[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3809

  To respond to Hurricane Katrina and other natural disasters in 2005 
   that adversely affect food assistance, agricultural producers and 
                  households, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

  Mr. Peterson of Minnesota (for himself, Mr. Melancon, Mr. Taylor of 
Mississippi, Mr. Thompson of Mississippi, Mr. Jefferson, Mr. Baca, Mr. 
 Holden, Mr. McIntyre, Mr. Etheridge, Mr. Case, Mr. Cuellar, Mr. Davis 
of Tennessee, Ms. Herseth, Mrs. Napolitano, Mr. Hinojosa, Mr. Cardoza, 
  Mr. Scott of Georgia, Mr. Marshall, Mr. Butterfield, Mr. Costa, Mr. 
Salazar, Mr. Boswell, Mr. Chandler, Mr. Ortiz, Mr. Filner, Mr. Barrow, 
Mr. Larsen of Washington, Mr. Gutierrez, Mr. Pomeroy, Mr. Becerra, Mr. 
 Oberstar, Mr. Grijalva, Mr. Reyes, Ms. Corrine Brown of Florida, and 
 Ms. Kaptur) 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 respond to Hurricane Katrina and other natural disasters in 2005 
   that adversely affect food assistance, agricultural producers and 
                  households, and for other purposes.

    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 ``Emergency Food and 
Farm Disaster Assistance Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--EMERGENCY FOOD ASSISTANCE

Sec. 101. Food Stamp Act assistance in response to Hurricane Katrina.
Sec. 102. Emergency food assistance program.
                  TITLE II--EMERGENCY FARM ASSISTANCE

Sec. 201. Crop disaster assistance.
Sec. 202. Livestock assistance.
Sec. 203. Domestic aquaculture assistance.
Sec. 204. Sugarcane disaster assistance.
Sec. 205. Conservation programs.
Sec. 206. Hurricane relief grants for certain States.
Sec. 207. Extension of marketing loans.
Sec. 208. Temporary suspension of accrual of interest on farm loan for 
                            borrower in county for which a disaster 
                            declaration is in effect as a result of a 
                            hurricane in 2005.
Sec. 209. Extension of application period for emergency loans in 
                            counties for which a disaster declaration 
                            is in effect as a result of a hurricane in 
                            2005.
Sec. 210. Additional debt forgiveness allowed as a result of losses 
                            sustained as a result of a hurricane in 
                            2005 in a county for which a disaster 
                            declaration is in effect as a result of a 
                            such a hurricane.
Sec. 211. Temporary extension of administrative prohibition on using 
                            administrative offset in certain cases.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Administrative funds.
Sec. 302. Sense of Congress regarding need for permanent agricultural 
                            disaster relief authority.
Sec. 303. Sense of Congress regarding need for additional assistance in 
                            response to Hurricane Katrina.
Sec. 304. Regulations.
Sec. 305. Emergency designation.

                   TITLE I--EMERGENCY FOOD ASSISTANCE

SEC. 101. FOOD STAMP ACT ASSISTANCE IN RESPONSE TO HURRICANE KATRINA.

    (a) Assistance During Disaster Recovery Period.--Section 5(h) of 
the Food Stamp Act of 1977 (7 U.S.C. 2014) is amended by adding at the 
end the following:
    ``(4) Response to Hurricane Katrina.--
            ``(A) During the disaster recovery period--
                    ``(i) the Secretary shall pay each State agency an 
                amount equal to 90 per centum of administrative costs 
                allowable under section 16(a) related to serving 
                affected households in lieu of the payments section 
                16(a) would otherwise require for such costs;
                    ``(ii) subsection (g)(2)(B)(iv) and sections 
                6(d)(4) and 6(o) shall not apply to affected 
                households;
                    ``(iii) an affected household shall be deemed to 
                meet the requirements of subsection (c)(2) if its 
                income, as calculated under such subsection, does not 
                exceed the level permitted under subsection (c)(1) by 
                more than 50 per centum;
                    ``(iv) except in the case of a household to which 
                subparagraph (B)(ii) applies, the State agency shall 
                calculate the income of an affected household using a 
                standard deduction of $323 in lieu of the deduction 
                provided under subsection (e)(1); and
                    ``(v) any funds designated for rebuilding or 
                relocation, including payments from Federal, State, or 
                local governments, charitable organizations, employers, 
                or insurance companies, shall be excluded from 
                consideration under subsection (g) in determining the 
                eligibility of an affected household.
            ``(B) During the immediate disaster recovery period--
                    ``(i) subsection (g)(2)(B)(v) and section 8(c)(1) 
                shall not apply to affected households;
                    ``(ii) at the option of the State agency, the State 
                agency shall increase the value to the household of the 
                thrifty food plan determined under section 3(o) by six 
                per centum when calculating the value of the allotment 
                for an affected household under section 8(a), in lieu 
                of making the adjustment otherwise required by 
                subparagraph (A)(iv); and
                    ``(iii) the application of an affected household 
                shall be processed under procedures established under 
                section 11(e)(9).
            ``(C) The Secretary shall take such action as are prudent 
        and reasonable under the circumstances to identify affected 
        households that are participating in more than one State and to 
        terminate the duplicate participation of such households. 
        Except in the case of deliberate falsehoods, no action shall be 
        taken against any affected household relating to any duplicate 
        participation during the disaster recovery period that takes 
        place prior to such termination.
            ``(D) Except in the case of intentional program violations 
        as determined under section 6(b), no claim shall be established 
        under section 13(b) relating to benefits issued under this 
        subsection.
            ``(E) For purposes of determining the payment error rate of 
        a State agency under section 16(c), the Secretary shall 
        disregard any errors resulting from the application of this 
        paragraph to an affected household during the disaster recovery 
        period.
            ``(F) During the disaster recovery period, an affected 
        household shall not be considered to customarily purchase food 
        and prepare meals together with other individuals if such 
        household did not customarily purchase food and prepare meals 
        for home consumption with such individuals prior to August 29, 
        2005.
            ``(G) For purposes of this paragraph--
                    ``(i) the term `disaster recovery period' means the 
                period beginning on August 29, 2005, and ending on 
                October 1, 2006, or on such earlier date as the 
                Secretary determines that the States can fully meet the 
                needs of affected households under the other provisions 
                of this Act;
                    ``(ii) the term `immediate disaster recovery 
                period' means the period beginning on August 29, 2005, 
                and ending on December 1, 2005; and
                    ``(iii) the term `affected household' includes a 
                household--
                            ``(I) that resides in an area of a State 
                        that the Secretary determines was affected by 
                        Hurricane Katrina or a related condition;
                            ``(II) in which a member worked in an area 
                        of a State that the Secretary determines was 
                        affected by Hurricane Katrina, or a related 
                        condition, immediately prior to August 29, 
                        2005, and lost that employment;
                            ``(III) containing one or more individuals 
                        that were displaced as a result of Hurricane 
                        Katrina or a related condition; or
                            ``(IV) that the Secretary determines should 
                        receive relief under this paragraph as a result 
                        of Hurricane Katrina or a related condition.
            ``(H) Title IV of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1605 et seq.) 
        shall not apply with respect to an affected household.''.
    (b) Resources.--Section 5(g)(5) of the Food Stamp Act of 1977 (7 
U.S.C. 2014(g)) is amended by inserting after the third sentence ``A 
resource also shall be so identified if it is currently inaccessible to 
the household because of a disaster or if it has been inaccessible 
because of a disaster during the preceding three months.''.
    (c) Program Information Activities.--From funds otherwise 
appropriated for the food stamp program, the Secretary may expend not 
more than $5,000,000 for contracts with not-for-profit organizations to 
provide affected households (as defined in section 5(h)(4)(G)(iii) of 
the Food Stamp Act of 1977 (7 U.S.C. 2014(h)(4)(G)(iii)) with 
information about and assistance completing the application process for 
any food assistance programs to which the Secretary provides funds or 
commodities. Notwithstanding any other provision of law, the Secretary 
shall not be required to provide public notice of the availability of 
these funds or to accept competitive bids for contracts under this 
subsection.
    (d) Effect of More Generous Disaster Plans.--Paragraph (4) of 
section 5(h) of the Food Stamp Act of 1977 (7 U.S.C. 2014), as added by 
subsection (a), shall not supersede any provision of a plan approved 
under section 5(h)(1) of such Act that--
            (1) provides more complete or expeditious relief to 
        affected households (as defined in section 5(h) of such Act); 
        or
            (2) provides assistance to more individuals.

SEC. 102. EMERGENCY FOOD ASSISTANCE PROGRAM.

    (a) Definition of Eligible Recipient.--In this section, the term 
``eligible recipient'' means an individual or household that, as 
determined by the Secretary of Agriculture in consultation with the 
Secretary of Homeland Security--
            (1) is a victim of Hurricane Katrina or a related 
        condition;
            (2) has been displaced by Hurricane Katrina or a related 
        condition; or
            (3) is temporarily housing 1 or more individuals displaced 
        by Hurricane Katrina or a related condition.
    (b) Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        law, in addition to funds otherwise made available for fiscal 
        year 2005 or 2006 to carry out the emergency food assistance 
        program established under the Emergency Food Assistance Act of 
        1983 (7 U.S.C. 7501 et seq.), out of any funds in the Treasury 
        not otherwise appropriated, the Secretary of the Treasury shall 
        transfer to the Secretary of Agriculture $200,000,000 to remain 
        available until expended to provide a variety of food to 
        eligible recipient agencies for providing food assistance to 
        eligible recipients, including--
                    (A) special supplemental foods for pregnant women 
                and infants or for other individuals with special 
                needs;
                    (B) infant formula;
                    (C) bottled water; and
                    (D) fruit juices.
            (2) Use of funds.--Funds made available under paragraph (1) 
        may be used to provide commodities in accordance with--
                    (A) section 27 of the Food Stamp Act of 1977 (7 
                U.S.C. 2036);
                    (B) section 203A of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7504); and
                    (C) section 204 of the Emergency Food Assistance 
                Act of 1983 (7 U.S.C. 7508).
            (3) Receipt and acceptance.--The Secretary of Agriculture 
        shall be entitled to receive, shall accept, and shall use to 
        carry out this section the funds transferred under paragraph 
        (1), without further appropriation.

                  TITLE II--EMERGENCY FARM ASSISTANCE

SEC. 201. CROP DISASTER ASSISTANCE.

    (a) In General.--The Secretary of Agriculture shall use such sums 
as are necessary of funds of the Commodity Credit Corporation to make 
emergency financial assistance authorized under this section available 
to producers on a farm that have incurred qualifying losses described 
in subsection (c).
    (b) Administration.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of Agriculture shall make assistance available under 
        this section in the same manner as provided under section 815 
        of the Agriculture, Rural Development, Food and Drug 
        Administration and Related Agencies Appropriations Act, 2001 
        (Public Law 106-387; 114 Stat. 1549A-55), including using the 
        same loss thresholds for quantity and economic losses as were 
        used in administering that section.
            (2) Loss thresholds for quality losses.--In the case of a 
        payment for quality loss for a crop under subsection (c)(2), 
        the loss thresholds for quality loss for the crop shall be 
        determined under subsection (d).
    (c) Qualifying Losses.--
            (1) 2005 crops.--Assistance under this section may be made 
        available for losses due to damaging weather or any related 
        condition (including losses due to crop diseases and insects 
        and delayed harvest) associated with crops that are (as 
        determined by the Secretary of Agriculture) any combination of 
        (as determined by the producers on a farm)--
                    (A) quantity losses for the 2005 crop;
                    (B) quality losses for the 2005 crop; or
                    (C) severe economic losses for the 2005 crop.
            (2) 2006 crops.--In the case of counties and parishes 
        declared to be disaster areas by the President due to a 
        hurricane occurring in 2005, assistance under this section also 
        may be made available for losses due to the hurricane or any 
        related condition (including losses due to crop diseases and 
        insects and delayed harvest) associated with crops that are (as 
        determined by the Secretary of Agriculture) any combination of 
        (as determined by the producers on a farm)--
                    (A) quantity losses for the 2006 crop;
                    (B) quality losses for the 2006 crop; or
                    (C) severe economic losses for the 2006 crop.
    (d) Quality Losses.--
            (1) In general.--Subject to paragraph (3), the amount of a 
        payment made to producers on a farm for a quality loss for a 
        crop under paragraph (1)(B) or (2)(B) of subsection (c) shall 
        be equal to the amount obtained by multiplying--
                    (A) 65 percent of the payment quantity determined 
                under paragraph (2); by
                    (B) 65 percent of the payment rate determined under 
                paragraph (3).
            (2) Payment quantity.--For the purpose of paragraph (1)(A), 
        the payment quantity for quality losses for a crop of a 
        commodity on a farm shall equal the lesser of--
                    (A) the actual production of the crop of the 
                commodity on the farm; or
                    (B) the quantity of expected production of the crop 
                of the commodity on the farm, using the formula used by 
                the Secretary of Agriculture to determine quantity 
                losses for the crop of the commodity under paragraph 
                (1)(A) and (2)(A) of subsection (c).
            (3) Payment rate.--For the purpose of paragraph (1)(B) and 
        in accordance with paragraphs (5) and (6), the payment rate for 
        quality losses for a crop of a commodity on a farm shall be 
        equal to the difference between--
                    (A) the per unit market value that the units of the 
                crop affected by the quality loss would have had if the 
                crop had not suffered a quality loss; and
                    (B) the per unit market value of the units of the 
                crop affected by the quality loss.
            (4) Eligibility.--For producers on a farm to be eligible to 
        obtain a payment for a quality loss for a crop under paragraph 
        (1)(B) or (2)(B) of subsection (c), the amount obtained by 
        multiplying the per unit loss determined under paragraph (1) by 
        the number of units affected by the quality loss shall be at 
        least 20 percent of the value that all affected production of 
        the crop would have had if the crop had not suffered a quality 
        loss.
            (5) Marketing contracts.--In the case of any production of 
        a commodity that is sold pursuant to one or more marketing 
        contracts (regardless of whether the contract is entered into 
        by the producers on the farm before or after harvest) and for 
        which appropriate documentation exists, the quantity designated 
        in the contracts shall be eligible for quality loss assistance 
        based on the one or more prices specified in the contracts.
            (6) Other production.--For any additional production of a 
        commodity for which a marketing contract does not exist or for 
        which production continues to be owned and produced by the 
        producers on a farm, quality losses shall be based on the 
        average local market discounts for reduced quality, as 
        determined by the appropriate State committee of the Farm 
        Service Agency.
            (7) Quality adjustments and discounts.--The appropriate 
        State committee of the Farm Service Agency shall identify the 
        appropriate quality adjustment and discount factors to be 
        considered in carrying out this subsection, including the 
        average local discount or loans made by the Farm Service Agency 
        or crop insurance coverage under the Federal Crop Insurance Act 
        (7 U.S.C. 1501 et seq.).
            (8) Eligible production.--The Secretary of Agriculture 
        shall carry out this subsection in a fair and equitable manner 
        for all eligible production, including the production of fruits 
        and vegetables, other specialty crops, and field crops.
    (e) Eligibility for Assistance.--
            (1) In general.--Except as provided in paragraph (2), the 
        producers on a farm shall not be eligible for assistance under 
        this section with respect to losses to an insurable commodity 
        or noninsurable commodity if the producers on the farm--
                    (A) in the case of an insurable commodity, did not 
                obtain a policy or plan of insurance for the insurable 
                commodity under the Federal Crop Insurance Act (7 
                U.S.C. 1501 et seq.) for the crop incurring the losses;
                    (B) in the case of a noninsurable commodity, did 
                not file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for the noninsurable commodity under section 
                196 of the Federal Agriculture Improvement and Reform 
                Act of 1996 (7 U.S.C. 7333) for the crop incurring the 
                losses;
                    (C) had average adjusted gross income (as defined 
                by section 1001D(a) of the Food Security Act of 1985 (7 
                U.S.C. 1308-3a(a)), of greater than $2,500,000 in 2004; 
                or
                    (D) were not in compliance with highly erodible 
                land conservation and wetland conservation provisions.
            (2) Contract waiver.--The Secretary of Agriculture may 
        waive paragraph (1) with respect to the producers on a farm if 
        the producers enter into a contract with the Secretary under 
        which the producers agree--
                    (A) in the case of an insurable commodity, to 
                obtain a policy or plan of insurance under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 
                additional coverage for the insurable commodity for 
                each of the next two crops, at a coverage level this 
                provides--
                            (i) not less than 65 percent of the actual 
                        production history for the crop produced on the 
                        farm; and
                            (ii) 100 percent of the expected market 
                        price or a comparable coverage (as determined 
                        by the Federal Crop Insurance Corporation); and
                    (B) in the case of a noninsurable commodity, to 
                file the required paperwork and pay the administrative 
                fee by the applicable State filing deadline, for the 
                noninsurable commodity for each of the next two crops 
                under section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333).
            (3) Effect of violation.--In the event of the violation of 
        a contract under paragraph (2) by a producer, the producer 
        shall reimburse the Secretary of Agriculture for the full 
        amount of the assistance provided to the producer under this 
        section.
    (f) Payment Limitations.--
            (1) Limit on amount of assistance.--Assistance provided 
        under this section to a producer for losses to a crop, together 
        with the amounts specified in paragraph (2) applicable to the 
        same crop, may not exceed 100 percent of what the value of the 
        crop would have been in the absence of the losses, as estimated 
        by the Secretary of Agriculture.
            (2) Other payments.--In applying the limitation in 
        paragraph (1), the Secretary of Agriculture shall include the 
        following:
                    (A) Any crop insurance payment made under the 
                Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or 
                payment under section 196 of the Federal Agricultural 
                Improvement and Reform Act of 1996 (7 U.S.C. 7333) that 
                the producer receives for losses to the same crop.
                    (B) The value of the crop that was not lost (if 
                any), as estimated by the Secretary.
    (g) Definitions.--In this section:
            (1) Additional coverage.--The term ``additional coverage'' 
        has the meaning given the term in section 502(b)(1) of the 
        Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
            (2) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (3) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means a crop for which the producers on a farm are 
        eligible to obtain assistance under section 196 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).

SEC. 202. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) Program required.--The Secretary of Agriculture shall 
        use such sums as are necessary of funds of the Commodity Credit 
        Corporation to carry out a Livestock Compensation Program to 
        make payments for 2005 livestock-related losses in counties and 
        parishes that have received an emergency designation by the 
        President or the Secretary during calendar year 2005. An amount 
        determined by the Secretary shall be made available for the 
        American Indian Livestock Feed Program under section 806 of the 
        Agriculture, Rural Development, Food and Drug Administration, 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549A-51).
            (2) Administration.--To carry out the Livestock 
        Compensation Program under this subsection, the Secretary of 
        Agriculture shall use the criteria established under the 
        program referred to in section 203(a) of the Agricultural 
        Assistance Act of 2003 (title II of division N of the 
        Consolidated Appropriations Resolution, 2003; Public Law 108-7; 
        117 Stat. 539), except that the term ``livestock'' includes 
        swine, beefalo (when maintained on the same basis as beef 
        cattle), elk, reindeer, bison, equine animals used for food or 
        used directly in the production of food, or other livestock as 
        determined by the Secretary.
    (b) Livestock Indemnity Program.--
            (1) Program required.--The Secretary of Agriculture shall 
        use such sums as are necessary of funds of the Commodity Credit 
        Corporation to carry out a Livestock Indemnity Program to make 
        payments to producers on farms that have incurred livestock 
        losses during calendar year 2005, as determined by the 
        Secretary, including losses due to hurricanes, floods, and 
        anthrax.
            (2) Administration.--To carry out the Livestock Indemnity 
        Program under this subsection, the Secretary of Agriculture 
        shall use the criteria established under the program referred 
        to under the heading ``livestock indemnity program'' in chapter 
        1 of title I of the 1999 Emergency Supplemental Appropriations 
        Act (Public Law 106-31; 113 Stat. 59).
    (c) Program for Contract Livestock Producers.--
            (1) Program required.--The Secretary of Agriculture shall 
        use such sums as are necessary of funds of the Commodity Credit 
        Corporation to make payments to persons who raise livestock 
        owned by other persons for income losses sustained with respect 
        to livestock during 2005 if the Secretary finds that the losses 
        are the result of a natural disaster.
            (2) Administration.--To carry out the program under this 
        subsection, the Secretary of Agriculture shall use the criteria 
        established under the program referred to under the heading 
        ``livestock program'' in H.R. 3425 of the 106th Congress, as 
        enacted into law by section 1000(a)(5) of Public Law 106-113 
        (Appendix E; 113 Stat. 1536, 1501A-290).
    (d) Dairy Production and Spoilage Losses.--The Secretary of 
Agriculture shall use such sums as are necessary of funds of the 
Commodity Credit Corporation to make payments to dairy producers in 
counties and parishes declared to be disaster areas by the President in 
2005 due to a hurricane for dairy production losses, including losses 
due to sustained animal health problems as a result of the disaster, 
and dairy spoilage losses.

SEC. 203. DOMESTIC AQUACULTURE ASSISTANCE.

    (a) Program Required.--The Secretary of Agriculture shall use such 
sums as are necessary of funds of the Commodity Credit Corporation to 
carry out a program to make payments for the loss of catfish (as 
defined by section 10806(a)(1) of the Food Security and Rural 
Investment Act of 2002 (21 U.S.C. 321d)) in counties and parishes 
declared to be disaster areas by the President in 2005 due to a 
hurricane.
    (b) Administration.--To carry out the program under this 
subsection, the Secretary of Agriculture shall use the criteria 
established for catfish under the program referred to in section 203(a) 
of the Agricultural Assistance Act of 2003 (title II of division N of 
the Consolidated Appropriations Resolution, 2003; Public Law 108-7; 117 
Stat. 539).

SEC. 204. SUGARCANE DISASTER ASSISTANCE.

    (a) Compensation for Losses.--The Secretary of Agriculture shall 
make available to first processors of sugarcane that operate in 
parishes in the State of Louisiana declared to be disaster areas by the 
President due to Hurricane Katrina and related conditions and that are 
eligible to obtain a loan under section 156(a) of the Federal 
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) 
assistance in the form of payments, or commodities in the inventory of 
the Commodity Credit Corporation derived from carrying out that 
section, to partially compensate producers and first processors for 
crop and other losses related to the disaster declaration.
    (b) Administration.--Assistance under subsection (a) shall be--
            (1) shared by an affected first processor with affected 
        producers that provide commodities to the processor in a manner 
        that reflects contracts entered into between the processor and 
        the producers; and
            (2) made available under such terms and conditions as the 
        Secretary of Agriculture determines are necessary to carry out 
        subsection (a).
    (c) Amount of Assistance.--To carry out subsection (a), the 
Secretary of Agriculture shall--
            (1) use 336,697 tons of commodities in the inventory of the 
        commodity Credit Corporation under section 156(a) of the 
        Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7272 (a));
            (2) make payments in an aggregate amount equal to the 
        market value of the quantity of commodities specified in 
        paragraph (1); or
            (3) take any combination of actions described in paragraphs 
        (1) and (2) using commodities or payments with a total value 
        equal to the market value of the quantity of commodities 
        specified in paragraph (1).

SEC. 205. CONSERVATION PROGRAMS.

    (a) Removal of Dead Livestock.--The Secretary of Agriculture may 
use funds made available for the emergency watershed protection program 
established under section 403 of the Agricultural Credit Act of 1978 
(16 U.S.C. 2203) and the emergency conservation program established 
under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 
et seq.) to cover the costs of the removal and disposal of dead 
livestock in counties and parishes declared to be disaster areas by the 
President in 2005 due to Hurricane Katrina, regardless of whether the 
costs are incurred by the owner of the livestock or other persons.
    (b) Swampbuster Waiver.--Subtitle C of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3821 et seq.) shall not apply to the 
provision of assistance under the emergency watershed protection 
program or the emergency conservation program in counties and parishes 
declared to be disaster areas by the President in 2005 due to Hurricane 
Katrina.
    (c) Forestry Assistance Program.--The Secretary of Agriculture 
shall use such sums as are necessary of funds of the Commodity Credit 
Corporation to provide assistance to private forest landowners owning 
not more than 5,000 acres of forest crop in counties and parishes 
declared to be disaster areas by the President in 2005 due to a 
hurricane for the purposes of debris removal, replanting of timber, and 
other such purposes.
    (d) Release From Tree Replanting Requirement.--In the case of land 
enrolled in the conservation reserve under section 1231 of the Food 
Security Act of 1985 (16 U.S.C. 3831) and devoted to trees under the 
conservation reserve contract, if the trees were destroyed or damaged 
due to a hurricane occurring in 2005, the failure of the owner or 
operator of the farm subject to the contract to replant the land to 
tree cover--
            (1) shall not be considered to be a violation of the 
        contract; and
            (2) shall not affect the eligibility of the owner or 
        operator for rental payments under the contract.

SEC. 206. HURRICANE RELIEF GRANTS FOR CERTAIN STATES.

    (a) Grants Required.--The Secretary of Agriculture shall use such 
sums as are necessary of funds of the Commodity Credit Corporation to 
make a grant, in such amount as the Secretary determines to be 
appropriate, to--
            (1) the States of Alabama, Florida, Louisiana, Mississippi, 
        and Tennessee; and
            (2) other States that are is housing evacuees or suffering 
        damage from Hurricane Katrina or a related condition.
    (b) Use of Funds.--A State may use funds from a grant awarded under 
this section--
            (1) to supplement State food bank programs or other 
        nutrition assistance programs;
            (2) to promote the purchase, sale, or consumption of 
        agricultural products;
            (3) to provide economic assistance to agricultural 
        producers, giving a priority to the support of specialty crops; 
        or
            (4) for such other purposes as the Secretary of Agriculture 
        may authorize.

SEC. 207. EXTENSION OF MARKETING LOANS.

    (a) In General.--Notwithstanding section 1203(b) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 7933(b)), the 
Secretary of Agriculture shall extend the date of settlement of any 
marketing assistance loan made available under subtitle B of that Act 
(7 U.S.C. 7931 et seq.) for a period of not less than 90 days after the 
date on which the loan reaches maturity.
    (b) Storage Payments.--During the period of an extension under 
subsection (a), the Secretary of Agriculture shall make storage 
payments for any commodity affected by the marketing assistance loan 
for which the extension was granted.

SEC. 208. TEMPORARY SUSPENSION OF ACCRUAL OF INTEREST ON FARM LOAN FOR 
              BORROWER IN COUNTY FOR WHICH A DISASTER DECLARATION IS IN 
              EFFECT AS A RESULT OF A HURRICANE IN 2005.

    During the period that begins on the date of the enactment of this 
Act and ends with January 1, 2007, interest shall not accrue on any 
loan made under subtitle A or B of the Consolidated Farm and Rural 
Development Act with respect to a farm or ranch located in a county or 
parish that is in an area for which a major disaster has been declared 
under the Robert T. Stafford Disaster Releief and Emergency Assistance 
Act as a result of a hurricane that occurs in calendar year 2005.

SEC. 209. EXTENSION OF APPLICATION PERIOD FOR EMERGENCY LOANS IN 
              COUNTIES FOR WHICH A DISASTER DECLARATION IS IN EFFECT AS 
              A RESULT OF A HURRICANE IN 2005.

    The Secretary of Agriculture shall accept applications for 
assistance under subtitle C of the Consolidated Farm and Rural 
Development Act from persons with farming, ranching, or aquaculture 
operation affected by a major disaster or emergency designated by the 
President under the Robert T. Stafford Disaster Releief and Emergency 
Assistance Act as a result of a hurricane that occurs in calendar year 
2005, at any time during the 12-month period beginning on the date the 
President makes the major disaster or emergency designation with 
respect to the natural disaster for the county in which the operation 
is located.

SEC. 210. ADDITIONAL DEBT FORGIVENESS ALLOWED AS A RESULT OF LOSSES 
              SUSTAINED AS A RESULT OF A HURRICANE IN 2005 IN A COUNTY 
              FOR WHICH A DISASTER DECLARATION IS IN EFFECT AS A RESULT 
              OF A SUCH A HURRICANE.

    Section 343(a)(12)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1991(a)(12)(B)) is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) any write-down provided to a 
                        borrower whose losses are the result of the 
                        effects of a hurricane and whose operation was 
                        located in a county or parish for which there 
                        was in effect a presidential disaster 
                        declaration in 2004 or any subsequent calendar 
                        year.''.

SEC. 211. TEMPORARY EXTENSION OF ADMINISTRATIVE PROHIBITION ON USING 
              ADMINISTRATIVE OFFSET IN CERTAIN CASES.

    The Secretary of Agriculture shall suspend until January 1, 2007, 
any activity under the Debt Collection Improvement Act of 1996 or any 
amendment made by such Act in regard to payments made to any producer 
by the Farm Service Agency if the producer or an operation of the 
producer is located in a county or parish that is in an area for which 
a major disaster has been declared under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act as a result of a hurricane 
occurring in calendar year 2005.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. ADMINISTRATIVE FUNDS.

    The Secretary of Agriculture may transfer to appropriation accounts 
supporting the Farm Service Agency and the Natural Resources 
Conservation Service such amounts from the funds of the Commodity 
Credit Corporation as the Secretary determines are necessary to cover 
administrative costs incurred by such agencies to carry out this Act 
and the amendments made by this Act.

SEC. 302. SENSE OF CONGRESS REGARDING NEED FOR PERMANENT AGRICULTURAL 
              DISASTER RELIEF AUTHORITY.

    It is the sense of Congress that, in light of the yearly necessity 
for Congress to enact emergency legislation in response to natural 
disasters, permanent agricultural disaster relief authority should be 
enacted to provide an orderly and continuing means of assistance by the 
Federal Government to agricultural producers and persons dependent on 
food assistance programs to alleviate the suffering and damage that 
result from such disasters.

SEC. 303. SENSE OF CONGRESS REGARDING NEED FOR ADDITIONAL ASSISTANCE IN 
              RESPONSE TO HURRICANE KATRINA.

    It is the sense of Congress that this Act represents only an 
initial response to the agricultural losses in areas impacted by 
Hurricane Katrina and there exists a certain need for additional 
legislation as the magnitude of the agricultural losses becomes more 
fully understood and documented.

SEC. 304. REGULATIONS.

    (a) In General.--The Secretary of Agriculture may promulgate such 
regulations as are necessary to implement this Act and the amendments 
made by this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act and the amendments made by 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'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary of Agriculture shall use the authority 
provided under section 808 of title 5, United States Code.

SEC. 305. EMERGENCY DESIGNATION.

    The amounts provided under this Act are designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress).
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