[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1804 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1804

  To provide emergency assistance to agricultural producers who have 
 suffered losses as a result of drought, Hurricane Katrina, and other 
    natural disasters occurring during 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2005

  Mrs. Lincoln (for herself and Mr. Talent) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To provide emergency assistance to agricultural producers who have 
 suffered losses as a result of drought, Hurricane Katrina, and other 
    natural disasters occurring during 2005, 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.

    This Act may be cited as the ``Agricultural Assistance Act of 
2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered commodity.--The term ``covered commodity'' has 
        the meaning given the term in section 1001 of the Farm Security 
        and Rural Investment Act of 2002 (7 U.S.C. 7901).
            (2) Disaster county.--The term ``disaster county'' means--
                    (A) a county included in the geographic area 
                covered by a natural disaster declaration; and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (3) Eligible noninsurable commodity.--The term ``eligible 
        noninsurable commodity'' means an eligible 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).
            (4) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) produced 
        in an area that is eligible for coverage under a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (5) Livestock assistance program.--The term ``livestock 
        assistance program'' means--
                    (A) the 2002 Cattle Feed Program announced by the 
                Secretary on September 3, 2002 (67 Fed. Reg. 56260), to 
                the extent necessary to cover natural disaster 
                declarations made during calendar year 2005;
                    (B) the 2002 Livestock Compensation Program, as 
                announced by the Secretary on October 10, 2002 (67 Fed. 
                Reg. 63070), and modified in accordance with 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) and section 5(a); and
                    (C) the livestock loss assistance program required 
                by section 5(b).
            (6) Natural disaster declaration.--The term ``natural 
        disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary--
                            (i) during calendar year 2005 under section 
                        321(a) of the Consolidated Farm and Rural 
                        Development Act (7 U.S.C. 1961(a)); or
                            (ii) during calendar year 2006 under that 
                        section, but for which a request was pending as 
                        of December 31, 2005; or
                    (B) a major disaster or emergency designated by the 
                President--
                            (i) during calendar year 2005 under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); or
                            (ii) during calendar year 2006 under that 
                        Act, but for which a request was pending as of 
                        December 31, 2005.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED COMMODITIES.

    (a) Payments Required.--The Secretary shall make payments to 
producers on a farm eligible for direct payments for the 2005 crop of a 
covered commodity under section 1103 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7913) if--
            (1) the farm is located in a disaster county; or
            (2) the producers on the farm have incurred qualifying crop 
        losses with respect to the 2005 crop of a covered commodity due 
        to damaging weather or related condition, as determined by the 
        Secretary, using the same loss thresholds for the quantity and 
        quality losses as were used in administering section 815 of the 
        Agriculture, Rural Development, Food and Drug Administration, 
        and Related Agencies Appropriations Act, 2001 (Public Law 106-
        387; 114 Stat. 1549, 1549A-55).
    (b) Amount.--The amount of the payment made to the producers on a 
farm under this section shall be equal to 100 percent of the amount of 
the direct payment the producers on the farm are eligible to receive 
for the 2005 crop under section 1103 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7913).
    (c) Crop Insurance.--As a condition of the receipt of a payment 
under this section, the producers on the farm shall enter into a 
contract with the Secretary under which the producers on the farm 
agree--
            (1) in the case of the covered commodity and all other 
        insurable commodities produced on the farm for each of the next 
        2 crop years--
                    (A) to obtain at least catastrophic risk protection 
                coverage for those commodities under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.); and
                    (B) in the event of violation of the contract, to 
                repay to the Secretary any payment received under this 
                section; and
            (2) in the case of all eligible noninsurable commodities 
        produced on the farm for each of the next 2 crop or calendar 
        years, as applicable--
                    (A) to file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for those commodities under section 196 of 
                the Federal Agriculture Improvement and Reform Act of 
                1996 (7 U.S.C. 7333); and
                    (B) in the event of violation of the contract, to 
                repay to the Secretary any payment received under this 
                section.
    (d) Administration.--For purposes of sections 1001 through 1001F of 
the Food Security Act of 1985 (7 U.S.C. 1308 et seq.), payments 
received under this section shall be considered direct payments made to 
a person under subtitle A of title I of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7911 et seq.).
    (e) Relation to Other Assistance.--A person that elects to receive 
payments under this section for a covered commodity is not eligible for 
crop loss assistance under section 4 for the same commodity.
    (f) Time for Payment.--The Secretary shall make payments under this 
section as soon as practicable after the date of enactment of this Act.

SEC. 4. CROP LOSS ASSISTANCE.

    (a) Assistance Available.--The Secretary shall use such sums as are 
necessary of the funds of the Commodity Credit Corporation to make 
emergency financial assistance available to producers on a farm that 
have incurred losses in a disaster county as a result of a disaster for 
which a natural disaster declaration was made, as determined by the 
Secretary.
    (b) Administration.--Subject to subsection (a), the Secretary shall 
make assistance available under this section in the same manner as 
provided under section 1102 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 1999 
(7 U.S.C. 1421 note; Public Law 105-277), including using the same loss 
thresholds as were used in administering that section.
    (c) Qualifying Losses.--Assistance under this section may be made 
for losses associated with crops that are, as determined by the 
Secretary--
            (1) quantity losses;
            (2) quality losses; or
            (3) severe economic losses due to damaging weather or 
        related condition.
    (d) Crops Covered.--Assistance under this section shall be 
applicable to losses for all crops (including losses of trees from 
which a crop is harvested, livestock, and fisheries), as determined by 
the Secretary, due to the disaster for which the natural disaster 
declaration was made.
    (e) Relation to Other Assistance.--A person that elects to receive 
assistance under this section for a covered commodity is not eligible 
for supplemental direct payments for the same covered commodity under 
section 3.
    (f) Crop Insurance.--In carrying out this section, the Secretary 
shall not discriminate against or penalize producers on a farm that 
have purchased crop insurance under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.).

SEC. 5. LIVESTOCK ASSISTANCE.

    (a) Continuation of Assistance Program.--Subject to subsection (c), 
the Secretary shall--
            (1) continue to carry out the 2002 Livestock Compensation 
        Program announced by the Secretary on October 10, 2002 (67 Fed. 
        Reg. 63070); and
            (2) under that Program, 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 established by the 
                Secretary for the Program; or
                    (B) 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 meets all other 
                eligibility requirements established by the Secretary 
                for the Program.
    (b) Livestock Loss Assistance Program.--Subject to subsection (c), 
the Secretary shall use $250,000,000 of funds of the Commodity Credit 
Corporation to carry out a program to make payments to producers for 
livestock losses occurring in a disaster county using the criteria 
established to carry out the 1999 Livestock Assistance Program.
    (c) Relationship of Livestock Assistance Programs.--The amount of 
assistance that the producers on a farm would receive for a loss under 
a livestock assistance program, in the absence of the operation of this 
section, shall be reduced by the amount of the assistance that the 
producers on the farm receive under any other livestock assistance 
program.
    (d) Use of Commodity Credit Corporation Funds.--Effective beginning 
on the date of enactment of this Act, the Secretary shall carry out the 
2002 Livestock Compensation Program announced by the Secretary on 
October 10, 2002 (67 Fed. Reg. 63070) using funds of the Commodity 
Credit Corporation.

SEC. 6. EMERGENCY SURPLUS REMOVAL.

    The Secretary shall transfer $250,000,000 of funds of the Commodity 
Credit Corporation to the fund established by section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c), to carry out emergency surplus removal 
of agricultural commodities.

SEC. 7. SPECIALTY CROPS.

    The Secretary shall use $50,000,000 of funds of the Commodity 
Credit Corporation to provide assistance to producers directly or 
through grants to States, or take such other action as the Secretary 
determines is appropriate, to assist producers of fruits and 
vegetables.

SEC. 8. COTTONSEED.

    The Secretary shall use $50,000,000 of funds of the Commodity 
Credit Corporation to provide assistance to producers and first 
handlers of the 2005 crop of cottonseed.

SEC. 9. ADDITIONAL HURRICANE ASSISTANCE.

    (a) In General.--In any State described in section 359f(c)(1)(A) of 
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)) in a 
which a natural disaster declaration is in effect, the Secretary shall 
make available to first processors 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 from 
carrying out that section, to partially compensate producers and first 
processors for crop and other losses that are related to the natural 
disaster declaration.
    (b) Administration.--Assistance under this section 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 determines are necessary to carry out this section.
    (c) Quantity.--To carry out this section, the Secretary shall--
            (1) use 200,000 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 200,000 tons of commodities described in 
        paragraph (1); or
            (3) take any combination of actions described in paragraphs 
        (1) and (2) using commodities or payments with a total market 
        value of 200,000 tons of commodities described in paragraph 
        (1).

SEC. 10. FUNDING.

    (a) In General.--The Secretary shall use the funds, facilities, and 
authorities of the Commodity Credit Corporation to carry out this Act.
    (b) Administration.--The Secretary, acting through the Farm Service 
Agency, may use not more than $70,000,000 of funds of the Commodity 
Credit Corporation to cover administrative costs associated with the 
implementation of this Act and title I of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 7901 et seq.).
    (c) Use of Funds.--Funds made available under this Act shall remain 
available until expended.

SEC. 11. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--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'').
    (c) 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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