1.This Act may be cited as
the Agricultural Assistance Act of
2005
.
2.In this Act:
(1)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)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 commodityThe 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)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 programThe 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
declarationThe 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)The
term Secretary means the Secretary of Agriculture.
3.Supplemental
direct payments for covered commodities
(a)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)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)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)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 assistanceA 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)The Secretary shall make payments under this section as
soon as practicable after the date of enactment of this Act.
4.
(a)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)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)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)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 assistanceA 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)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.).
5.
(a)Continuation of
assistance programSubject 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 programSubject 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 programsThe 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 fundsEffective 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.
6.Emergency surplus
removalThe 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.
7.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.
8.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.
9.Additional
hurricane assistance
(a)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)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)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).
10.
(a)The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act.
(b)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)Funds made available under this Act shall remain available
until expended.
11.
(a)The Secretary may promulgate such regulations as are
necessary to implement this Act.
(b)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 rulemakingIn carrying out this section, the
Secretary shall use the authority provided under section 808 of title 5, United
States Code.