[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2213 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2213
To respond to the continuing economic crisis adversely affecting
American agricultural producers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2001
Mr. Combest introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To respond to the continuing economic crisis adversely affecting
American agricultural producers.
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 ``Crop Year 2001
Agricultural Economic Assistance Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AGRICULTURAL ASSISTANCE
Sec. 101. Market loss assistance.
Sec. 102. Oilseeds.
Sec. 103. Other commodities.
Sec. 104. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 105. Expansion of producers eligible for loan deficiency payments.
Sec. 106. Loan deficiency payments and marketing loan gains.
Sec. 107. Milk price support program.
TITLE II--ADMINISTRATION
Sec. 201. Regulations.
Sec. 202. Commodity Credit Corporation reimbursement.
Sec. 203. Technical corrections regarding existing cotton producer
indemnity fund.
TITLE I--AGRICULTURAL ASSISTANCE
SEC. 101. MARKET LOSS ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall use funds of the Commodity Credit
Corporation to provide assistance in the form of a market loss
assistance payment to owners and producers on a farm that are eligible
for a final payment for fiscal year 2001 under a production flexibility
contract for the farm under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.).
(b) Amount and Manner.--In providing payments under this section,
the Secretary shall--
(1) use the same contract payment rates as are used under
section 802(b) of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2000 (7 U.S.C. 1421 note; Public Law 106-78); and
(2) provide the payments in a manner that is consistent
with section 802(c) of that Act.
(c) Timing.--The Secretary shall make the payments required by this
section not earlier than September 1, 2001, but not later than
September 30, 2001.
SEC. 102. OILSEEDS.
(a) In General.--The Secretary shall use $500,000,000 of funds of
the Commodity Credit Corporation to make payments to producers of the
2001 crop of oilseeds that are eligible to obtain a marketing
assistance loan under section 131 of the Agricultural Market Transition
Act (7 U.S.C. 7231).
(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage of the producers on the farm for the
oilseed, as determined under subsection (c); and
(3) the yield of the producers on the farm for the oilseed,
as determined under subsection (d).
(c) Acreage.--
(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the number of acres planted
to the oilseed by the producers on the farm during the 1998,
1999, or 2000 crop year, whichever is greatest, as reported by
the producers on the farm to the Secretary (including any
acreage reports that are filed late).
(2) New producers.--Except as provided in paragraph (3), in
the case of producers on a farm that planted acreage to an
oilseed during the 2001 crop year, but not the 1998, 1999, or
2000 crop year, the acreage of the producers for the oilseed
under subsection (b)(2) shall be equal to the number of acres
planted to the oilseed by the producers on the farm during the
2001 crop year, as reported by the producers on the farm to the
Secretary (including any acreage reports that are filed late).
(d) Yield.--
(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greatest of--
(A) the average county yield per harvested acre for
each of the 1996 through 2000 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
or
(B) the actual yield of the producers on the farm
for the 1998, 1999, or 2000 crop year.
(2) Other oilseeds.--Except as provided in paragraph (3),
in the case of oilseeds other than soybeans, the yield of the
producers on a farm under subsection (b)(3) shall be equal to
the greatest of--
(A) the average national yield per harvested acre
for each of the 1996 through 2000 crop years, excluding
the crop year with the highest yield per harvested acre
and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm
for the 1998, 1999, or 2000 crop year.
(3) New producers.--In the case of producers on a farm that
planted acreage to an oilseed during the 2001 crop year but not
the 1998, 1999, or 2000 crop year, the yield of the producers
on a farm under subsection (b)(3) shall be equal to the greater
of--
(A) the average county yield per harvested acre for
each of the 1996 through 2000 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
or
(B) the actual yield of the producers on the farm
for the 2001 crop.
(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
(e) Timing.--The Secretary shall make the payments required by this
section not earlier than October 1, 2001, but not later than September
30, 2002.
SEC. 103. OTHER COMMODITIES.
(a) Surplus Specialty Crop Purchases.--
(1) Purchases required.--The Secretary shall use
$220,000,000 of funds of the Commodity Credit Corporation to
purchase specialty crops that have experienced low prices
during the 2000 or 2001 crop years, including apples, apricots,
black-eyed peas, cherries, chickpeas, citrus, cranberries,
dried plums, dry peas, grapefruit, lentils, melons, onions,
peaches, pears, potatoes, raisins, and raspberries. The
Secretary shall ensure that purchases of specialty crops under
this subsection will not displace purchases by the Secretary
under any other law.
(2) Assistance to states.--The Secretary may use up to
$20,000,000 of the amount made available under paragraph (1) to
provide assistance to States to cover costs incurred by the
States in transporting and distributing the commodities
purchased pursuant to such paragraph.
(3) Timing.--The Secretary shall make the purchases
required by this subsection not earlier than October 1, 2001,
but not later than September 30, 2002.
(b) Peanuts.--The Secretary shall use funds of the Commodity Credit
Corporation to provide payments to producers of peanuts for the 2001
crop year. The amount of the payment made to producers on a farm shall
be equal to the product obtained by multiplying--
(1) the quantity of peanuts actually produced by the
producers on the farm; and
(2) a payment rate equal to $30.00 per ton.
(c) Animal Fiber Production.--The Secretary shall use funds of the
Commodity Credit Corporation to make payments to producers of wool, and
producers of mohair, for the 2001 marketing year. The payment rate
shall be equal to--
(1) in the case of wool, 20 cents per pound; and
(2) in the case of mohair, 40 cents per pound.
(d) Sugar.--Section 156(f) of the Agricultural Market Transition
Act (7 U.S.C. 7272(f)) shall not apply with respect to the 2001 crop of
sugar beets and sugarcane.
(e) Tobacco.--
(1) Additional payment under existing authority.--The
Secretary shall use $129,000,000 of funds of the Commodity
Credit Corporation to make additional payments under section
204(b) of the Agricultural Risk Protection Act of 2000 (Public
Law 106-224; 7 U.S.C. 1421 note) to eligible persons, as
defined in paragraph (1)(A) of such section. The requirements
applicable to the allocation of these funds among States, among
farms in a State, and among eligible persons, as specified in
paragraphs (3), (4), and (5) of such section, shall be adjusted
by the Secretary to reflect the additional amount made
available for payments under such section.
(2) Timing.--Notwithstanding the payment dates specified in
section 204(b) of the Agricultural Risk Protection Act of 2000,
of the amount made available under paragraph (1), the Secretary
shall--
(A) expend $34,000,000 before September 30, 2001;
and
(B) expend the remainder during the period
beginning on October 1, 2001, and ending on September
30, 2002.
SEC. 104. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--Effective for the 2002 crop year, in the
case of a producer that would be eligible for a loan deficiency payment
under section 135 of the Agricultural Market Transition Act (7 U.S.C.
7235) for wheat, barley, or oats, but that elects to use acreage
planted to the wheat, barley, or oats for the grazing of livestock, the
Secretary shall make a payment to the producer under this section if
the producer enters into an agreement with the Secretary to forgo any
other harvesting of the wheat, barley, or oats on that acreage.
(b) Payment Amount.--The amount of a payment made to a producer on
a farm under this section shall be equal to the amount determined by
multiplying--
(1) the loan deficiency payment rate determined under
section 135(c) of the Agricultural Market Transition Act (7
U.S.C. 7235(c)) in effect, as of the date of the agreement, for
the county in which the farm is located; by
(2) the payment quantity determined by multiplying--
(A) the quantity of the grazed acreage on the farm
with respect to which the producer elects to forgo
harvesting of wheat, barley, or oats; and
(B) the established yield for the crop on the farm,
as determined by the Secretary.
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 135 of the Agricultural Market
Transition Act (7 U.S.C. 7235), except that the payment shall
be made not later than September 30, 2002.
(2) Availability.--The Secretary shall establish an
availability period for the payment authorized by this section
that, subject to the date specified in paragraph (1), is
consistent with the availability period for wheat, barley, and
oats established by the Secretary for marketing assistance
loans authorized by subtitle C of the Agricultural Market
Transition Act (7 U.S.C. 7231 et seq.).
(d) Prohibition on Crop Insurance Coverage.--A 2002 crop of wheat,
barley, or oats planted on acreage that a producer elects, in the
agreement required by subsection (a), to use for the grazing of
livestock in lieu of any other harvesting of the crop shall not be
eligible for insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) or noninsured crop assistance under section 196 of the
Agricultural Market Transition Act (7 U.S.C. 7333).
(e) Funding.--The Secretary shall use funds of the Commodity Credit
Corporation to carry out this section.
SEC. 105. EXPANSION OF PRODUCERS ELIGIBLE FOR LOAN DEFICIENCY PAYMENTS.
Section 135(a)(2) of the Agricultural Market Transition Act (7
U.S.C. 7235(a)(2)) is amended by striking ``2000 crop year'' and
inserting ``2000 and 2001 crop years''.
SEC. 106. LOAN DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS.
(a) Payment Limitations.--Notwithstanding section 1001(2) of the
Food Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the
payments specified in section 1001(3) of that Act that a person shall
be entitled to receive for one or more contract commodities and
oilseeds under the Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.) during the 2001 crop year may not exceed $150,000.
(b) Treatment of Producers Who Lost Beneficial Interest.--The
Secretary shall allow a producer that marketed or redeemed a quantity
of an eligible 2001 crop for which the producer did not receive, either
because of operation of section 1001(2) of the Food Security Act of
1985 (7 U.S.C. 1308(2)) or for any other reason, a loan deficiency
payment or marketing loan gain under section 134 or 135 of the
Agricultural Market Transition Act (7 U.S.C. 7234, 7235) before the
quantity was marketed or redeemed to receive such payment or gain as of
the date on which the quantity was marketed or redeemed.
SEC. 107. MILK PRICE SUPPORT PROGRAM.
(a) Extension of Program.--Section 141 of the Agricultural Market
Transition Act (7 U.S.C. 7251) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(5) During the period beginning on January 1, 2002, and
ending on August 31, 2002, $9.90.''; and
(2) in subsection (h), by striking ``December 31, 2001''
both places it appears and inserting ``August 31, 2002''.
(b) Repeal of Recourse Loan Program for Processors.--Section 142 of
the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is repealed.
TITLE II--ADMINISTRATION
SEC. 201. REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this Act and the amendments made by this Act.
The promulgation of the regulations and administration of this Act
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.
SEC. 202. COMMODITY CREDIT CORPORATION REIMBURSEMENT.
(a) Reimbursement Requirement.--Out of any moneys in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall use
such sums as may be necessary to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not previously
reimbursed, under title I.
(b) Timing.--
(1) Fiscal year 2001.--The reimbursement required under
subsection (a) shall be provided not later than September 30,
2001, to offset the losses of the Commodity Credit Corporation
sustained on account of the Secretary's use of Commodity Credit
Corporation funds--
(A) to provide market loss assistance under section
101; and
(B) to provide the payments required under section
103(e) before the deadline specified in paragraph
(2)(A) of such section.
(2) Fiscal year 2002.--The reimbursement required under
subsection (a) for other Commodity Credit Corporation losses
sustained under title I shall be provided not earlier than
October 1, 2001, but not later than September 30, 2002.
SEC. 203. TECHNICAL CORRECTIONS REGARDING EXISTING COTTON PRODUCER
INDEMNITY FUND.
(a) Conditions on Payment to State.--Subsection (b) of section 1121
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of Public Law 105-277 (7 U.S.C. 1421 note), and as
amended by section 754 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001 (as
enacted by Public Law 106-387; 114 Stat. 1549A-42), is amended to read
as follows:
``(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a)
only if the State--
``(1) contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later
than January 1, 2002 (or as soon as administratively practical
thereafter), to provide compensation to cotton producers as
provided in such subsection;
``(2) requires the recipient of a payment from the
indemnity fund to repay the State, for deposit in the indemnity
fund, the amount of any duplicate payment the recipient
otherwise recovers for such loss of cotton, or the loss of
proceeds from the sale of cotton, up to the amount of the
payment from the indemnity fund; and
``(3) agrees to deposit in the indemnity fund the proceeds
of any bond collected by the State for the benefit of
recipients of payments from the indemnity fund, to the extent
of such payments.''.
(b) Additional Disbursements From the Indemnity Fund.--Subsection
(d) of such section is amended to read as follows:
``(d) Additional Disbursement to Cotton Ginners.--The State of
Georgia shall use funds remaining in the indemnity fund, after the
provision of compensation to cotton producers in Georgia under
subsection (a) (including cotton producers who file a contingent claim,
as defined and provided in section 5.1 of chapter 19 of title 2 of the
Official Code of Georgia), to compensate cotton ginners (as defined and
provided in such section) that--
``(1) incurred a loss as the result of--
``(A) the business failure of any cotton buyer
doing business in Georgia; or
``(B) the failure or refusal of any such cotton
buyer to pay the contracted price that had been agreed
upon by the ginner and the buyer for cotton grown in
Georgia on or after January 1, 1997, and had been
purchased or contracted by the ginner from cotton
producers in Georgia;
``(2) paid cotton producers the amount which the cotton
ginner had agreed to pay for such cotton received from such
cotton producers in Georgia; and
``(3) satisfy the procedural requirements and deadlines
specified in chapter 19 of title 2 of the Official Code of
Georgia applicable to cotton ginner claims.''.
(c) Conforming Amendment.--Subsection (c) of such section is
amended by striking ``Upon the establishment of the indemnity fund, and
not later than October 1, 1999, the'' and inserting ``The''.
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