[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4618 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4618

 To provide emergency assistance to American farmers and ranchers for 
crop and livestock feed losses due to disasters and to respond to loss 
        of world markets for American agricultural commodities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 1998

 Mr. Smith of Oregon introduced the following bill; which was referred 
 to the Committee on Agriculture, and in addition to the Committee on 
the Budget, 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 provide emergency assistance to American farmers and ranchers for 
crop and livestock feed losses due to disasters and to respond to loss 
        of world markets for American agricultural commodities.

    Be it enacted by the Senate and House of Representatives 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 ``Agriculture 
Disaster and Market Loss Assistance Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO 
                               DISASTERS

Sec. 101. General provisions.
Sec. 102. Crop loss assistance.
Sec. 103. Emergency livestock feed assistance.
                    TITLE II--MARKET LOSS ASSISTANCE

Sec. 201. Market loss assistance.
                       TITLE III--ADMINISTRATION

Sec. 301. Commodity Credit Corporation.
Sec. 302. Emergency requirement.
Sec. 303. Regulations.

TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO 
                               DISASTERS

SEC. 101. GENERAL PROVISIONS.

    (a) Fair and Equitable Distribution.--Assistance made available 
under this title shall be distributed in a fair and equitable manner to 
producers who have incurred crop and livestock feed losses in all 
affected geographic regions of the United States.
    (b) Program Administration.--In carrying out this title, the 
Secretary of Agriculture (referred to in this Act as the ``Secretary'') 
may determine--
            (1) 1 or more loss thresholds producers on a farm must 
        incur with respect to a crop to be eligible for assistance;
            (2) the payment rate for crop and livestock feed losses 
        incurred; and
            (3) eligibility and payment limitation criteria (as defined 
        by the Secretary) for persons to receive assistance under this 
        title, which, in the case of assistance received under any 
        section of this title, shall be in addition to--
                    (A) assistance made available under any other 
                section of this title and title II;
                    (B) payments or loans received by a person under 
                the Agricultural Market Transition Act (7 U.S.C. 7201 
                et seq.);
                    (C) payments received by a person for the 1998 crop 
                under the noninsured crop assistance program 
                established under section 196 of that Act (7 U.S.C. 
                7333);
                    (D) crop insurance indemnities provided for the 
                1998 crop under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.); and
                    (E) emergency loans made available for the 1998 
                crop under subtitle C of the Consolidated Farm and 
                Rural Development Act (7 U.S.C. 1961 et seq.).

SEC. 102. CROP LOSS ASSISTANCE.

    (a) In General.--The Secretary shall administer a program under 
which emergency financial assistance is made available to producers on 
a farm who have incurred losses associated with crops due to disasters 
(as determined by the Secretary).
    (b) Losses Incurred for 1998 Crop.--Subject to section 302, the 
Secretary shall use not more than $1,500,000,000 to make available 
assistance to producers on a farm who have incurred losses in the 1998 
crop due to disasters.
    (c) Multiyear Losses.--Subject to section 302, the Secretary shall 
use not more than $675,000,000 to make available assistance to 
producers on a farm who have incurred multiyear losses (as defined by 
the Secretary) in the 1998 and preceding crops of a commodity due to 
disasters (including, but not limited to, diseases such as scab).
    (d) Relationship Between Assistance.--The Secretary shall make 
assistance available to producers on a farm under either subsection (b) 
or (c).
    (e) Qualifying Losses.--Assistance under this section may be made 
for losses associated with crops that are due to, as determined by the 
Secretary--
            (1) quantity losses;
            (2) quality (including, but not limited to, aflatoxin) 
        losses; or
            (3) severe economic losses due to damaging weather or 
        related condition.
    (f) Crops Covered.--Assistance under this section shall be 
applicable to losses for all crops, as determined by the Secretary, due 
to disasters.
    (g) Crop Insurance.--
            (1) Administration.--In carrying out this section, the 
        Secretary shall not discriminate against or penalize producers 
        on a farm who have purchased crop insurance under the Federal 
        Crop Insurance Act (7 U.S.C. 1501 et seq.).
            (2) Encouraging future crop insurance participation.--
        Subject to section 302, the Secretary, acting through the 
        Federal Crop Insurance Corporation, may use the funds made 
        available under subsections (b) and (c), and only those funds, 
        to provide premium refunds or other assistance to purchasers of 
        crop insurance for their 1998 insured crops, or their preceding 
        (including 1998) insured crops.
            (3) Producers who have not purchased crop insurance for 
        1998 crop.--As a condition of receiving assistance under this 
        section, producers on a farm who have not purchased crop 
        insurance for the 1998 crop under that Act shall agree by 
        contract to purchase crop insurance for the subsequent 2 crops 
        produced by the producers.
            (4) Liquidated damages.--
                    (A) In general.--The contract under paragraph (3) 
                shall provide for liquidated damages to be paid by the 
                producers due to the failure of the producers to 
                purchase crop insurance as provided in paragraph (3).
                    (B) Notice of damages.--The amount of the 
                liquidated damages shall be established by the 
                Secretary and specified in the contract agreed to by 
                the producers.
            (5) Funding for crop insurance purchase requirement.--
        Subject to section 302, such sums as may be necessary, to 
        remain available until expended, shall be available to the 
        Federal Crop Insurance Corporation to cover costs incurred by 
        the Corporation as a result of the crop insurance purchase 
        requirement in paragraph (3). Funds made available under 
        subsections (b) and (c) may not be used to cover such costs.

SEC. 103. EMERGENCY LIVESTOCK FEED ASSISTANCE.

    Subject to section 302, the Secretary shall use not more than 
$175,000,000 to make available livestock feed assistance to livestock 
producers affected by disasters during calendar year 1998.

                    TITLE II--MARKET LOSS ASSISTANCE

SEC. 201. MARKET LOSS ASSISTANCE.

    (a) In General.--Subject to section 302, the Secretary shall use 
$1,650,000,000 for assistance to owners and producers on a farm who are 
eligible for final payments for fiscal year 1998 under a production 
flexibility contract for the farm under the Agricultural Market 
Transition Act (7 U.S.C. 7201 et seq.) to partially compensate the 
owners and producers for the loss of markets for the 1998 crop of a 
commodity.
    (b) Amount.--The amount of assistance made available to owners and 
producers on a farm under this section shall be proportional to the 
amount of the contract payment received by the owners and producers for 
fiscal year 1998 under a production flexibility contract for the farm 
under the Agricultural Market Transition Act.
    (c) Time for Payment.--The assistance made available under this 
section for an eligible owner or producer shall be made as soon as 
practicable after the date of enactment of this Act.

                       TITLE III--ADMINISTRATION

SEC. 301. COMMODITY CREDIT CORPORATION.

    Subject to section 302, the Secretary shall use the funds, 
facilities, and authorities of the Commodity Credit Corporation to 
carry out titles I and II.

SEC. 302. EMERGENCY REQUIREMENT.

    (a) Budget Request.--The entire amount necessary to carry out 
titles I and II shall be available only to the extent that the 
President submits to Congress an official budget request for a specific 
dollar amount that includes designation of the entire amount of the 
request as an emergency requirement for the purposes of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et 
seq.).
    (b) Designation by Congress.--The entire amount of funds necessary 
to carry out titles I and II is designated by Congress as an emergency 
requirement under section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).

SEC. 303. REGULATIONS.

    (a) Issuance of Regulations.--As soon as practicable after the date 
of enactment of this Act, the Secretary and the Commodity Credit 
Corporation, as appropriate, shall issue such regulations as are 
necessary to implement titles I and II. The issuance of the regulations 
shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 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'').
    (b) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
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