[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4177 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4177

   To provide emergency disaster assistance to certain agricultural 
   producers that suffered losses during 2009, to provide emergency 
disaster assistance to certain livestock producers that suffered losses 
              during 2008 or 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2009

Mr. Berry (for himself and Mr. Childers) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
   the Committee on Appropriations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide emergency disaster assistance to certain agricultural 
   producers that suffered losses during 2009, to provide emergency 
disaster assistance to certain livestock producers that suffered losses 
              during 2008 or 2009, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agricultural 
Disaster Assistance Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Supplemental direct payment.
Sec. 4. Specialty crop assistance.
Sec. 5. Cottonseed assistance.
Sec. 6. Livestock assistance.
Sec. 7. Relation to other laws.
Sec. 8. Regulations.
Sec. 9. Funding source.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Disaster county.--
                    (A) In general.--The term ``disaster county'' means 
                a county included in the geographic area covered by a 
                qualifying natural disaster declaration for calendar 
                year 2009, except that, in the case of livestock 
                assistance authorized under section 6, the term 
                includes a county included in the geographic area 
                covered by qualifying natural disaster declaration for 
                calendar year 2008 or 2009.
                    (B) Exclusion.--The term ``disaster county'' does 
                not include a contiguous county.
            (2) Eligible producer.--The term ``eligible producer'' 
        means an agricultural producer in a disaster county.
            (3) Eligible specialty crop producer.--The term ``eligible 
        specialty crop producer'' means an agricultural producer that, 
        during the 2009 calendar year, as determined by the Secretary--
                    (A) produced, or were prevented from planting, a 
                specialty crop in 1 or more disaster counties; and
                    (B) experienced crop losses associated with drought 
                or excessive rainfall.
            (4) Qualifying natural disaster declaration.--The term 
        ``qualifying natural disaster declaration'' means a natural 
        disaster declared by the Secretary for production losses under 
        section 321(a) of the Consolidated Farm and Rural Development 
        Act (7 U.S.C. 1961(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Specialty crop.--The term ``specialty crop'' has the 
        meaning given the term in section 3 of the Specialty Crops 
        Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621 
        note).

SEC. 3. SUPPLEMENTAL DIRECT PAYMENT.

    Of the funds of the Commodity Credit Corporation, the Secretary 
shall use such sums as are necessary to make a supplemental payment 
under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 
U.S.C. 8713) to eligible producers that previously received a payment 
under that section.

SEC. 4. SPECIALTY CROP ASSISTANCE.

    (a) In General.--Of the funds of the Commodity Credit Corporation, 
the Secretary shall use not more than $650,000,000, to remain available 
until September 30, 2011, to carry out a program of grants to States to 
assist eligible specialty crop producers for losses associated with 
drought or excessive rainfall during the 2009 calendar year.
    (b) Notification.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall notify the State department 
of agriculture (or similar entity) in each State of the availability of 
funds to assist eligible specialty crop producers, including such terms 
as are determined by the Secretary to be necessary for the equitable 
treatment of eligible specialty crop producers.
    (c) Provision of Grants.--
            (1) In general.--The Secretary shall make grants to States 
        under this section on a pro rata basis based on the value of 
        specialty crop production during the 2008 calendar year, as 
        determined by the Secretary.
            (2) Timing.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall make grants to 
        States to provide assistance under this section.
            (3) Maximum grant.--The maximum amount of a grant made to a 
        State under this section may not exceed $40,000,000.
    (d) Requirements.--The Secretary shall make grants under this 
section only to States that demonstrate to the satisfaction of the 
Secretary that the State will--
            (1) use grant funds to assist eligible specialty crop 
        producers;
            (2) provide assistance to eligible specialty crop producers 
        not later than 60 days after the date on which the State 
        receives grant funds; and
            (3) not later than 30 days after the date on which the 
        State provides assistance to eligible specialty crop producers, 
        submit to the Secretary a report that describes--
                    (A) the manner in which the State provided 
                assistance;
                    (B) the amounts of assistance provided by type of 
                specialty crop; and
                    (C) the process by which the State determined the 
                levels of assistance to eligible specialty crop 
                producers.

SEC. 5. COTTONSEED ASSISTANCE.

    (a) In General.--Of the funds of the Commodity Credit Corporation, 
the Secretary shall use not more than $42,000,000 to provide 
supplemental assistance to eligible producers and first-handlers of the 
2009 crop of cottonseed in disaster counties.
    (b) General Terms.--Except as otherwise provided in this section, 
the Secretary shall provide disaster assistance under this section 
under the same terms and conditions as assistance provided under 
section 3015 of the Emergency Agricultural Disaster Assistance Act of 
2006 (title III of Public Law 109-234; 120 Stat. 477).
    (c) Distribution of Assistance.--The Secretary shall distribute 
assistance to first handlers for the benefit of eligible producers in a 
disaster county in an amount equal to the product obtained by 
multiplying--
            (1) the payment rate, as determined under subsection (d); 
        and
            (2) the county-eligible production, as determined under 
        subsection (e).
    (d) Payment Rate.--The payment rate shall be equal to the quotient 
obtained by dividing--
            (1) the sum of the county-eligible production, as 
        determined under subsection (e); by
            (2) the total funds made available to carry out this 
        section.
    (e) County-Eligible Production.--The county-eligible production 
shall be equal to the product obtained by multiplying--
            (1) the number of acres planted to cotton in the disaster 
        county, as reported to the Secretary by first-handlers;
            (2) the expected cotton lint yield for the disaster county, 
        as determined by the Secretary based on the best available 
        information; and
            (3) the national average seed-to-lint ratio, as determined 
        by the Secretary based on the best available information for 
        the 5 crop years immediately preceding the 2009 crop, excluding 
        the year in which the average ratio was the highest and the 
        year in which the average ratio was the lowest in such period.

SEC. 6. LIVESTOCK ASSISTANCE.

    (a) Livestock Compensation Program.--
            (1) In general.--Subject to subsection (c), the Secretary 
        shall continue to carry out the 2002 Livestock Compensation 
        Program announced by the Secretary on October 10, 2002 (67 Fed. 
        Reg. 63070) (referred to in this subsection as the 
        ``Program'').
            (2) Assistance.--In carrying out the Program, the Secretary 
        shall 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 carry out a program to make payments to eligible 
producers for livestock losses occurring in a disaster county under the 
same criteria established to carry out the 1999 Livestock Assistance 
Program.
    (c) Relationship of Livestock Assistance Programs.--The amount of 
assistance that the eligible producers on a farm would otherwise 
receive under subsection (a) or (b) for a loss, except for the 
operation of this subsection, shall be reduced by the amount of the 
assistance that the eligible producers on the farm receive under any 
other livestock assistance program.
    (d) Use of Commodity Credit Corporation Funds.--The Secretary shall 
use $150,000,000 of the funds of the Commodity Credit Corporation to 
carry out the livestock assistance programs under this section.

SEC. 7. RELATION TO OTHER LAWS.

    An eligible producer or eligible specialty crop producer that 
receives assistance under this Act shall be ineligible to receive 
assistance for the 2009 crop year under the program carried out under 
section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and 
section 901 of the Trade Act of 1974 (19 U.S.C. 2497).

SEC. 8. REGULATIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall 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 paragraph, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

SEC. 9. FUNDING SOURCE.

    (a) Offset.--The Secretary of the Treasury shall rescind such funds 
as are necessary of funds made available under the Troubled Asset 
Relief Program established under title I of division A of the Emergency 
Economic Stabilization Act of 2008 (Public Law 110-343; 12 U.S.C. 5211 
et seq.) to reimburse the Commodity Credit Corporation for expenditures 
under this Act.
    (b) Administrative Costs.--The Secretary may use up to $5,000,000 
of amounts made available under subsection (a) to pay administrative 
costs incurred by the Secretary that are directly related to carrying 
out this Act.
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