110th CONGRESS
2d Session
H. R. 6849
In the Senate of the United
States,
September 29 (legislative
day, September 17), 2008.
Amendment:
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
Strike all after
the enacting clause and insert the
following:
1.Treatment of farms with
limited base acres
(a)Suspension of
prohibition
(1)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
prohibitionParagraphs (1) through (3) shall not apply during the
2008 crop
year.
.
(2)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
prohibitionParagraphs (1) through (3) shall not apply during the
2008 crop
year.
.
(b)Extension of
2008 signup for direct payments and counter-cyclical payments
(1)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)
(1)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)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)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)
(1)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)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)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
.
2.Supplemental
revenue assistance program
(a)Federal Crop
Insurance Act
(1)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 farmThe 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 significanceThe 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 farmThe 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 paymentsSection 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)
(A)The Secretary
;
and
(ii)by
adding at the end the following:
(B)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 cropsIn 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)
(A)Normal
production on the farmThe 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 farmThe 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
rancherSection 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)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 requirementSection
531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended by
adding at the end the following:
(6)
(A)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)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 yearSection 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)In the case
;
and
(D)by adding at the
end the following:
(B)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)Section 531(h) of the Federal Crop Insurance Act (7
U.S.C. 1531) is amended by adding at the end the following:
(5)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)
(1)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 farmThe 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 significanceThe 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 farmThe 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 paymentsSection 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)
(A)The Secretary
;
and
(ii)by
adding at the end the following:
(B)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 cropsIn 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)
(A)Normal
production on the farmThe 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 farmThe 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
rancherSection 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)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 requirementSection
901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the
end the following:
(6)
(A)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)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 yearSection 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)In the case
;
and
(D)by adding at the
end the following:
(B)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)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)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.
.
Secretary