[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6849 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 29 (legislative day, September 17), 2008.
Resolved, That the bill from the House of Representatives (H.R.
6849) entitled ``An Act to amend the commodity provisions of the Food,
Conservation, and Energy Act of 2008 to permit producers to aggregate
base acres and reconstitute farms to avoid the prohibition on receiving
direct payments, counter-cyclical payments, or average crop revenue
election payments when the sum of the base acres of a farm is 10 acres
or less, and for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.
(a) Suspension of Prohibition.--
(1) In general.--Section 1101(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by adding
at the end the following:
``(4) Suspension of prohibition.--Paragraphs (1) through
(3) shall not apply during the 2008 crop year.''.
(2) Peanuts.--Section 1302(d) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by adding
at the end the following:
``(4) Suspension of prohibition.--Paragraphs (1) through
(3) shall not apply during the 2008 crop year.''.
(b) Extension of 2008 Signup for Direct Payments and Counter-
Cyclical Payments.--
(1) In general.--Section 1106 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding at
the end the following:
``(f) Extension of 2008 Signup.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall extend the 2008 crop year deadline for
the signup for benefits under this subtitle by producers on a
farm with base acres of 10 acres or less until the later of--
``(A) November 14, 2008; or
``(B) the end of the 45-day period beginning on the
date of the enactment of this subsection.
``(2) Penalties.--The Secretary shall ensure that no
penalty with respect to benefits under this subtitle or
subtitle B is assessed against producers on a farm described in
paragraph (1) for failure to submit reports under this section
or timely comply with other program requirements as a result of
compliance with the extended signup deadline under that
paragraph.''.
(2) Peanuts.--Section 1305 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8755) is amended by adding at the
end the following:
``(f) Extension of 2008 Signup.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall extend the 2008 crop year deadline for
the signup for benefits under this subtitle by producers on a
farm with base acres of 10 acres or less until the later of--
``(A) November 14, 2008; or
``(B) the end of the 45-day period beginning on the
date of the enactment of this subsection.
``(2) Penalties.--The Secretary shall ensure that no
penalty with respect to benefits under this subtitle is
assessed against producers on a farm described in paragraph (1)
for failure to submit reports under this section or timely
comply with other program requirements as a result of
compliance with the extended signup deadline under that
paragraph.''.
(c) Offsetting Reduction.--Section 515(k)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1515(k)(1)) is amended by striking ``2011'' and
inserting ``2010, and not more than $9,000,000 for fiscal year 2011''.
SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM.
(a) Federal Crop Insurance Act.--
(1) Definitions.--Section 531(a) of the Federal Crop
Insurance Act (7 U.S.C. 1531(a)) is amended--
(A) in paragraph (3)(B), by inserting ``has'' after
``on a farm that'';
(B) in paragraph (4), by striking ``section 1102 of
the Farm Security and Rural Investment Act of 2002''
and all that follows through the end of the paragraph
and inserting ``under--
``(i) section 1102 or 1302 of the Farm
Security and Rural Investment Act of 2002 (7
U.S.C. 7912, 7952);
``(ii) section 1102 or 1301(6) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8712, 8751(6)); or
``(iii) a successor section.'';
(C) in paragraph (5)(B)(ii), by striking ``, the
total loss'' and all that follows through the end of
the paragraph and adding ``the actual production on the
farm is less than 50 percent of the normal production
on the farm.'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``for
sale or on-farm livestock feeding (including
native grassland intended for haying)'' after
``harvest''; and
(ii) in subparagraph (C), by inserting
``for sale'' after ``crop'';
(E) by redesignating paragraphs (2) through (4),
(5) through (12), and (13) through (18) as paragraphs
(3) through (5), (7) through (14), and (16) through
(21), respectively;
(F) by inserting after paragraph (1) the following:
``(2) Actual production on the farm.--The term `actual
production on the farm' means the sum of the value of all crops
produced on the farm, as determined under subsection
(b)(6)(B).'';
(G) by inserting after paragraph (5) (as
redesignated by subparagraph (E)) the following:
``(6) Crop of economic significance.--The term `crop of
economic significance' shall have the uniform meaning given the
term by the Secretary for purposes of subsections (b)(1)(B) and
(g)(6).''; and
(H) by inserting after paragraph (14) (as
redesignated by subparagraph (E)) the following:
``(15) Normal production on the farm.--The term `normal
production on the farm' means the sum of the expected revenue
for all crops on the farm, as determined under subsection
(b)(6)(A).''.
(2) Supplemental revenue assistance payments.--Section
531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) is
amended--
(A) in paragraph (1)--
(i) by striking ``(1) in general.--The
Secretary'' and inserting the following:
``(1) Payments.--
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Crop loss.--To be eligible for crop loss
assistance under this subsection, the actual production
on the farm for at least 1 crop of economic
significance shall be reduced by at least 10 percent
due to disaster, adverse weather, or disaster-related
conditions.'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Exclusion of subsequently planted crops.--In
calculating the disaster assistance program guarantee
under paragraph (3) and the total farm revenue under
paragraph (4), the Secretary shall not consider the
value of any crop that--
``(i) is produced on land that is not
eligible for a policy or plan of insurance
under subtitle A or assistance under the
noninsured crop assistance program; or
``(ii) is subsequently planted on the same
land during the same crop year as the crop for
which disaster assistance is provided under
this subsection, except in areas in which
double-cropping is a normal practice, as
determined by the Secretary.'';
(C) in paragraph (3)(A)(ii)(III)--
(i) in the matter before item (aa), by
inserting ``50 percent of'' before ``the higher
of''; and
(ii) in item (aa), by striking
``guarantee'';
(D) in paragraph (4)--
(i) in subparagraph (A)(i)--
(I) by striking subclauses (I) and
(II) and inserting the following:
``(I) the actual production by crop
on a farm for purposes of determining
losses under subtitle A or the
noninsured crop assistance program;
and''; and
(II) by redesignating subclause
(III) as subclause (II);
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(iii) as the Secretary determines
appropriate, to reflect regional variations in
a manner consistent with the operation of the
crop insurance program under subtitle A and the
noninsured crop assistance program.'';
(E) in paragraph (5)--
(i) in the matter preceding subparagraph
(A), by striking ``the sum obtained by
adding'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``the product'' and
inserting ``for each insurable
commodity, the product'';
(II) in clause (i), by striking
``greatest'' and inserting ``greater'';
(III) in clause (iii), by striking
``of the insurance price guarantee;
and'' and inserting ``of the price
election for the commodity used to
calculate an indemnity for an
applicable policy of insurance if an
indemnity is triggered; and''; and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``the product'' and
inserting ``for each noninsurable crop,
the product'';
(II) in clause (i), by striking
``and'' at the end;
(III) by redesignating clause (ii)
as clause (iii); and
(IV) by inserting after clause (i)
the following:
``(ii) the acreage planted or prevented
from being planted for each crop; and''; and
(F) by adding at the end the following:
``(6) Production on the farm.--
``(A) Normal production on the farm.--The normal
production on the farm shall equal the sum of the
expected revenue for each crop on a farm as determined
under paragraph (5).
``(B) Actual production on the farm.--The actual
production on the farm shall equal the sum obtained by
adding--
``(i) for each insurable commodity on the
farm, the product obtained by multiplying--
``(I) 100 percent of the price
election for the commodity used to
calculate an indemnity for an
applicable policy of insurance if an
indemnity is triggered; and
``(II) the quantity of the
commodity produced on the farm,
adjusted for quality losses; and
``(ii) for each noninsurable commodity on a
farm, the product obtained by multiplying--
``(I) 100 percent of the noninsured
crop assistance program established
price for the commodity; and
``(II) the quantity of the
commodity produced on the farm,
adjusted for quality losses.''.
(3) Waiver for socially disadvantaged, limited resource, or
beginning farmer or rancher.--Section 531(d)(5)(B)(ii) of the
Federal Crop Insurance Act (7 U.S.C. 1531(d)(5)(B)(ii)) is
amended by striking ``section'' and inserting ``subsection''.
(4) Tree assistance program.--Section 531(f)(2)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is amended
by striking ``the Secretary shall provide'' and inserting ``the
Secretary shall use such sums as are necessary from the Trust
Fund to provide''.
(5) De minimis exception to risk management purchase
requirement.--Section 531(g) of the Federal Crop Insurance Act
(7 U.S.C. 1531(g)) is amended by adding at the end the
following:
``(6) De minimis exception.--
``(A) In general.--For purposes of assistance under
subsection (b), at the option of an eligible producer
on a farm, the Secretary shall waive paragraph (1)--
``(i) in the case of a portion of the total
acreage of a farm of the eligible producer that
is not of economic significance on the farm, as
established by the Secretary; or
``(ii) in the case of a crop for which the
administrative fee required for the purchase of
noninsured crop disaster assistance coverage
exceeds 10 percent of the value of that
coverage.
``(B) Treatment of acreage.--The Secretary shall
not consider the value of any crop exempted under
subparagraph (A) in calculating the supplemental
revenue assistance program guarantee under subsection
(b)(3) and the total farm revenue under subsection
(b)(4).''.
(6) Risk management purchase requirement waiver for 2009
crop year.--Section 531(g) of the Federal Crop Insurance Act (7
U.S.C. 1531(g)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``(other than subsection
(c))'' and inserting ``(other than subsections
(c) and (d))''; and
(ii) in subparagraph (A), by inserting ``,
excluding grazing land'' after ``producers on
the farm'';
(B) in paragraph (2), by striking ``grazed,
planted,'' and inserting ``planted'';
(C) in paragraph (4), by striking ``(4)'' and all
that follows through ``In the case'' and inserting the
following:
``(4) Waivers for certain crop years.--
``(A) 2008 crop year.--In the case''; and
(D) by adding at the end the following:
``(B) 2009 crop year.--In the case of an insurable
commodity or noninsurable commodity for the 2009 crop
year that does not meet the requirements of paragraph
(1) and the relevant crop insurance program sales
closing date or noninsured crop assistance program fee
payment date was prior to August 14, 2008, the
Secretary shall waive paragraph (1) if the eligible
producer of the insurable commodity or noninsurable
commodity pays a fee in an amount equal to the
applicable noninsured crop assistance program fee or
catastrophic risk protection plan fee required under
paragraph (1) to the Secretary not later than 90 days
after the date of enactment of this subparagraph.''.
(7) Payment limitations.--Section 531(h) of the Federal
Crop Insurance Act (7 U.S.C. 1531) is amended by adding at the
end the following:
``(5) Transition rule.--Sections 1001, 1001A, 1001B, and
1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.)
as in effect on September 30, 2007, shall continue to apply
with respect to 2008 crops.''.
(b) Trade Act of 1974.--
(1) Definitions.--Section 901(a) of the Trade Act of 1974
(19 U.S.C. 2497(a)) is amended--
(A) in paragraph (3)(B), by inserting ``has'' after
``on a farm that'';
(B) in paragraph (4), by striking ``section 1102 of
the Farm Security and Rural Investment Act of 2002''
and all that follows through the end of the paragraph
and inserting ``under--
``(i) section 1102 or 1302 of the Farm
Security and Rural Investment Act of 2002 (7
U.S.C. 7912, 7952);
``(ii) section 1102 or 1301(6) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8712, 8751(6)); or
``(iii) a successor section.'';
(C) in paragraph (5)(B)(ii), by striking ``, the
total loss'' and all that follows through the end of
the paragraph and adding ``the actual production on the
farm is less than 50 percent of the normal production
on the farm.'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``for
sale or on-farm livestock feeding (including
native grassland intended for haying)'' after
``harvest''; and
(ii) in subparagraph (C), by inserting
``for sale'' after ``crop'';
(E) by redesignating paragraphs (2) through (4),
(5) through (12), and (13) through (18) as paragraphs
(3) through (5), (7) through (14), and (16) through
(21), respectively;
(F) by inserting after paragraph (1) the following:
``(2) Actual production on the farm.--The term `actual
production on the farm' means the sum of the value of all crops
produced on the farm, as determined under subsection
(b)(6)(B).'';
(G) by inserting after paragraph (5) (as
redesignated by subparagraph (E)) the following:
``(6) Crop of economic significance.--The term `crop of
economic significance' shall have the uniform meaning given the
term by the Secretary for purposes of subsections (b)(1)(B) and
(g)(6).''; and
(H) by inserting after paragraph (14) (as
redesignated by subparagraph (E)) the following:
``(15) Normal production on the farm.--The term `normal
production on the farm' means the sum of the expected revenue
for all crops on the farm, as determined under subsection
(b)(6)(A).''.
(2) Supplemental revenue assistance payments.--Section
901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is
amended--
(A) in paragraph (1)--
(i) by striking ``(1) in general.--The
Secretary'' and inserting the following:
``(1) Payments.--
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(B) Crop loss.--To be eligible for crop loss
assistance under this subsection, the actual production
on the farm for at least 1 crop of economic
significance shall be reduced by at least 10 percent
due to disaster, adverse weather, or disaster-related
conditions.'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Exclusion of subsequently planted crops.--In
calculating the disaster assistance program guarantee
under paragraph (3) and the total farm revenue under
paragraph (4), the Secretary shall not consider the
value of any crop that--
``(i) is produced on land that is not
eligible for a policy or plan of insurance
under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) or assistance under the
noninsured crop assistance program; or
``(ii) is subsequently planted on the same
land during the same crop year as the crop for
which disaster assistance is provided under
this subsection, except in areas in which
double-cropping is a normal practice, as
determined by the Secretary.'';
(C) in paragraph (3)(A)(ii)(III)--
(i) in the matter before item (aa), by
inserting ``50 percent of'' before ``the higher
of'';
(ii) in item (aa), by striking
``guarantee'';
(D) in paragraph (4)--
(i) in subparagraph (A)(i)--
(I) by striking subclauses (I) and
(II) and inserting the following:
``(I) the actual production by crop
on a farm for purposes of determining
losses under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or the
noninsured crop assistance program;
and''; and
(II) by redesignating subclause
(III) as subclause (II);
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(iii) as the Secretary determines
appropriate, to reflect regional variations in
a manner consistent with the operation of the
Federal crop insurance program under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) and the noninsured crop assistance
program.'';
(E) in paragraph (5)--
(i) in the matter preceding subparagraph
(A), by striking ``the sum obtained by
adding'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``the product'' and
inserting ``for each insurable
commodity, the product'';
(II) in clause (i), by striking
``greatest'' and inserting ``greater'';
(III) in clause (iii), by striking
``of the insurance price guarantee;
and'' and inserting ``of the price
election for the commodity used to
calculate an indemnity for an
applicable policy of insurance if an
indemnity is triggered; and''; and
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``the product'' and
inserting ``for each noninsurable crop,
the product'';
(II) in clause (i), by striking
``and'' at the end;
(III) by redesignating clause (ii)
as clause (iii); and
(IV) by inserting after clause (i)
the following:
``(ii) the acreage planted or prevented
from being planted for each crop; and''; and
(F) by adding at the end the following:
``(6) Production on the farm.--
``(A) Normal production on the farm.--The normal
production on the farm shall equal the sum of the
expected revenue for each crop on a farm as determined
under paragraph (5).
``(B) Actual production on the farm.--The actual
production on the farm shall equal the sum obtained by
adding--
``(i) for each insurable commodity on the
farm, the product obtained by multiplying--
``(I) 100 percent of the price
election for the commodity used to
calculate an indemnity for an
applicable policy of insurance if an
indemnity is triggered; and
``(II) the quantity of the
commodity produced on the farm,
adjusted for quality losses; and
``(ii) for each noninsurable commodity on a
farm, the product obtained by multiplying--
``(I) 100 percent of the noninsured
crop assistance program established
price for the commodity; and
``(II) the quantity of the
commodity produced on the farm,
adjusted for quality losses.''.
(3) Waiver for socially disadvantaged, limited resource, or
beginning farmer or rancher.--Section 901(d)(5)(B)(ii) of the
Trade Act of 1974 (19 U.S.C. 2497(d)(5)(B)(ii)) is amended by
striking ``section'' and inserting ``subsection''.
(4) Tree assistance program.--Section 901(f)(2)(A) of the
Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by
striking ``the Secretary shall provide'' and inserting ``the
Secretary shall use such sums as are necessary from the Trust
Fund to provide''.
(5) De minimis exception to risk management purchase
requirement.--Section 901(g) of the Trade Act of 1974 (19
U.S.C. 2497(g)) is amended by adding at the end the following:
``(6) De minimis exception.--
``(A) In general.--For purposes of assistance under
subsection (b), at the option of an eligible producer
on a farm, the Secretary shall waive paragraph (1)--
``(i) in the case of a portion of the total
acreage of a farm of the eligible producer that
is not of economic significance on the farm, as
established by the Secretary; or
``(ii) in the case of a crop for which the
administrative fee required for the purchase of
noninsured crop disaster assistance coverage
exceeds 10 percent of the value of that
coverage.
``(B) Treatment of acreage.--The Secretary shall
not consider the value of any crop exempted under
subparagraph (A) in calculating the supplemental
revenue assistance program guarantee under subsection
(b)(3) and the total farm revenue under subsection
(b)(4).''.
(6) Risk management purchase requirement waiver for 2009
crop year.--Section 901(g) of the Trade Act of 1974 (19 U.S.C.
2497(g)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``(other than subsection
(c))'' and inserting ``(other than subsections
(c) and (d))''; and
(ii) in subparagraph (A), by inserting ``,
excluding grazing land'' after ``producers on
the farm'';
(B) in paragraph (2), by striking ``grazed,
planted,'' and inserting ``planted'';
(C) in paragraph (4), by striking ``(4)'' and all
that follows through ``In the case'' and inserting the
following:
``(4) Waivers for certain crop years.--
``(A) 2008 crop year.--In the case''; and
(D) by adding at the end the following:
``(B) 2009 crop year.--In the case of an insurable
commodity or noninsurable commodity for the 2009 crop
year that does not meet the requirements of paragraph
(1) and the relevant crop insurance program sales
closing date or noninsured crop assistance program fee
payment date was prior to August 14, 2008, the
Secretary shall waive paragraph (1) if the eligible
producer of the insurable commodity or noninsurable
commodity pays a fee in an amount equal to the
applicable noninsured crop assistance program fee or
catastrophic risk protection plan fee required under
paragraph (1) to the Secretary not later than 90 days
after the date of enactment of this subparagraph.''.
(7) Payment limitations.--Section 901(h) of the Trade Act
of 1974 (19 U.S.C. 2497(h)) is amended by adding at the end the
following:
``(5) Transition rule.--Sections 1001, 1001A, 1001B, and
1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.)
as in effect on September 30, 2007, shall continue to apply
with respect to 2008 crops.''.
Attest:
Secretary.
110th CONGRESS
2d Session
H.R. 6849
_______________________________________________________________________
AMENDMENT