I 

112TH CONGRESS 

1ST SESSION H. R. 2905 

To temporarily waive the risk management purchase requirement for agricultural producers adversely impacted by Hurricane Irene or Tropical Storm 

Lee so that such producers are eligible to receive assistance under the 

Supplemental Revenue Assistance Program (SURE), Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program 

(ELAP), and Tree Assistance Program (TAP). 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2011 

Mr. GIBSON (for himself, Mr. WELCH, Mr. TONKO, Mr. HINCHEY, Mr. 

MARINO, Mr. OWENS, Mr. MCINTYRE, Ms. DELAURO, Mr. COURTNEY, 

Ms. BUERKLE, Mr. LARSON of Connecticut, Mr. HANNA, and Ms. 

HAYWORTH) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Ways and 

Means, 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 temporarily waive the risk management purchase requirement for agricultural producers adversely impacted by 

Hurricane Irene or Tropical Storm Lee so that such 

producers are eligible to receive assistance under the 

Supplemental Revenue Assistance Program (SURE), 

Emergency Assistance for Livestock, Honey Bees, and 

Farm-Raised Fish Program (ELAP), and Tree Assistance Program (TAP). 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2905 IH

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

3 SECTION 1. CONDITIONAL WAIVER OF RISK MANAGEMENT 

4 PURCHASE REQUIREMENT FOR CERTAIN AG5 RICULTURAL PRODUCERS ADVERSELY IM6 PACTED BY HURRICANE IRENE OR TROPICAL 

7 STORM LEE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) DISASTER COUNTY.—The term ‘‘disaster 

10 county’’ means— 

11 (A) a county included in the geographical 

12 area covered by a qualifying natural disaster 

13 declaration; and 

14 (B) each county contiguous to a county de15 scribed in subparagraph (A). 

16 (2) QUALIFYING NATURAL DISASTER DECLARA17 TION.—The term ‘‘qualifying natural disaster dec18 laration’’ means— 

19 (A) a natural disaster declared by the Sec20 retary of Agriculture in 2011 due to damaging 

21 weather and other conditions relating to Hurri22 cane Irene or Tropical Storm Lee under section 

23 321(a) of the Consolidated Farm and Rural 

24 Development Act (7 U.S.C. 1961(a)); or 


emcdonald on DSK5VPTVN1PROD with BILLS
3 

•HR 2905 IH

1 (B) a major disaster or emergency des2 ignated by the President in 2011 due to dam3 aging weather and other conditions relating to 

4 Hurricane Irene or Tropical Storm Lee under 

5 the Robert T. Stafford Disaster Relief and 

6 Emergency Assistance Act (42 U.S.C. 5121 et 

7 seq.). 

8 (b) WAIVER.—Subject to subsection (c), subsection 

9 (g) of section 531 of the Federal Crop Insurance Act (7 

10 U.S.C. 1531) and subsection (g) of section 901 of the 

11 Trade Act of 1974 (19 U.S.C. 2497), relating to the risk 

12 management purchase requirement for supplemental agri13 cultural disaster assistance, shall not apply with respect 

14 to the operation of the Supplemental Revenue Assistance 

15 Program (SURE), the Livestock, Honey Bees, and Farm16 Raised Fish Program (ELAP), and the Tree Assistance 

17 Program (TAP) under such sections in a disaster county 

18 in response to damaging weather and other conditions re19 lating to Hurricane Irene or Tropical Storm Lee. 

20 (c) CONDITION.—If an agricultural producer on a 

21 farm in a disaster county becomes eligible for assistance 

22 under a supplemental agricultural disaster assistance pro23 gram specified in subsection (b) as a result of the waiver 

24 provided by such subsection, the producer shall agree, as 

25 a condition of receiving such assistance— 


emcdonald on DSK5VPTVN1PROD with BILLS
4 

•HR 2905 IH

1 (1) in the case of each insurable commodity of 

2 the producer on the farm, excluding grazing land, to 

3 obtain a policy or plan of insurance under the Fed4 eral Crop Insurance Act (7 U.S.C. 1501 et seq.) for 

5 the next crop of the commodity; and 

6 (2) in the case of each noninsurable commodity 

7 of the producer on the farm, to file the required pa8 perwork, and pay the administrative fee by the ap9 plicable State filing deadline, for the next crop of the 

10 commodity under the noninsured crop assistance 

11 program under section 196 of the of the Federal Ag12 riculture Improvement and Reform Act of 1996 (7 

13 U.S.C. 7333). 

14 (d) EFFECT OF VIOLATION.—If an agricultural pro15 ducer violates the condition imposed by subsection (c), the 

16 producer shall reimburse the Secretary of Agriculture for 

17 the full amount of the assistance provided to the producer 

18 under each of the supplemental agricultural disaster as19 sistance programs specified in subsection (b). 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS