I 
111TH CONGRESS 
1ST SESSION H. R. 4177 
To provide emergency disaster assistance to certain agricultural producers 
that suffered losses during 2009, to provide emergency disaster assistance 
to certain livestock producers that suffered losses during 2008 or 2009, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 2, 2009 
Mr. BERRY (for himself and Mr. CHILDERS) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committee on Appropriations, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide emergency disaster assistance to certain agricul-
tural producers that suffered losses during 2009, to pro-
vide emergency disaster assistance to certain livestock 
producers that suffered losses during 2008 or 2009, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agricultural Disaster Assistance Act of 2009’’. 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Supplemental direct payment. 
Sec. 4. Specialty crop assistance. 
Sec. 5. Cottonseed assistance. 
Sec. 6. Livestock assistance. 
Sec. 7. Relation to other laws. 
Sec. 8. Regulations. 
Sec. 9. Funding source. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DISASTER COUNTY.— 
(A) IN
GENERAL.—The term ‘‘disaster 
county’’ means a county included in the geo-
graphic area covered by a qualifying natural 
disaster declaration for calendar year 2009, ex-
cept that, in the case of livestock assistance au-
thorized under section 6, the term includes a 
county included in the geographic area covered 
by qualifying natural disaster declaration for 
calendar year 2008 or 2009. 
(B) 
EXCLUSION.—The 
term 
‘‘disaster 
county’’ does not include a contiguous county. 
(2) ELIGIBLE PRODUCER.—The term ‘‘eligible 
producer’’ means an agricultural producer in a dis-
aster county. 
(3) ELIGIBLE SPECIALTY CROP PRODUCER.— 
The term ‘‘eligible specialty crop producer’’ means 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
an agricultural producer that, during the 2009 cal-
endar year, as determined by the Secretary— 
(A) produced, or were prevented from 
planting, a specialty crop in 1 or more disaster 
counties; and 
(B) experienced crop losses associated with 
drought or excessive rainfall. 
(4) QUALIFYING NATURAL DISASTER DECLARA-
TION.—The term ‘‘qualifying natural disaster dec-
laration’’ means a natural disaster declared by the 
Secretary for production losses under section 321(a) 
of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1961(a)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(6) SPECIALTY
CROP.—The term ‘‘specialty 
crop’’ has the meaning given the term in section 3 
of the Specialty Crops Competitiveness Act of 2004 
(Public Law 108–465; 7 U.S.C. 1621 note). 
SEC. 3. SUPPLEMENTAL DIRECT PAYMENT. 
Of the funds of the Commodity Credit Corporation, 
the Secretary shall use such sums as are necessary to 
make a supplemental payment under section 1103 of the 
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
8713) to eligible producers that previously received a pay-
ment under that section. 
SEC. 4. SPECIALTY CROP ASSISTANCE. 
(a) IN GENERAL.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use not more than 
$650,000,000, to remain available until September 30, 
2011, to carry out a program of grants to States to assist 
eligible specialty crop producers for losses associated with 
drought or excessive rainfall during the 2009 calendar 
year. 
(b) NOTIFICATION.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall notify 
the State department of agriculture (or similar entity) in 
each State of the availability of funds to assist eligible spe-
cialty crop producers, including such terms as are deter-
mined by the Secretary to be necessary for the equitable 
treatment of eligible specialty crop producers. 
(c) PROVISION OF GRANTS.— 
(1) IN GENERAL.—The Secretary shall make 
grants to States under this section on a pro rata 
basis based on the value of specialty crop production 
during the 2008 calendar year, as determined by the 
Secretary. 
(2) TIMING.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
make grants to States to provide assistance under 
this section. 
(3) MAXIMUM GRANT.—The maximum amount 
of a grant made to a State under this section may 
not exceed $40,000,000. 
(d) REQUIREMENTS.—The Secretary shall make 
grants under this section only to States that demonstrate 
to the satisfaction of the Secretary that the State will— 
(1) use grant funds to assist eligible specialty 
crop producers; 
(2) provide assistance to eligible specialty crop 
producers not later than 60 days after the date on 
which the State receives grant funds; and 
(3) not later than 30 days after the date on 
which the State provides assistance to eligible spe-
cialty crop producers, submit to the Secretary a re-
port that describes— 
(A) the manner in which the State pro-
vided assistance; 
(B) the amounts of assistance provided by 
type of specialty crop; and 
(C) the process by which the State deter-
mined the levels of assistance to eligible spe-
cialty crop producers. 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
SEC. 5. COTTONSEED ASSISTANCE. 
(a) IN GENERAL.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use not more than 
$42,000,000 to provide supplemental assistance to eligible 
producers and first-handlers of the 2009 crop of cotton-
seed in disaster counties. 
(b) GENERAL TERMS.—Except as otherwise provided 
in this section, the Secretary shall provide disaster assist-
ance under this section under the same terms and condi-
tions as assistance provided under section 3015 of the 
Emergency Agricultural Disaster Assistance Act of 2006 
(title III of Public Law 109–234; 120 Stat. 477). 
(c) DISTRIBUTION OF ASSISTANCE.—The Secretary 
shall distribute assistance to first handlers for the benefit 
of eligible producers in a disaster county in an amount 
equal to the product obtained by multiplying— 
(1) the payment rate, as determined under sub-
section (d); and 
(2) the county-eligible production, as deter-
mined under subsection (e). 
(d) PAYMENT RATE.—The payment rate shall be 
equal to the quotient obtained by dividing— 
(1) the sum of the county-eligible production, as 
determined under subsection (e); by 
(2) the total funds made available to carry out 
this section. 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
(e) COUNTY-ELIGIBLE PRODUCTION.—The county- 
eligible production shall be equal to the product obtained 
by multiplying— 
(1) the number of acres planted to cotton in the 
disaster county, as reported to the Secretary by 
first-handlers; 
(2) the expected cotton lint yield for the dis-
aster county, as determined by the Secretary based 
on the best available information; and 
(3) the national average seed-to-lint ratio, as 
determined by the Secretary based on the best avail-
able information for the 5 crop years immediately 
preceding the 2009 crop, excluding the year in which 
the average ratio was the highest and the year in 
which the average ratio was the lowest in such pe-
riod. 
SEC. 6. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.— 
(1) IN
GENERAL.—Subject to subsection (c), 
the Secretary shall continue to carry out the 2002 
Livestock Compensation Program announced by the 
Secretary on October 10, 2002 (67 Fed. Reg. 
63070) (referred to in this subsection as the ‘‘Pro-
gram’’). 
VerDate Nov 24 2008 
04:05 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
(2) ASSISTANCE.—In carrying out the Pro-
gram, the Secretary shall provide assistance to any 
applicant that— 
(A) conducts a livestock operation that is 
physically located in a disaster county and 
meets all other eligibility requirements estab-
lished by the Secretary for the Program; or 
(B) produces an animal described in sec-
tion 10806(a)(1) of the Farm Security and 
Rural Investment Act of 2002 (21 U.S.C. 
321d(a)(1)) and meets all other eligibility re-
quirements established by the Secretary for the 
Program. 
(b) LIVESTOCK LOSS ASSISTANCE PROGRAM.—Sub-
ject to subsection (c), the Secretary shall carry out a pro-
gram to make payments to eligible producers for livestock 
losses occurring in a disaster county under the same cri-
teria established to carry out the 1999 Livestock Assist-
ance Program. 
(c) RELATIONSHIP OF LIVESTOCK ASSISTANCE PRO-
GRAMS.—The amount of assistance that the eligible pro-
ducers on a farm would otherwise receive under subsection 
(a) or (b) for a loss, except for the operation of this sub-
section, shall be reduced by the amount of the assistance 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
that the eligible producers on the farm receive under any 
other livestock assistance program. 
(d) USE
OF COMMODITY CREDIT CORPORATION 
FUNDS.—The Secretary shall use $150,000,000 of the 
funds of the Commodity Credit Corporation to carry out 
the livestock assistance programs under this section. 
SEC. 7. RELATION TO OTHER LAWS. 
An eligible producer or eligible specialty crop pro-
ducer that receives assistance under this Act shall be ineli-
gible to receive assistance for the 2009 crop year under 
the program carried out under section 531 of the Federal 
Crop Insurance Act (7 U.S.C. 1531) and section 901 of 
the Trade Act of 1974 (19 U.S.C. 2497). 
SEC. 8. REGULATIONS. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary shall promul-
gate such regulations as are necessary to implement this 
Act. 
(b) PROCEDURE.—The promulgation of the regula-
tions and administration of this Act shall be made without 
regard to— 
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code; 
(2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 Fed. Reg. 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS
13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and 
(3) chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’). 
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this paragraph, the Secretary 
shall use the authority provided under section 808 of title 
5, United States Code. 
SEC. 9. FUNDING SOURCE. 
(a) OFFSET.—The Secretary of the Treasury shall 
rescind such funds as are necessary of funds made avail-
able under the Troubled Asset Relief Program established 
under title I of division A of the Emergency Economic Sta-
bilization Act of 2008 (Public Law 110–343; 12 U.S.C. 
5211 et seq.) to reimburse the Commodity Credit Corpora-
tion for expenditures under this Act. 
(b) ADMINISTRATIVE COSTS.—The Secretary may 
use up to $5,000,000 of amounts made available under 
subsection (a) to pay administrative costs incurred by the 
Secretary that are directly related to carrying out this Act. 
Æ 
VerDate Nov 24 2008 
03:22 Dec 03, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H4177.IH
H4177
jbell on DSKDVH8Z91PROD with BILLS