘‘(ii) for each noninsurable commodity on a farm, 

the product obtained by multiplying— 

‘‘(I) 100 percent of the noninsured crop assistance program established price for the commodity; 

and 

‘‘(II) the quantity of the commodity produced 

on the farm, adjusted for quality losses.’’. 


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PUBLIC LAW 110–398—OCT. 13, 2008 122 STAT. 4217 

(3) WAIVER FOR SOCIALLY DISADVANTAGED, LIMITED

RESOURCE, OR BEGINNING FARMER OR RANCHER.—Section 

531(d)(5)(B)(ii) of the Federal Crop Insurance Act (7 U.S.C. 

1531(d)(5)(B)(ii)) is amended by striking ‘‘section’’ and inserting 

‘‘subsection’’. 

(4) TREE ASSISTANCE PROGRAM.—Section 531(f)(2)(A) of the 

Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is amended 

by striking ‘‘the Secretary shall provide’’ and inserting ‘‘the 

Secretary shall use such sums as are necessary from the Trust 

Fund to provide’’. 

(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE

REQUIREMENT.—Section 531(g) of the Federal Crop Insurance 

Act (7 U.S.C. 1531(g)) is amended by adding at the end the 

following: 

‘‘(6) DE MINIMIS EXCEPTION.— ‘‘(A) IN GENERAL.—For purposes of assistance under 

subsection (b), at the option of an eligible producer on 

a farm, the Secretary shall waive paragraph (1)— 

‘‘(i) in the case of a portion of the total acreage 

of a farm of the eligible producer that is not of economic 

significance on the farm, as established by the Secretary; or 

‘‘(ii) in the case of a crop for which the administrative fee required for the purchase of noninsured crop 

disaster assistance coverage exceeds 10 percent of the 

value of that coverage. 

‘‘(B) TREATMENT OF ACREAGE.—The Secretary shall not 

consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the 

total farm revenue under subsection (b)(4).’’. 

(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR

2009 CROP YEAR.—Section 531(g) of the Federal Crop Insurance 

Act (7 U.S.C. 1531(g)) is amended— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘(other than subsection (c))’’ and inserting 

‘‘(other than subsections (c) and (d))’’; and 

(ii) in subparagraph (A), by inserting ‘‘, excluding 

grazing land’’ after ‘‘producers on the farm’’; 

(B) in paragraph (2), by striking ‘‘grazed, planted,’’ 

and inserting ‘‘planted’’; 

(C) in paragraph (4), by striking ‘‘(4)’’ and all that 

follows through ‘‘In the case’’ and inserting the following: 

‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 

‘‘(A) 2008 CROP YEAR.—In the case’’; and 

(D) by adding at the end the following: 

‘‘(B) 2009 CROP YEAR.—In the case of an insurable 

commodity or noninsurable commodity for the 2009 crop 

year that does not meet the requirements of paragraph 

(1) and the relevant crop insurance program sales closing 

date or noninsured crop assistance program fee payment 

date was prior to August 14, 2008, the Secretary shall 

waive paragraph (1) if the eligible producer of the insurable 

commodity or noninsurable commodity pays a fee in an 

amount equal to the applicable noninsured crop assistance 

program fee or catastrophic risk protection plan fee 

Deadline. 

Waiver authority. 


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122 STAT. 4218 PUBLIC LAW 110–398—OCT. 13, 2008 

required under paragraph (1) to the Secretary not later 

than 90 days after the date of enactment of this subparagraph.’’. 

(7) PAYMENT LIMITATIONS.—Section 531(h) of the Federal 

Crop Insurance Act (7 U.S.C. 1531) is amended by adding 

at the end the following: 

‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 1001B, and 

1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 

seq.) as in effect on September 30, 2007, shall continue to 

apply with respect to 2008 crops.’’. 

(b) TRADE ACT OF 1974.— 

(1) DEFINITIONS.—Section 901(a) of the Trade Act of 1974 

(19 U.S.C. 2497(a)) is amended— 

(A) in paragraph (3)(B), by inserting ‘‘has’’ after ‘‘on 

a farm that’’; 

(B) in paragraph (4), by striking ‘‘section 1102 of the 

Farm Security and Rural Investment Act of 2002’’ and 

all that follows through the end of the paragraph and 

inserting ‘‘under— 

‘‘(i) section 1102 or 1302 of the Farm Security 

and Rural Investment Act of 2002 (7 U.S.C. 7912, 

7952); 

‘‘(ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); 

or 

‘‘(iii) a successor section.’’; 

(C) in paragraph (5)(B)(ii), by striking ‘‘, the total loss’’ 

and all that follows through the end of the paragraph 

and adding ‘‘the actual production on the farm is less 

than 50 percent of the normal production on the farm.’’; 

(D) in paragraph (7)— 

(i) in subparagraph (A), by inserting ‘‘for sale or 

on-farm livestock feeding (including native grassland 

intended for haying)’’ after ‘‘harvest’’; and 

(ii) in subparagraph (C), by inserting ‘‘for sale’’ 

after ‘‘crop’’; 

(E) by redesignating paragraphs (2) through (4), (5) 

through (12), and (13) through (18) as paragraphs (3) 

through (5), (7) through (14), and (16) through (21), respectively; 

(F) by inserting after paragraph (1) the following: 

‘‘(2) ACTUAL PRODUCTION ON THE FARM.—The term ‘actual 

production on the farm’ means the sum of the value of all 

crops produced on the farm, as determined under subsection 

(b)(6)(B).’’; 

(G) by inserting after paragraph (5) (as redesignated 

by subparagraph (E)) the following: 

‘‘(6) CROP OF ECONOMIC SIGNIFICANCE.—The term ‘crop of 

economic significance’ shall have the uniform meaning given 

the term by the Secretary for purposes of subsections (b)(1)(B) 

and (g)(6).’’; and 

(H) by inserting after paragraph (14) (as redesignated 

by subparagraph (E)) the following: 

‘‘(15) NORMAL PRODUCTION ON THE FARM.—The term 

‘normal production on the farm’ means the sum of the expected 

revenue for all crops on the farm, as determined under subsection (b)(6)(A).’’. 

Applicability. 


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PUBLIC LAW 110–398—OCT. 13, 2008 122 STAT. 4219 

(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.—Section 901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is 

amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘(1) IN GENERAL.—The Secretary’’ 

and inserting the following: 

‘‘(1) PAYMENTS.— ‘‘(A) IN GENERAL.—The Secretary’’; and 

(ii) by adding at the end the following: 

‘‘(B) CROP LOSS.—To be eligible for crop loss assistance 

under this subsection, the actual production on the farm 

for at least 1 crop of economic significance shall be reduced 

by at least 10 percent due to disaster, adverse weather, 

or disaster-related conditions.’’; 

(B) in paragraph (2), by adding at the end the following: 

‘‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED CROPS.— In calculating the disaster assistance program guarantee 

under paragraph (3) and the total farm revenue under 

paragraph (4), the Secretary shall not consider the value 

of any crop that— 

‘‘(i) is produced on land that is not eligible for 

a policy or plan of insurance under the Federal Crop 

Insurance Act (7 U.S.C. 1501 et seq.) or assistance 

under the noninsured crop assistance program; or 

‘‘(ii) is subsequently planted on the same land 

during the same crop year as the crop for which disaster assistance is provided under this subsection, 

except in areas in which double-cropping is a normal 

practice, as determined by the Secretary.’’; 

(C) in paragraph (3)(A)(ii)(III)— 

(i) in the matter before item (aa), by inserting 

‘‘50 percent of’’ before ‘‘the higher of’’; 

(ii) in item (aa), by striking ‘‘guarantee’’; 

(D) in paragraph (4)— 

(i) in subparagraph (A)(i)— 

(I) by striking subclauses (I) and (II) and 

inserting the following: 

‘‘(I) the actual production by crop on a farm 

for purposes of determining losses under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) 

or the noninsured crop assistance program; and’’; 

and 

(II) by redesignating subclause (III) as subclause (II); 

(ii) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘and’’ at the end; 

(II) in clause (ii), by striking the period at 

the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) as the Secretary determines appropriate, to 

reflect regional variations in a manner consistent with 

the operation of the Federal crop insurance program 

under the Federal Crop Insurance Act (7 U.S.C. 1501 

et seq.) and the noninsured crop assistance program.’’; 

(E) in paragraph (5)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘the sum obtained by adding’’; 


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122 STAT. 4220 PUBLIC LAW 110–398—OCT. 13, 2008 

(ii) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘the product’’ and inserting ‘‘for each 

insurable commodity, the product’’; 

(II) in clause (i), by striking ‘‘greatest’’ and 

inserting ‘‘greater’’; 

(III) in clause (iii), by striking ‘‘of the insurance price guarantee; and’’ and inserting ‘‘of the 

price election for the commodity used to calculate 

an indemnity for an applicable policy of insurance 

if an indemnity is triggered; and’’; and 

(iii) in subparagraph (B)— 

(I) in the matter preceding clause (i), by 

striking ‘‘the product’’ and inserting ‘‘for each noninsurable crop, the product’’; 

(II) in clause (i), by striking ‘‘and’’ at the end; 

(III) by redesignating clause (ii) as clause (iii); 

and 

(IV) by inserting after clause (i) the following: 

‘‘(ii) the acreage planted or prevented from being 

planted for each crop; and’’; and 

(F) by adding at the end the following: 

‘‘(6) PRODUCTION ON THE FARM.— 

‘‘(A) NORMAL PRODUCTION ON THE FARM.—The normal 

production on the farm shall equal the sum of the expected 

revenue for each crop on a farm as determined under 

paragraph (5). 

‘‘(B) ACTUAL PRODUCTION ON THE FARM.—The actual 

production on the farm shall equal the sum obtained by 

adding— 

‘‘(i) for each insurable commodity on the farm, 

the product obtained by multiplying— 

‘‘(I) 100 percent of the price election for the 

commodity used to calculate an indemnity for an 

applicable policy of insurance if an indemnity is 

triggered; and 

‘‘(II) the quantity of the commodity produced 

on the farm, adjusted for quality losses; and 

‘‘(ii) for each noninsurable commodity on a farm, 

the product obtained by multiplying— 

‘‘(I) 100 percent of the noninsured crop assistance program established price for the commodity; 

and 

‘‘(II) the quantity of the commodity produced 

on the farm, adjusted for quality losses.’’. 

(3) WAIVER FOR SOCIALLY DISADVANTAGED, LIMITED

RESOURCE, OR BEGINNING FARMER OR RANCHER.—Section 

901(d)(5)(B)(ii) of the Trade Act of 1974 (19 U.S.C. 

2497(d)(5)(B)(ii)) is amended by striking ‘‘section’’ and inserting 

‘‘subsection’’. 

(4) TREE ASSISTANCE PROGRAM.—Section 901(f)(2)(A) of the 

Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by 

striking ‘‘the Secretary shall provide’’ and inserting ‘‘the Secretary shall use such sums as are necessary from the Trust 

Fund to provide’’. 


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PUBLIC LAW 110–398—OCT. 13, 2008 122 STAT. 4221 

(5) DE MINIMIS EXCEPTION TO RISK MANAGEMENT PURCHASE

REQUIREMENT.—Section 901(g) of the Trade Act of 1974 (19 

U.S.C. 2497(g)) is amended by adding at the end the following: 

‘‘(6) DE MINIMIS EXCEPTION.— 

‘‘(A) IN GENERAL.—For purposes of assistance under 

subsection (b), at the option of an eligible producer on 

a farm, the Secretary shall waive paragraph (1)— 

‘‘(i) in the case of a portion of the total acreage 

of a farm of the eligible producer that is not of economic 

significance on the farm, as established by the Secretary; or 

‘‘(ii) in the case of a crop for which the administrative fee required for the purchase of noninsured crop 

disaster assistance coverage exceeds 10 percent of the 

value of that coverage. 

‘‘(B) TREATMENT OF ACREAGE.—The Secretary shall not 

consider the value of any crop exempted under subparagraph (A) in calculating the supplemental revenue assistance program guarantee under subsection (b)(3) and the 

total farm revenue under subsection (b)(4).’’. 

(6) RISK MANAGEMENT PURCHASE REQUIREMENT WAIVER FOR

2009 CROP YEAR.—Section 901(g) of the Trade Act of 1974 (19 

U.S.C. 2497(g)) is amended— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘(other than subsection (c))’’ and inserting 

‘‘(other than subsections (c) and (d))’’; and 

(ii) in subparagraph (A), by inserting ‘‘, excluding 

grazing land’’ after ‘‘producers on the farm’’; 

(B) in paragraph (2), by striking ‘‘grazed, planted,’’ 

and inserting ‘‘planted’’; 

(C) in paragraph (4), by striking ‘‘(4)’’ and all that 

follows through ‘‘In the case’’ and inserting the following: 

‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 

‘‘(A) 2008 CROP YEAR.—In the case’’; and 

(D) by adding at the end the following: 

‘‘(B) 2009 CROP YEAR.—In the case of an insurable 

commodity or noninsurable commodity for the 2009 crop 

year that does not meet the requirements of paragraph 

(1) and the relevant crop insurance program sales closing 

date or noninsured crop assistance program fee payment 

date was prior to August 14, 2008, the Secretary shall 

waive paragraph (1) if the eligible producer of the insurable 

commodity or noninsurable commodity pays a fee in an 

amount equal to the applicable noninsured crop assistance 

program fee or catastrophic risk protection plan fee 

required under paragraph (1) to the Secretary not later 

than 90 days after the date of enactment of this subparagraph.’’. 

(7) PAYMENT LIMITATIONS.—Section 901(h) of the Trade 

Act of 1974 (19 U.S.C. 2497(h)) is amended by adding at the 

end the following: 

‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 1001B, and 

1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 

Applicability. 

Deadline. 

Waiver authority. 


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122 STAT. 4222 PUBLIC LAW 110–398—OCT. 13, 2008 

LEGISLATIVE HISTORY—H.R. 6849: 

HOUSE REPORTS: No. 110–881 (Comm. on Agriculture). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 24, considered and passed House. 

Sept. 29, considered and passed Senate, amended. House concurred in Senate 

amendment. 

seq.) as in effect on September 30, 2007, shall continue to 

apply with respect to 2008 crops.’’. 

Approved October 13, 2008. 


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