II

103D CONGRESS

1ST SESSION S. 1251

To extend to 1993 and subsequent crops the disaster assistance provisions

of the Food, Agriculture, Conservation, and Trade Act of 1990.

IN THE SENATE OF THE UNITED STATES

JULY 15 (legislative day, JUNE 30), 1993

Mr. HOLLINGS introduced the following bill; which was read twice and

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To extend to 1993 and subsequent crops the disaster assistance provisions of the Food, Agriculture, Conservation,

and Trade Act of 1990.

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

3 SECTION 1. EXTENSION OF EMERGENCY CROP LOSS AS4 SISTANCE.

5 (a) EXTENSION OF ASSISTANCE.—Chapter 3 of sub6 title B of title XXII of the Food, Agriculture, Conserva7 tion and Trade Act of 1990 (7 U.S.C. 1421 note; 104

8 Stat. 3962) is amended to read as follows:
2

•S 1251 IS

1 ‘‘CHAPTER 3—EMERGENCY CROP LOSS

2 ASSISTANCE

3 ‘‘SEC. 2240. SHORT TITLE.

4 ‘‘This chapter may be cited as the ‘Agricultural Dis5 aster Assistance Act’.

6 ‘‘Subchapter A—Annual Crops

7 ‘‘SEC. 2241. PAYMENTS TO PROGRAM PARTICIPANTS FOR

8 TARGET PRICE COMMODITIES.

9 ‘‘(a) DISASTER PAYMENTS.—

10 ‘‘(1) PAYMENT ACRES.—Effective only for a

11 crop year for which the producers on a farm elect

12 to participate in the production adjustment program

13 established under the Agricultural Act of 1949 (7

14 U.S.C. 1421 et seq.) for the crop of wheat, feed

15 grains, upland cotton, extra long staple cotton, or

16 rice for such crop year, except as otherwise provided

17 in this subsection, if the Secretary of Agriculture de18 termines that, because of damaging weather or relat19 ed condition, the total quantity of such crop of the

20 commodity that such producers are able to harvest

21 on the farm is less than the result of multiplying 60

22 percent (or, in the case of producers who obtained

23 crop insurance for such crop of the commodity under

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

25 seq.), 65 percent) of the farm program payment

26 yield established by the Secretary for such crop by
3

•S 1251 IS

1 the sum of the acreage planted for harvest and the

2 acreage prevented from being planted (because of a

3 natural disaster, as determined by the Secretary)

4 within the payment acres for such crop, the Sec5 retary shall make a disaster payment available to

6 such producers at a rate equal to 65 percent of the

7 established price for the crop for any deficiency in

8 production greater than 40 percent (or, in the case

9 of producers who obtained crop insurance for such

10 crop of the commodity under the Federal Crop In11 surance Act, 35 percent) for such crop.

12 ‘‘(2) FLEXIBLE ACRES.—Payments shall be

13 made available for a crop of a commodity planted

14 for harvest in accordance with section 504 of the

15 Agricultural Act of 1949 (7 U.S.C. 1464), and for

16 which prevented planting credit was provided for

17 such crop, on the same terms and conditions as pro18 vided for such commodity under section 2242, 2243,

19 or 2244, as applicable. Such payments shall be

20 based on the reduction in the quantity of the crop

21 of the commodity that producers are able to harvest

22 on such acres.

23 ‘‘(3) LIMITATIONS.—

24 ‘‘(A) ACREAGE IN EXCESS OF PAYMENT

25 ACREAGE.—Payments provided under para-
4

•S 1251 IS

1 graph (1) for a crop of a commodity may not

2 be made available to producers on a farm with

3 respect to any acreage in excess of the payment

4 acreage for the farm for the commodity.

5 ‘‘(B) CROP INSURANCE.—Payments pro6 vided under paragraph (1) for a crop of a com7 modity may not be made available to producers

8 on a farm unless such producers enter into an

9 agreement to obtain multiperil crop insurance,

10 to the extent required under section 2247.

11 ‘‘(4) REDUCTION IN DEFICIENCY PAYMENTS.—

12 The total quantity of a crop of a commodity on

13 which deficiency payments otherwise would be pay14 able to producers on a farm under the Agricultural

15 Act of 1949 shall be reduced by the quantity on

16 which a payment is made to the producers for the

17 crop under paragraph (1).

18 ‘‘(5) ELECTION OF PAYMENTS.—

19 ‘‘(A) APPLICATION OF PARAGRAPH.—This

20 paragraph shall apply for a crop year, effective

21 only for the crops of wheat, feed grains, upland

22 cotton, extra long staple cotton, and rice, to

23 producers on a farm who—
5

•S 1251 IS

1 ‘‘(i) had failed wheat, feed grain, up2 land cotton, extra long staple cotton, or

3 rice acreage during such crop year; or

4 ‘‘(ii) were prevented from planting

5 acreage to such commodity because of

6 damaging weather or related condition.

7 ‘‘(B) ELECTION.—The Secretary of Agri8 culture shall (within 30 days after the date on

9 which assistance is made available under this

10 subchapter for a crop year) permit producers

11 referred to in subparagraph (A) to elect wheth12 er to receive disaster payments for such crop

13 for such crop year in accordance with this sec14 tion in lieu of payments received for such crop

15 under section 101B(c)(1)(D), 103B(c)(1)(D),

16 105B(c)(1)(E), or 107B(c)(1)(E) of the Agri17 cultural Act of 1949.

18 ‘‘(6) SPRING WHEAT AS REPLACEMENT CROP

19 FOR WINTER WHEAT.—In providing assistance under

20 this section or section 2242 for a crop of winter

21 wheat, the Secretary shall disregard spring wheat

22 that is planted as a replacement crop for such win23 ter wheat.

24 ‘‘(b) ADVANCE DEFICIENCY PAYMENTS.—
6

•S 1251 IS

1 ‘‘(1) APPLICATION OF SUBSECTION.—This sub2 section shall apply only for a crop year for which the

3 producers on a farm elect to participate in the pro4 duction adjustment program established under the

5 Agricultural Act of 1949 for the crop of wheat, feed

6 grains, upland cotton, extra long staple cotton, or

7 rice for such crop year.

8 ‘‘(2) FORGIVENESS OF REFUND REQUIRE9 MENT.—

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), if because of damaging weather or

12 related condition the total quantity of such crop

13 of the commodity that the producers are able to

14 harvest on the farm is less than the result of

15 multiplying the farm program payment yield es16 tablished by the Secretary for such crop by the

17 sum of the acreage planted for harvest and the

18 acreage prevented from being planted (because

19 of a natural disaster, as determined by the Sec20 retary) for such crop (hereinafter in this section

21 referred to as the ‘qualifying amount’), the pro22 ducers shall not be required to refund any ad23 vance deficiency payment made to the produc24 ers for such crop under section 114 of the Agri25 cultural Act of 1949 (7 U.S.C. 1445j) with re-
7

•S 1251 IS

1 spect to that portion of the deficiency in pro2 duction that does not exceed—

3 ‘‘(i) in the case of producers who ob4 tained crop insurance for such crop of the

5 commodity under the Federal Crop Insur6 ance Act, 35 percent of the qualifying

7 amount; and

8 ‘‘(ii) in the case of other producers,

9 40 percent of the qualifying amount.

10 ‘‘(B) CROP INSURANCE.—Producers on a

11 farm shall not be eligible for the forgiveness

12 provided for under subparagraph (A), unless

13 such producers enter into an agreement to ob14 tain multiperil crop insurance to the extent re15 quired under section 2247.

16 ‘‘(3) ELECTION FOR NONRECIPIENTS.—The

17 Secretary shall allow producers on a farm who, be18 fore the date on which assistance is made available

19 under this subchapter for a crop year, elect not to

20 receive advance deficiency payments made available

21 for the crop for such crop year under section 114 of

22 the Agricultural Act of 1949 (7 U.S.C. 1445j) to

23 elect (within 30 days after such date) whether to re24 ceive such advance deficiency payments.
8

•S 1251 IS

1 ‘‘(4) DATE OF REFUND FOR PAYMENTS.—If the

2 Secretary determines that any portion of the ad3 vance deficiency payment made to producers for a

4 crop of wheat, feed grains, upland cotton, extra long

5 staple cotton, or rice under section 114 of the Agri6 cultural Act of 1949 (7 U.S.C. 1445j) must be re7 funded, such refund shall not be required prior to

8 July 31 of the year following such determination for

9 that portion of the crop for which a disaster pay10 ment is made under subsection (a).

11 ‘‘SEC. 2242. PAYMENTS TO PROGRAM NONPARTICIPANTS

12 FOR TARGET PRICE COMMODITIES AND PAY13 MENTS TO PROGRAM PARTICIPANTS FOR

14 TARGET PRICE COMMODITIES ON FLEXIBLE

15 ACRES.

16 ‘‘(a) DISASTER PAYMENTS.—

17 ‘‘(1) IN GENERAL.—Effective only for a crop

18 year for which the producers on a farm elect not to

19 participate in the production adjustment program

20 established under the Agricultural Act of 1949 (7

21 U.S.C. 1421 et seq.) for the crop of wheat, feed

22 grains, upland cotton, extra long staple cotton, or

23 rice for such crop year (and for such crop on flexible

24 acres as provided under section 2241(a)(2)), if the

25 Secretary of Agriculture determines that, because of
9

•S 1251 IS

1 damaging weather or related condition, the total

2 quantity of such crop of the commodity that such

3 producers are able to harvest on the farm is less

4 than the result of multiplying 60 percent (or in the

5 case of producers who obtained crop insurance for

6 such crop, 65 percent) of the county average yield

7 established by the Secretary for such crop by the

8 sum of acreage planted for harvest and the acreage

9 for which prevented planted credit is approved by

10 the Secretary for such crop under subsection (b), the

11 Secretary shall make a disaster payment available to

12 such producers.

13 ‘‘(2) PAYMENT RATE.—The payment shall be

14 made to the producers at a rate equal to 65 percent

15 of the basic county loan rate (or a comparable price

16 if there is no current basic county loan rate) for the

17 crop, as determined by the Secretary, for any defi18 ciency in production greater than 40 percent for the

19 crop (or in the case of producers who obtained crop

20 insurance, 35 percent).

21 ‘‘(b) PREVENTED PLANTING CREDIT.—

22 ‘‘(1) IN GENERAL.—The Secretary shall provide

23 prevented planting credit under subsection (a) with

24 respect to acreage for a crop year that producers on

25 a farm were prevented from planting to such crop of
10

•S 1251 IS

1 the commodity for harvest because of damaging

2 weather or related condition, as determined by the

3 Secretary.

4 ‘‘(2) MAXIMUM ACREAGE.—Such acreage may

5 not exceed the greater of—

6 ‘‘(A) a quantity equal to the acreage on

7 the farm planted (or prevented from being

8 planted due to a natural disaster or other con9 dition beyond the control of the producers) to

10 the commodity for harvest in the immediately

11 preceding crop year minus acreage actually

12 planted to the commodity for harvest in the

13 crop year involved;

14 ‘‘(B) a quantity equal to the average of the

15 acreage on the farm planted (or prevented from

16 being planted due to a natural disaster or other

17 condition beyond the control of the producers)

18 to the commodity for harvest in the three im19 mediately preceding crop years minus acreage

20 actually planted to the commodity for harvest in

21 the crop year involved; or

22 ‘‘(C) with respect to flexible acres as pro23 vided under section 2241(a)(2) for which no

24 such planting history is established, a quantity
11

•S 1251 IS

1 of acreage determined to be fair and reasonable

2 by the Secretary.

3 ‘‘(3) ADJUSTMENTS.—The Secretary shall

4 make appropriate adjustments in applying the limi5 tations contained in paragraph (2) to take into ac6 count crop rotation practices of the producers.

7 ‘‘(c) LIMITATIONS.—

8 ‘‘(1) ACREAGE LIMITATION PROGRAM.—The

9 amount of payments made available to producers on

10 a farm who elect not to participate in the production

11 adjustment program for a crop of a commodity

12 under subsection (a) shall be reduced by a factor

13 equivalent to the acreage limitation program per14 centage established for such crop under the Agricul15 tural Act of 1949.

16 ‘‘(2) CROP INSURANCE.—Payments provided

17 under subsection (a) for a crop of a commodity may

18 not be made available to the producers on a farm

19 unless such producers enter into an agreement to

20 obtain multiperil crop insurance to the extent re21 quired under section 2247.

22 ‘‘SEC. 2243. PEANUTS, SUGAR, AND TOBACCO.

23 ‘‘(a) DISASTER PAYMENTS.—

24 ‘‘(1) IN GENERAL.—Effective for a crop year

25 only for crops of peanuts, sugar beets, sugarcane,
12

•S 1251 IS

1 and tobacco in such crop year, if the Secretary of

2 Agriculture determines that, because of damaging

3 weather or related condition, the total quantity of

4 such crop of the commodity that the producers on

5 a farm are able to harvest is less than the result of

6 multiplying 60 percent (or, in the case of producers

7 who obtained crop insurance for such crop of the

8 commodity under the Federal Crop Insurance Act (7

9 U.S.C. 1501 et seq.), 65 percent) of the county aver10 age yield (or program yield, in the case of peanuts)

11 established by the Secretary for such crop by the

12 sum of the acreage planted for harvest and the acre13 age for which prevented planted credit is approved

14 by the Secretary for such crop under subsection (b),

15 the Secretary shall make a disaster payment avail16 able to such producers.

17 ‘‘(2) PAYMENT RATE.—The payment shall be

18 made to the producers at a rate equal to 65 percent

19 of the applicable payment level under paragraph (3),

20 as determined by the Secretary, for any deficiency in

21 production greater than—

22 ‘‘(A) in the case of producers who obtained

23 crop insurance for the crop of the commodity

24 for such crop year under the Federal Crop In25 surance Act—
13

•S 1251 IS

1 ‘‘(i) 35 percent for the crop; or

2 ‘‘(ii) with respect to a crop of burley

3 tobacco or flue-cured tobacco, 35 percent

4 of the farm’s effective marketing quota for

5 such crop for such crop year; and

6 ‘‘(B) in the case of producers who did not

7 obtain crop insurance for the crop of the com8 modity for such crop year under the Federal

9 Crop Insurance Act—

10 ‘‘(i) 40 percent for the crop; or

11 ‘‘(ii) with respect to a crop of burley

12 tobacco or flue-cured tobacco, 40 percent

13 of the farm’s effective marketing quota for

14 such crop for such crop year.

15 ‘‘(3) PAYMENT LEVEL.—For purposes of para16 graph (1), the payment level for a commodity shall

17 be equal to—

18 ‘‘(A) for peanuts, the price support level

19 for quota peanuts or the price support level for

20 additional peanuts, as applicable;

21 ‘‘(B) for tobacco, the national average loan

22 rate for the type of tobacco involved, or (if

23 there is none) the market price, as determined

24 under section 2244(a)(2); and
14

•S 1251 IS

1 ‘‘(C) for sugar beets and sugarcane, a level

2 determined by the Secretary to be fair and rea3 sonable in relation to the level of price support

4 established for crops of sugar beets and sugar5 cane for the crop year involved, and that, inso6 far as is practicable, shall reflect no less return

7 to the producer than under the price support

8 levels in effect for such crop year.

9 ‘‘(b) PREVENTED PLANTING CREDIT.—

10 ‘‘(1) IN GENERAL.—The Secretary shall provide

11 prevented planting credit under subsection (a) with

12 respect to acreage for a crop year that producers on

13 a farm were prevented from planting to such crop of

14 the commodity for harvest because of damaging

15 weather or related condition, as determined by the

16 Secretary.

17 ‘‘(2) MAXIMUM ACREAGE.—Such acreage may

18 not exceed the greater of—

19 ‘‘(A) a quantity equal to the acreage on

20 the farm planted (or prevented from being

21 planted due to a natural disaster or other con22 dition beyond the control of the producers) to

23 the commodity for harvest in the immediately

24 preceding crop year minus acreage actually

25 planted for harvest in the crop year involved;
15

•S 1251 IS

1 ‘‘(B) a quantity equal to the average of the

2 acreage on the farm planted (or prevented from

3 being planted due to a natural disaster or other

4 condition beyond the control of the producers)

5 to the commodity for harvest in the three im6 mediately preceding crop years minus acreage

7 actually planted to the commodity for harvest in

8 the crop year involved; or

9 ‘‘(C) with respect to flexible acres as pro10 vided under section 2241(a)(2) for which no

11 such planting history is established, a quantity

12 of acreage determined to be fair and reasonable

13 by the Secretary.

14 ‘‘(3) ADJUSTMENTS.—The Secretary shall

15 make appropriate adjustments in applying for a crop

16 year the limitations contained in paragraph (2) to

17 take into account crop rotation practices of the pro18 ducers and any change in quotas for crops of to19 bacco for such crop year.

20 ‘‘(c) LIMITATION.—Payments provided under sub21 section (a) for a crop of a commodity may not be made

22 available to the producers on a farm unless such producers

23 enter into an agreement to obtain multiperil crop insur24 ance to the extent required under section 2247.
16

•S 1251 IS

1 ‘‘(d) SPECIAL RULES FOR PEANUTS.—Notwithstand2 ing any other provision of law—

3 ‘‘(1) a deficiency in production of quota peanuts

4 from a farm, as otherwise determined under this

5 section, shall be reduced by the quantity of peanut

6 poundage quota that was the basis of such antici7 pated production that has been transferred from the

8 farm;

9 ‘‘(2) payments made under this section shall be

10 made taking into account whether the deficiency for

11 which the deficiency in production is claimed was a

12 deficiency in production of quota or additional pea13 nuts and the payment rate shall be established ac14 cordingly; and

15 ‘‘(3) the quantity of undermarketings of quota

16 peanuts from a farm for a crop that may otherwise

17 be claimed under section 358–1 of the Agricultural

18 Adjustment Act of 1938 (7 U.S.C. 1358–1) for pur19 poses of future quota increases shall be reduced by

20 the quantity of the deficiency of production of such

21 peanuts for which payment has been received under

22 this section.

23 ‘‘(e) SPECIAL RULES FOR TOBACCO.—Notwithstand24 ing any other provision of law—
17

•S 1251 IS

1 ‘‘(1) the quantity of undermarketings of quota

2 tobacco from a farm for a crop that may otherwise

3 be claimed under section 317 or 319 of the Agricul4 tural Adjustment Act of 1938 (7 U.S.C. 1314c or

5 1314e) for purposes of future quota increases shall

6 be reduced by the quantity of the deficiency of pro7 duction of such tobacco for which payment has been

8 received under this section; and

9 ‘‘(2) disaster payments made to producers

10 under this section may not be considered by the Sec11 retary in determining the net losses of the Commod12 ity Credit Corporation under section 106A(d) of the

13 Agricultural Act of 1949 (7 U.S.C. 1445–1(d)).

14 ‘‘(f) SPECIAL RULE FOR SUGARCANE.—For purposes

15 of determining the total quantity of a crop of sugarcane

16 that the producers on a farm are able to harvest, the Sec17 retary shall make the determination based on the quantity

18 of recoverable sugar.

19 ‘‘SEC. 2244. OILSEEDS AND NONPROGRAM CROPS.

20 ‘‘(a) DISASTER PAYMENTS.—

21 ‘‘(1) IN GENERAL.—

22 ‘‘(A) ELIGIBILITY.—Effective for a crop

23 year only for the crops of oilseeds (as defined

24 in section 205(a) of the Agricultural Act of

25 1949 (7 U.S.C. 1446f(a)) and nonprogram
18

•S 1251 IS

1 crops, the Secretary shall make a disaster pay2 ment under this section available to the produc3 ers on a farm if the Secretary of Agriculture

4 determines that, because of damaging weather

5 or related condition, the total quantity of such

6 crop of the commodity that the producers are

7 able to harvest is less than—

8 ‘‘(i) with respect to oilseeds, the result

9 of multiplying 60 percent (or in the case of

10 producers who obtained crop insurance, if

11 available, for such crop year for the com12 modity under the Federal Crop Insurance

13 Act (7 U.S.C. 1501 et seq.), 65 percent) of

14 the State, area, or county yield, adjusted

15 for adverse weather conditions during the

16 three immediately preceding crop years, as

17 determined by the Secretary, for such crop

18 by the sum of the acreage planted for har19 vest and the acreage for which prevented

20 planting credit is approved by the Sec21 retary for such crop under subsection (b);

22 ‘‘(ii) with respect to nonprogram

23 crops (other than as provided in clauses

24 (i), (iii), (iv)), the result of multiplying 60

25 percent (or in the case of producers who
19

•S 1251 IS

1 obtained crop insurance, if available, for

2 such crop year for the commodity under

3 the Federal Crop Insurance Act (7 U.S.C.

4 1501 et seq.), 65 percent) of the yield es5 tablished by the Commodity Credit Cor6 poration under subsection (d)(2) for such

7 crop by the sum of the acreage planted for

8 harvest and the acreage for which pre9 vented planting credit is approved by the

10 Secretary for such crop under subsection

11 (b);

12 ‘‘(iii) with respect to crops covered in

13 section 207 of the Agricultural Act of 1949

14 (7 U.S.C. 1446h), 60 percent (or in the

15 case of producers who obtained crop insur16 ance, if available, for such crop year for

17 the commodity under the Federal Crop In18 surance Act (7 U.S.C. 1501 et seq.), 65

19 percent) of the historical annual yield of

20 the producers for such crops, as deter21 mined by the Secretary; and

22 ‘‘(iv) with respect to fish or seafood,

23 60 percent of the historical annual yield of

24 the producers of such crops, as determined

25 by the Secretary.
20

•S 1251 IS

1 ‘‘(B) PAYMENT RATE.—The payment shall

2 be made to such producers at a rate equal to

3 65 percent of the applicable payment level

4 under paragraph (2), as determined by the Sec5 retary, for any deficiency in production greater

6 than 40 percent for oilseeds and other

7 nonprogram crops for the crop, except that in

8 the case of producers who obtained crop insur9 ance, if available, for such crop under the Fed10 eral Crop Insurance Act (7 U.S.C. 1501 et

11 seq.), 35 percent.

12 ‘‘(C) LIMITATION ON ASSISTANCE FOR

13 AQUACULTURE.—The total amount of payments

14 made available to all producers under subpara15 graph (A)(iv) shall not exceed $30,000,000 in

16 any year.

17 ‘‘(2) PAYMENT LEVEL.—For purposes of para18 graph (1), the payment level for a commodity shall

19 equal the simple average price received by producers

20 of the commodity, as determined by the Secretary

21 subject to paragraph (3), during the marketing

22 years for the immediately preceding 5 crops of the

23 commodity, excluding the year in which the average

24 price was the highest and the year in which the av25 erage price was the lowest in such period.
21

•S 1251 IS

1 ‘‘(3) CALCULATION OF PAYMENTS FOR DIF2 FERENT VARIETIES.—

3 ‘‘(A) CROP-BY-CROP BASIS.—The Sec4 retary shall make disaster payments under this

5 subsection on a crop-by-crop basis, with consid6 eration given to markets and uses of the crops,

7 under regulations issued by the Secretary.

8 ‘‘(B) DIFFERENT VARIETIES.—For pur9 poses of determining the payment levels on a

10 crop-by-crop basis, the Secretary shall consider

11 as separate crops, and develop separate pay12 ment levels insofar as is practicable for, dif13 ferent varieties of the same commodity, and

14 commodities for which there is a significant dif15 ference in the economic value in the market.

16 ‘‘(C) DOUBLE CROPPING.—

17 ‘‘(i) TREATED SEPARATELY.—In the

18 case of a crop that is historically double

19 cropped (including two crops of the same

20 commodity) by the producers on a farm,

21 the Secretary shall treat each cropping

22 separately for purposes of determining

23 whether the crop was affected by damaging

24 weather or related condition and the total
22

•S 1251 IS

1 quantity of the crop that the producers are

2 able to harvest.

3 ‘‘(ii) APPLICATION OF SUBPARA4 GRAPH.—This subparagraph shall not

5 apply in the case of a replacement crop.

6 ‘‘(D) NAVEL AND VALENCIA ORANGES

7 TREATED AS SEPARATE CROPS.—For the pur8 pose of programs administered under this chap9 ter and the Consolidated Farm and Rural De10 velopment Act (7 U.S.C. 1921 et seq.), navel

11 oranges and valencia oranges shall be consid12 ered separate crops.

13 ‘‘(4) EXCLUSIONS FROM HARVESTED QUAN14 TITIES.—For purposes of determining the total

15 quantity of a nonprogram crop of the commodity

16 that the producers on a farm are able to harvest

17 under paragraph (1), the Secretary shall exclude—

18 ‘‘(A) commodities that cannot be sold in

19 normal commercial channels of trade; and

20 ‘‘(B) dockage, including husks and shells,

21 if such dockage is excluded in determining

22 yields under subsection (d)(2).

23 ‘‘(b) PREVENTED PLANTING CREDIT.—

24 ‘‘(1) IN GENERAL.—The Secretary shall provide

25 prevented planting credit under subsection (a) with
23

•S 1251 IS

1 respect to acreage for a crop year that producers on

2 a farm were prevented from planting to the crop of

3 the commodity for harvest because of damaging

4 weather or related condition, as determined by the

5 Secretary.

6 ‘‘(2) MAXIMUM ACREAGE.—Such acreage may

7 not exceed the greater of—

8 ‘‘(A) a quantity equal to the acreage on

9 the farm planted (or prevented from being

10 planted due to a natural disaster or other con11 dition beyond the control of the producers) to

12 the commodity for harvest in the immediately

13 preceding crop year minus acreage actually

14 planted for harvest in the crop year involved;

15 ‘‘(B) a quantity equal to the average of the

16 acreage on the farm planted (or prevented from

17 being planted due to a natural disaster or other

18 condition beyond the control of the producers)

19 to the commodity for harvest in the three im20 mediately preceding crop years minus acreage

21 actually planted to the commodity for harvest in

22 the crop year involved; or

23 ‘‘(C) with respect to flexible acres as pro24 vided under section 2241(a)(2) for which no

25 such planting history is established, a quantity
24

•S 1251 IS

1 of acreage determined to be fair and reasonable

2 by the Secretary.

3 ‘‘(3) ADJUSTMENTS.—The Secretary shall

4 make appropriate adjustments in applying the limi5 tations contained in paragraph (2) to take into ac6 count crop rotation practices of the producers.

7 ‘‘(c) LIMITATION.—Payments provided under sub8 section (a) for a crop of a commodity may not be made

9 available to the producers on a farm unless such producers

10 enter into an agreement to obtain multiperil crop insur11 ance to the extent required under section 2247.

12 ‘‘(d) SPECIAL RULES FOR NONPROGRAM CROPS.—

13 ‘‘(1) NONPROGRAM CROP DEFINED.—

14 ‘‘(A) INCLUDED IN DEFINITION.—Except

15 as provided in subparagraph (B), for purposes

16 of this section, the term ‘nonprogram crop’

17 means—

18 ‘‘(i) all crops for which crop insurance

19 through the Federal Crop Insurance Cor20 poration was available for a crop year; and

21 ‘‘(ii) other commercial crops for which

22 such insurance was not available for such

23 crop year, including but not limited to—
25

•S 1251 IS

1 ‘‘(I) ornamentals, such as flower2 ing shrubs, flowering trees, field or

3 container grown roses, or turf;

4 ‘‘(II) sweet potatoes; and

5 ‘‘(III) fish or seafood produced in

6 established freshwater commercial

7 aquaculture operations.

8 ‘‘(B) EXCEPTION.—The term ‘nonprogram

9 crop’ in subparagraph (A) shall not include a

10 crop covered under section 2241, 2242, or

11 2243, or oilseeds.

12 ‘‘(2) FARM YIELDS.—

13 ‘‘(A) ESTABLISHMENT.—The Commodity

14 Credit Corporation shall establish disaster pro15 gram farm yields for nonprogram crops to carry

16 out this section.

17 ‘‘(B) PROVEN YIELDS AVAILABLE.—If the

18 producers on a farm can provide satisfactory

19 evidence to the Commodity Credit Corporation

20 of actual crop yields on the farm for at least

21 one of the immediately preceding three crop

22 years, the yield for the farm shall be based on

23 such proven yield.

24 ‘‘(C) PROVEN YIELDS NOT AVAILABLE.—If

25 such data do not exist for any of the three pre-
26

•S 1251 IS

1 ceding crop years, the Commodity Credit Cor2 poration shall establish a yield for the farm by

3 using a county average yield for the commodity,

4 or by using other data available to it.

5 ‘‘(D) COUNTY AVERAGE YIELDS.—In es6 tablishing county average yields for nonprogram

7 crops, the Commodity Credit Corporation shall

8 use the best available information concerning

9 yields. Such information may include extension

10 service records, credible nongovernmental stud11 ies, and yields in similar counties.

12 ‘‘(3) RESPONSIBILITY OF PRODUCERS.—It shall

13 be the responsibility of the producers of nonprogram

14 crops to provide satisfactory evidence of crop losses

15 for a crop year resulting from damaging weather or

16 related condition in order for such producers to ob17 tain disaster payments under this section.

18 ‘‘SEC. 2245. CROP QUALITY REDUCTION DISASTER PAY19 MENTS.

20 ‘‘(a) IN GENERAL.—To ensure that all producers of

21 crops covered under sections 2241 through 2244 are treat22 ed equitably, the Secretary of Agriculture shall make addi23 tional disaster payments to producers of such crops for

24 a crop year who suffer losses resulting from the reduced
27

•S 1251 IS

1 quality of such crops caused by damaging weather or re2 lated condition, as determined by the Secretary.

3 ‘‘(b) ELIGIBLE PRODUCERS.—If the Secretary deter4 mines to make crop quality disaster payments available

5 to producers under subsection (a), producers on a farm

6 of a crop described in subsection (a) shall be eligible to

7 receive reduced quality disaster payments only if such pro8 ducers incur a deficiency in production of not less than

9 35 percent and not more than 75 percent for such crop

10 (as determined under section 2241, 2242, 2243, or 2244,

11 as appropriate).

12 ‘‘(c) MAXIMUM PAYMENT RATE.—The Secretary

13 shall establish the reduced quality disaster payment rate,

14 except that such rate shall not exceed 10 percent, as deter15 mined by the Secretary, of—

16 ‘‘(1) the established price for the crop, for com17 modities covered under section 2241;

18 ‘‘(2) the basic county loan rate for the crop (or

19 a comparable price if there is no current basic coun20 ty loan rate), for commodities covered under section

21 2242;

22 ‘‘(3) the payment level under section

23 2243(a)(3), for commodities covered by section

24 2243; and
28

•S 1251 IS

1 ‘‘(4) the payment level under section

2 2244(a)(2), for commodities covered under section

3 2244.

4 ‘‘(d) DETERMINATION OF PAYMENT.—The amount

5 of payment to a producer under this section shall be deter6 mined by multiplying the payment rate established under

7 subsection (c) by the portion of the actual harvested crop

8 on the producer’s farm that is reduced in quality by such

9 natural disaster, as determined by the Secretary.

10 ‘‘SEC. 2246. EFFECT OF FEDERAL CROP INSURANCE PAY11 MENTS.

12 ‘‘In the case of producers on a farm who obtained

13 crop insurance for a crop of a commodity under the Fed14 eral Crop Insurance Act (7 U.S.C. 1501 et seq.), the Sec15 retary of Agriculture shall reduce the amount of payments

16 made available under this subchapter for such crop to the

17 extent that the amount determined by adding the net

18 amount of crop insurance indemnity payment (gross in19 demnity less premium paid) received by such producers

20 for the deficiency in the production of the crop and the

21 disaster payment determined in accordance with this chap22 ter for such crop exceeds the amount determined by mul23 tiplying—
29

•S 1251 IS

1 ‘‘(1) 100 percent of the yield used for the cal2 culation of disaster payments made under this chap3 ter for such crop; by

4 ‘‘(2) the sum of the acreage of such crop plant5 ed to harvest and the acreage for which prevented

6 planting credit is approved by the Secretary (or, in

7 the case of disaster payments under section 2241,

8 the eligible acreage established under paragraphs (1)

9 and (3)(A) of section 2241(a)); by

10 ‘‘(3)(A) in the case of producers who partici11 pated in a production adjustment program for the

12 crop of wheat, feed grains, upland cotton, extra long

13 staple cotton, or rice for such crop year, the estab14 lished price for such crop of the commodity;

15 ‘‘(B) in the case of producers who did not par16 ticipate in a production adjustment program for the

17 crop of wheat, feed grains, upland cotton, extra long

18 staple cotton, or rice for such crop year (and, with

19 respect to flexible acres as provided under section

20 2241(a)(2), in the case of those producers who did

21 participate in such program for such year), the basic

22 county loan rate (or a comparable price, as deter23 mined by the Secretary, if there is no current basic

24 county loan rate) for such crop of the commodity;
30

•S 1251 IS

1 ‘‘(C) in the case of producers of sugar beets,

2 sugarcane, peanuts, or tobacco, the payment level

3 for the commodity established under section

4 2243(a)(3); and

5 ‘‘(D) in the case of producers of oilseeds or a

6 nonprogram crop (as defined in section 2244(d)(1)),

7 the simple average price received by producers of the

8 commodity, as determined by the Secretary, during

9 the marketing years for the immediately preceding

10 five crops of the commodity, excluding the year in

11 which the average price was the highest and the year

12 in which the average price was the lowest in such

13 period.

14 ‘‘SEC. 2247. CROP INSURANCE COVERAGE FOR NEXT CROP

15 YEAR.

16 ‘‘(a) REQUIREMENT.—To be eligible to receive for a

17 crop year a disaster payment under this subchapter, an

18 emergency loan under subtitle C of the Consolidated Farm

19 and Rural Development Act (7 U.S.C. 1961 et seq.) for

20 crop losses due to damaging weather or related conditions,

21 or forgiveness of the repayment of advance deficiency pay22 ments under section 2241(b), the producers on a farm

23 shall agree to obtain multiperil crop insurance under the

24 Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for

25 the first crop year that begins after the producer receives
31

•S 1251 IS

1 the payment, loan, or forgiveness for the crop of the com2 modity for which such payments, loans, or forgiveness are

3 sought.

4 ‘‘(b) LIMITATIONS.—Notwithstanding subsection (a),

5 producers on a farm shall not be required to agree to ob6 tain crop insurance under subsection (a) for a commod7 ity—

8 ‘‘(1) unless such producers’ deficiency in pro9 duction, with respect to the crop for which a disaster

10 payment under this chapter otherwise may be made,

11 exceeds 65 percent;

12 ‘‘(2) where, or if, crop insurance coverage is not

13 available to the producers for the commodity for

14 which the payment, loan, or forgiveness is sought;

15 ‘‘(3) if the producers’ annual premium rate for

16 such crop insurance is an amount greater than 125

17 percent of the average premium rate for insurance

18 on that commodity for the preceding crop year in

19 the county in which the producers are located;

20 ‘‘(4) in any case in which the producers’ annual

21 premium for such crop insurance is an amount

22 greater than 25 percent of the amount of the pay23 ment, loan, or forgiveness received; or

24 ‘‘(5) if the producers can establish by appeal to

25 the county committee established under section 8(b)
32

•S 1251 IS

1 of the Soil Conservation and Domestic Allotment

2 Act (16 U.S.C. 590(b)), or to the county committee

3 established under section 332 of the Consolidated

4 Farm and Rural Development Act (17 U.S.C.

5 1982), as appropriate, that the purchase of crop in6 surance would impose an undue financial hardship

7 on such producers and that a waiver of the require8 ment to obtain crop insurance should, in the discre9 tion of the county committee, be granted.

10 ‘‘(c) IMPLEMENTATION.—

11 ‘‘(1) COUNTY COMMITTEES.—The Secretary of

12 Agriculture shall ensure (acting through the county

13 committees established under section 8(b) of the Soil

14 Conservation and Domestic Allotment Act and lo15 cated in the counties in which the assistance pro16 grams provided for under sections 2241 through

17 2245 are implemented, and through the county com18 mittees established under section 332 of the Consoli19 dated Farm and Rural Development Act in counties

20 in which emergency loans, as described in subsection

21 (a), are made available) that producers who apply

22 for assistance, as described in subsection (a), obtain

23 multiperil crop insurance as required under this

24 section.
33

•S 1251 IS

1 ‘‘(2) OTHER SOURCES.—Each producer who is

2 subject to the requirements of this section may com3 ply with such requirements by providing evidence of

4 multiperil crop insurance coverage from sources

5 other than through the county committee office, as

6 approved by the Secretary.

7 ‘‘(3) COMMISSIONS.—The Secretary shall pro8 vide by regulation for a reduction in the commis9 sions paid to private insurance agents, brokers, or

10 companies on crop insurance contracts entered into

11 under this section sufficient to reflect that such in12 surance contracts principally involve only a servicing

13 function to be performed by the agent, broker, or

14 company.

15 ‘‘(d) REPAYMENT OF BENEFITS.—Notwithstanding

16 any other provision of law, if (before the end of the crop

17 year for which multiperil crop insurance is obtained pursu18 ant to subsection (a)) such crop insurance coverage is can19 celed by the producer, the producer—

20 ‘‘(1) shall make immediate repayment to the

21 Secretary of any disaster payment or forgiven ad22 vance deficiency payment that the producer other23 wise is required to repay; and

24 ‘‘(2) shall become immediately liable for full re25 payment of all principal and interest outstanding on
34

•S 1251 IS

1 any emergency loan described in subsection (a) made

2 subject to this section.

3 ‘‘SEC. 2248. CROPS HARVESTED FOR FORAGE USES.

4 ‘‘Not later than 45 days after funds are appropriated

5 to carry out this subchapter for a crop year, the Secretary

6 of Agriculture shall announce the terms and conditions by

7 which producers on a farm may establish a yield for that

8 crop year with respect to crops that were, or will be, har9 vested during such crop year for silage and other forage

10 uses.

11 ‘‘SEC. 2249. PAYMENT LIMITATIONS.

12 ‘‘(a) LIMITATION.—Subject to subsections (b) and

13 (c), the total amount of payments that a person shall be

14 entitled to receive for a crop year under one or more of

15 the programs established under this subchapter may not

16 exceed $100,000.

17 ‘‘(b) NO DOUBLE BENEFITS.—No person may re18 ceive disaster payments for a crop year under this sub19 chapter to the extent that such person receives a livestock

20 emergency benefit for lost feed production in that year

21 under section 606 of the Agricultural Act of 1949 (7

22 U.S.C. 1471d).

23 ‘‘(c) COMBINED LIMITATION.—

24 ‘‘(1) IN GENERAL.—No person may receive any

25 payment under this subchapter or benefit under title
35

•S 1251 IS

1 VI of the Agricultural Act of 1949 (7 U.S.C. 1471

2 et seq.) for livestock emergency losses suffered in a

3 crop year if such payment or benefit will cause the

4 combined total amount of such payments and bene5 fits received by such person in such year to exceed

6 $100,000.

7 ‘‘(2) ELECTION.—If a producer is subject to

8 paragraph (1), the person may elect (subject to the

9 benefits limitations under section 609 of the Agricul10 tural Act of 1949 (7 U.S.C. 1471g)) whether to re11 ceive the $100,000 in such payments, or such live12 stock emergency benefits (not to exceed $50,000), or

13 a combination of payments and benefits specified by

14 the person.

15 ‘‘(d) REGULATIONS.—The Secretary of Agriculture

16 shall issue regulations prescribing such rules as the Sec17 retary determines necessary to ensure a fair and reason18 able application of the limitations established under this

19 section.

20 ‘‘SEC. 2250. SUBSTITUTION OF CROP INSURANCE PROGRAM

21 YIELDS.

22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro23 vision of this chapter, the Secretary of Agriculture may

24 permit each eligible producer of a crop of a commodity

25 who has obtained multiperil crop insurance for such crop
36

•S 1251 IS

1 for a crop year or, as provided in subsection (c), the pre2 ceding crop year under the Federal Crop Insurance Act

3 (7 U.S.C. 1501 et seq.) to substitute, at the discretion

4 of the producer, the crop insurance yield for such crop,

5 as established under such Act, for the farm yield otherwise

6 assigned to the producer under this subchapter, for the

7 purposes of determining such producer’s eligibility for a

8 disaster payment on such crop under this subchapter for

9 the crop year involved and the amount of such payment.

10 ‘‘(b) ADJUSTMENT OF ADVANCED DEFICIENCY PAY11 MENTS.—

12 ‘‘(1) IN GENERAL.—Notwithstanding any other

13 provision of this chapter, if an eligible producer of

14 wheat, feed grains, upland cotton, extra long staple

15 cotton, or rice for a crop year elects to substitute

16 yields for such producer’s crop under subsection (a),

17 the producer’s eligibility for a waiver of repayment

18 of an advance deficiency payment on such crop

19 under this chapter shall be adjusted as provided in

20 paragraph (2).

21 ‘‘(2) AMOUNT.—The amount of production of

22 such crop on which the producer otherwise would be

23 eligible for waiver of repayment of advance defi24 ciency payments under this subchapter shall be re-
37

•S 1251 IS

1 duced by an amount of production equal to the dif2 ference between—

3 ‘‘(A) the amount of production eligible for

4 disaster payments under this subchapter using

5 a substituted yield under this section; and

6 ‘‘(B) the amount of production that would

7 have been eligible for disaster payments using

8 the farm program payment yield otherwise as9 signed to the producer under this chapter.

10 ‘‘(c) MULTIPERIL CROP INSURANCE NOT AVAIL11 ABLE.—A producer may use the crop insurance yield for

12 the producer’s crop of a commodity for the preceding crop

13 year for purposes of substituting yields under subsection

14 (a) if the producer demonstrates to the Secretary that,

15 through no fault of the producer, multiperil crop insurance

16 under the Federal Crop Insurance Act was not made avail17 able to the producer for the producer’s crop of the com18 modity for the crop year involved.

19 ‘‘(d) DEFINITION OF ELIGIBLE PRODUCER.—For

20 purposes of this section, the term ‘eligible producer’ means

21 a producer of a crop of wheat, feed grains, upland cotton,

22 extra long staple cotton, rice, or oilseeds.

23 ‘‘SEC. 2251. DE MINIMIS YIELDS.

24 ‘‘The Secretary of Agriculture may determine a de

25 minimis yield for each crop eligible for reduced yield disas-
38

•S 1251 IS

1 ter payments under this subchapter. The de minimis yield

2 shall be set at a level that will minimize any incentive (be3 cause of the prospect of disaster payments) for a producer

4 to abandon crops that have a value that exceeds the cost

5 of harvesting. In no case may the de minimis yield be less

6 than the amount of production that, when valued at cur7 rent market prices, equals the average cost of harvesting

8 the crop, as determined by the Secretary. Any producer

9 whose actual yield for a crop is equal to or less than the

10 de minimis yield for such crop shall be considered as hav11 ing an actual yield of zero for the purpose of calculating

12 any reduced yield disaster payments for such crop under

13 this subchapter.

14 ‘‘SEC. 2252. SEPARATE TREATMENT OF EACH PRODUCER

15 ON A FARM.

16 ‘‘A producer on a farm who produces any crop of a

17 commodity for which disaster payments are made available

18 under this subchapter shall qualify for a disaster payment

19 if the total quantity of the commodity that the producer

20 is able to harvest on that farm is reduced as a result of

21 damaging weather or related condition in an amount that

22 meets the criteria of section 2241, 2242, 2243, or 2244,

23 even though the producers on the farm, collectively, may

24 not meet such criteria.
39

•S 1251 IS

1 ‘‘SEC. 2253. DEFINITIONS.

2 ‘‘For purposes of this chapter:

3 ‘‘(1) DAMAGING WEATHER.—The term ‘damag4 ing weather’ includes but is not limited to drought,

5 hail, excessive moisture, freeze, tornado, hurricane,

6 earthquake, or excessive wind (or any combination

7 thereof) that occurs during the calendar year in

8 which the crop involved is intended to be harvested

9 or the preceding calendar year.

10 ‘‘(2) RELATED CONDITION.—The term ‘related

11 condition’ includes but is not limited to insect infes12 tations, plant diseases, or other deterioration of a

13 crop of a commodity, including aflatoxin, that is ac14 celerated or exacerbated naturally as a result of

15 damaging weather occurring prior to or during har16 vest.

17 ‘‘(3) PERSON.—The term ‘person’ shall have

18 the meaning given such term by the Secretary in

19 regulations, which shall conform, to the extent prac20 ticable, to the regulations defining such term issued

21 under section 1001 of the Food Security Act of

22 1985 (7 U.S.C. 1308) and the Disaster Assistance

23 Act of 1988 (7 U.S.C. 1421 note).
40

•S 1251 IS

1 ‘‘Subchapter B—Orchards

2 ‘‘SEC. 2255. ELIGIBILITY.

3 ‘‘(a) LOSS.—The Secretary of Agriculture shall pro4 vide assistance under section 2256 to eligible orchardists

5 that planted trees for commercial purposes but lost such

6 trees as a result of damaging weather or related condition

7 occurring in 1993 or a subsequent calendar year.

8 ‘‘(b) LIMITATION.—An eligible orchardist shall qual9 ify for assistance under subsection (a) only if such or10 chardist’s tree mortality, as a result of the damaging

11 weather or related condition, exceeds 35 percent (adjusted

12 for normal mortality).

13 ‘‘SEC. 2256. ASSISTANCE.

14 ‘‘The assistance provided by the Secretary of Agri15 culture to eligible orchardists for losses described in sec16 tion 2255 shall consist of either—

17 ‘‘(1) reimbursement of 65 percent of the cost of

18 replanting trees lost and rehabilitating or restoring

19 trees damaged as a result of damaging weather or

20 related condition in the calendar year involved in ex21 cess of 35 percent mortality (adjusted for normal

22 mortality); or

23 ‘‘(2) at the discretion of the Secretary, suffi24 cient seedlings to reestablish the stand.
41

•S 1251 IS

1 ‘‘SEC. 2257. DEFINITION.

2 ‘‘For purposes of this subchapter, the term ‘eligible

3 orchardist’ means a person who produces annual crops

4 from trees for commercial purposes and owns 500 acres

5 or less of such trees.

6 ‘‘SEC. 2258. DUPLICATIVE PAYMENTS.

7 ‘‘The Secretary of Agriculture shall establish guide8 lines to ensure that no person receives duplicative pay9 ments under this subchapter and the forestry incentives

10 program, agricultural conservation program, or other Fed11 eral program.

12 ‘‘Subchapter C—Forest Crops

13 ‘‘SEC. 2261. ELIGIBILITY.

14 ‘‘(a) LOSS.—The Secretary of Agriculture shall pro15 vide assistance, as specified in section 2262, to eligible

16 tree farmers that planted tree seedlings in a calendar year

17 or the next calendar year for commercial purposes but lost

18 such seedlings as a result of damaging weather or related

19 condition occurring in such next calendar year, as deter20 mined by the Secretary.

21 ‘‘(b) LIMITATION.—An eligible tree farmer shall qual22 ify for assistance under subsection (a) only if such tree

23 farmer’s tree seedling mortality, as a result of the damag24 ing weather or related condition, exceeds 35 percent (ad25 justed for normal mortality).
42

•S 1251 IS

1 ‘‘SEC. 2262. ASSISTANCE.

2 ‘‘The assistance provided by the Secretary of Agri3 culture to eligible tree farmers for losses described in sec4 tion 2261 shall consist of either—

5 ‘‘(1) reimbursement of 65 percent of the cost of

6 replanting seedlings lost due to damaging weather or

7 related conditions in the calendar year involved in

8 excess of 35 percent mortality (adjusted for normal

9 mortality); or

10 ‘‘(2) at the discretion of the Secretary, suffi11 cient tree seedlings to reestablish the stand.

12 ‘‘SEC. 2263. LIMITATION ON ASSISTANCE.

13 ‘‘(a) LIMITATION.—The total amount of payments

14 that a person shall be entitled to receive under this sub15 chapter may not exceed $25,000 for a calendar year, or

16 an equivalent value in tree seedlings.

17 ‘‘(b) REGULATIONS.—The Secretary of Agriculture

18 shall issue regulations prescribing such rules as the Sec19 retary determines necessary to ensure a fair and reason20 able application of the limitation established under this

21 section.

22 ‘‘SEC. 2264. DEFINITION.

23 ‘‘For purposes of this subchapter, the term ‘eligible

24 tree farmer’ means a person who grows trees for harvest

25 for commercial purposes and owns 1,000 acres or less of

26 such trees.
43

•S 1251 IS

1 ‘‘SEC. 2265. DUPLICATIVE PAYMENTS.

2 ‘‘The Secretary of Agriculture shall establish guide3 lines to ensure that no person receives duplicative pay4 ments under this subchapter and the forestry incentives

5 program, agricultural conservation program, or other Fed6 eral program.

7 ‘‘Subchapter D—Administrative Provisions

8 ‘‘SEC. 2266. INELIGIBILITY.

9 ‘‘(a) GENERAL RULE.—A person who has qualifying

10 gross revenues in excess of $2,000,000 annually, as deter11 mined by the Secretary of Agriculture, shall not be eligible

12 to receive any disaster payment or other benefits under

13 this chapter.

14 ‘‘(b) QUALIFYING GROSS REVENUES.—For purposes

15 of this section, the term ‘qualifying gross revenues’

16 means—

17 ‘‘(1) if a majority of the person’s annual income

18 is received from farming, ranching, and forestry op19 erations, the gross revenue from the person’s farm20 ing, ranching, and forestry operations; and

21 ‘‘(2) if less than a majority of the person’s an22 nual income is received from farming, ranching, and

23 forestry operations, the person’s gross revenue from

24 all sources.

25 ‘‘SEC. 2267. TIMING AND MANNER OF ASSISTANCE.

26 ‘‘(a) TIMING OF ASSISTANCE.—
44

•S 1251 IS

1 ‘‘(1) ASSISTANCE MADE AVAILABLE AS SOON AS

2 PRACTICABLE.—Subject to paragraph (2), the Sec3 retary of Agriculture shall make disaster assistance

4 available under this chapter for a crop year or a cal5 endar year, as applicable, as soon as practicable

6 after the date on which appropriations are made

7 available to carry out this chapter for such year.

8 ‘‘(2) COMPLETED APPLICATION.—No payment

9 or benefit provided under this chapter shall be pay10 able or due until such time as a completed applica11 tion for such payment or benefit for a crop of a com12 modity has been approved.

13 ‘‘(b) MANNER.—The Secretary may make payments

14 available under subchapter A in the form of cash, com15 modities, or commodity certificates, as determined by the

16 Secretary.

17 ‘‘SEC. 2268. COMMODITY CREDIT CORPORATION.

18 ‘‘(a) USE.—The Secretary of Agriculture shall use

19 the funds, facilities, and authorities of the Commodity

20 Credit Corporation in carrying out this chapter.

21 ‘‘(b) EXISTING AUTHORITY.—The authority provided

22 by this chapter shall be in addition to, and not in place

23 of, any authority granted to the Secretary or the Commod24 ity Credit Corporation under any other provision of law.
45

•S 1251 IS

1 ‘‘SEC. 2269. EMERGENCY LOANS.

2 ‘‘Section 321(b) of the Consolidated Farm and Rural

3 Development Act (7 U.S.C. 1961(b)) shall not apply for

4 a calendar year to persons who otherwise would be eligible

5 for an emergency loan under subtitle C of such Act, if

6 such eligibility is the result of damage to an annual crop

7 planted for harvest in such year.

8 ‘‘SEC. 2270. REGULATIONS.

9 ‘‘The Secretary of Agriculture or the Commodity

10 Credit Corporation, as appropriate, shall issue regulations

11 to implement this chapter as soon as practicable after the

12 date on which appropriations are made to carry out this

13 chapter, without regard to the requirement for notice and

14 public participation in rule making prescribed in section

15 553 of title 5, United States Code, or in any directive of

16 the Secretary.

17 ‘‘Subchapter E—Appropriations

18 ‘‘SEC. 2271. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘Any benefits or assistance (including the

20 foregiveness of unearned advanced deficiency payments or

21 any emergency loans) made available under this chapter

22 shall be provided for a year only to the extent provided

23 for in advance in appropriations Acts. To carry out this

24 chapter, there are authorized to be appropriated such

25 sums as may be necessary. Sums appropriated under this

26 section shall remain available until expended.
46

•S 1251 IS

1 ‘‘SEC. 2272. PRORATION OF BENEFITS.

2 ‘‘Any funds made available for carrying out this chap3 ter for a calendar year in appropriations Acts shall be pro4 rated to all producers eligible for assistance under this

5 chapter in such year.

6 ‘‘Subchapter F—Application of Chapter

7 ‘‘SEC. 2273. APPLICATION OF CHAPTER.

8 ‘‘(a) ANNUAL CROPS.—Subchapter A and section

9 2269 shall apply only with respect to the 1993 and subse10 quent crops.

11 ‘‘(b) ORCHARDS AND FOREST CROPS.—Subchapters

12 B and C shall apply only with respect to the 1993 and

13 subsequent calendar years.’’.

14 (b) APPLICATION FOR ASSISTANCE.—

15 (1) PRODUCERS AFFECTED BY AMEND16 MENTS.—In the case of agricultural producers of

17 1993 or subsequent crops who are affected by the

18 amendments made by this section, the Secretary of

19 Agriculture shall allow those producers to submit ap20 plications for initial or additional assistance under

21 chapter 3 of subtitle B of title XXII of the Food,

22 Agriculture, Conservation, and Trade Act of 1990 (7

23 U.S.C. 1421 note) until the later of—

24 (A) the date established by the Secretary

25 under section 2267(a) of such Act for final sub26 mission of applications;
47

•S 1251 IS

1 (B) the end of the 60-day period beginning

2 on the date of the enactment of this Act; or

3 (C) the end of the 60-day period beginning

4 on the date on which funds are appropriated to

5 provide assistance for losses resulting from dis6 asters as provided under chapter 3 of subtitle

7 B or subtitle C of title XXII of the Food, Agri8 culture, Conservation, and Trade Act of 1990,

9 or under this Act.

10 (2) NOTICE OF DETERMINATION.—Not later

11 than 60 days after the date on which the Secretary

12 receives an application for assistance under sub13 section (a), the Secretary shall inform the producer

14 submitting the application of the Secretary’s deter15 mination with regard to the application.

16 (c) CLERICAL AMENDMENTS.—The table of contents

17 in section 1(b) of the Food, Agriculture, Conservation, and

18 Trade Act of 1990 (Public Law 101–624; 104 Stat. 3359)

19 is amended—

20 (1) by inserting after the item relating to the

21 chapter heading of chapter 3 of subtitle B of title

22 XXII of such Act the following new item:

‘‘Sec. 2240. Short title.’’;

23 (2) by striking the item relating to section 2242

24 and inserting the following new item:
48

•S 1251 IS

‘‘Sec. 2242. Payments to program nonparticipants for target price commodities

and payments to program participants for target price commodities on flexible acres.’’;

1 (3) by striking the item relating to section 2244

2 and inserting the following new item:

‘‘Sec. 2244. Oilseeds and nonprogram crops.’’;

3 (4) by striking the item relating to section 2247

4 and inserting the following new item:

‘‘Sec. 2247. Crop insurance coverage required for next crop year.’’;

5 (5) by striking the item relating to section 2251

6 and inserting the following new items:

‘‘Sec. 2251. De minimis yields.

‘‘Sec. 2252. Separate treatment of each producer on a farm.

‘‘Sec. 2253. Definitions.’’; and

7 (6) by inserting after the item relating to sec8 tion 2272 the following new items:

‘‘SUBCHAPTER F—APPLICATION OF CHAPTER

‘‘Sec. 2273. Application of chapter.’’.

9 SEC. 2. EMERGENCY GRANTS TO ASSIST LOW-INCOME MI10 GRANT AND SEASONAL FARMWORKERS.

11 (a) INCLUSION OF PERMANENT FARMWORKERS AND

12 PACKINGHOUSE WORKERS.—Section 2281 of the Food,

13 Agriculture, Conservation, and Trade Act of 1990 (42

14 U.S.C. 5177a) is amended—

15 (1) by inserting ‘‘, permanent,’’ after ‘‘migrant’’

16 each place it appears; and

17 (2) in subsection (b)—

18 (A) by inserting ‘‘(including a packing19 house worker)’’ after ‘‘an individual’’; and
49

•S 1251 IS

1 (B) by inserting ‘‘or packinghouse work’’

2 after ‘‘farm work’’ both places it appears.

3 (b) CLERICAL AMENDMENTS.—

4 (1) SECTION HEADING.—The section heading of

5 such section is amended to read as follows:

6 ‘‘SEC. 2281. EMERGENCY GRANTS TO ASSIST LOW-INCOME

7 FARMWORKERS AND PACKINGHOUSE WORK8 ERS.’’.

9 (2) TABLE OF CONTENTS.—The item relating

10 to such section in the table of contents in section

11 1(b) of the Food, Agriculture, Conservation, and

12 Trade Act of 1990 (Public Law 101–624; 104 Stat.

13 3359) is amended to read as follows:

‘‘Sec. 2281. Emergency grants to assist low-income farmworkers and packinghouse workers.’’.

14 SEC. 3. EMERGENCY FEED ASSISTANCE.

15 Title VI of the Agricultural Act of 1949 (7 U.S.C.

16 1471 et seq.) is amended—

17 (1) in section 602(1)(A)(i) by striking ‘‘live18 stock or a dairy producer’’ and inserting ‘‘livestock,

19 a dairy producer, or a beekeeper’’;

20 (2) in section 602(1)(A)(ii) by inserting after

21 ‘‘husbandry,’’ the term ‘‘beekeeping,’’;

22 (3) in section 602(1)(B) by inserting after

23 ‘‘husbandry,’’ the term ‘‘beekeeping,’’;
50

•S 1251 IS

1 (4) in section 602(2) by inserting after ‘‘pro2 duction of food,’’ and the term ‘‘bees,’’; and

3 (5) in section 602(b)(1)(A) by inserting after

4 ‘‘ranching,’’ the term ‘‘beekeeping,’’.

Æ

S 1251 IS——2

S 1251 IS——3

S 1251 IS——4

S 1251 IS——5