II 109th CONGRESS 1st Session S. 1636 IN THE SENATE OF THE UNITED STATES September 8, 2005 Mr. Durbin (for himself, Mr. Talent, Mr. Obama, and Mr. Bond) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To provide agricultural disaster assistance to producers on a farm that incurred qualifying crop or quality losses for the 2005 crop due to damaging weather or related condition, and for other purposes.

1.

Agricultural disaster assistance

(a)

Crop and tree assistance

(1)

In general

Section 101 of division B of Public Law 108–324 (118 Stat. 1232) is amended— (A)in subsection (a)(2)— (i)by striking the 2003, 2004, or 2005 crop (as elected by a producer), but limited to only one of the crop years listed and inserting the 2003 or 2004 crop (as elected by a producer) and the 2005 crop; and (ii)by striking qualifying crop losses and all that follows through in this paragraph,; and (B)in subsection (c)(1), by striking 2004 and inserting 2005. (2)

Emergency designation

The amounts made available by the transfer of funds in or pursuant to the amendments made by paragraph (1) are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). (b)

Livestock compensation program

(1)

Use of commodity credit corporation funds

Effective beginning on the date of enactment of this Act, the Secretary shall use funds of the Commodity Credit Corporation to carry out the 2002 Livestock Compensation Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070) for 2005 losses. (2)

Eligible applicants

In carrying out the Program, the Secretary shall— (A)provide assistance to any applicant that— (i)conducts a livestock operation that is physically located in a disaster county, including any applicant conducting a livestock operation with eligible livestock, as that term is used in carrying out the livestock assistance program under section 101(b) of division B of Public Law 108–324 (118 Stat. 1232); and (ii)meets all other eligibility requirements established by the Secretary for the Program; and (B)provide assistance to any applicant that— (i)produces an animal described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)); and (ii)meets all other eligibility requirements established by the Secretary for the Program.