[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2905 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2905

   To temporarily waive the risk management purchase requirement for 
    agricultural producers adversely impacted by Hurricane Irene or 
   Tropical Storm Lee so that such producers are eligible to receive 
 assistance under the Supplemental Revenue Assistance Program (SURE), 
 Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish 
           Program (ELAP), and Tree Assistance Program (TAP).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2011

Mr. Gibson (for himself, Mr. Welch, Mr. Tonko, Mr. Hinchey, Mr. Marino, 
 Mr. Owens, Mr. McIntyre, Ms. DeLauro, Mr. Courtney, Ms. Buerkle, Mr. 
  Larson of Connecticut, Mr. Hanna, and Ms. Hayworth) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
  in addition to the Committee on Ways and Means, 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 temporarily waive the risk management purchase requirement for 
    agricultural producers adversely impacted by Hurricane Irene or 
   Tropical Storm Lee so that such producers are eligible to receive 
 assistance under the Supplemental Revenue Assistance Program (SURE), 
 Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish 
           Program (ELAP), and Tree Assistance Program (TAP).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONDITIONAL WAIVER OF RISK MANAGEMENT PURCHASE REQUIREMENT 
              FOR CERTAIN AGRICULTURAL PRODUCERS ADVERSELY IMPACTED BY 
              HURRICANE IRENE OR TROPICAL STORM LEE.

    (a) Definitions.--In this section:
            (1) Disaster county.--The term ``disaster county'' means--
                    (A) a county included in the geographical area 
                covered by a qualifying natural disaster declaration; 
                and
                    (B) each county contiguous to a county described in 
                subparagraph (A).
            (2) Qualifying natural disaster declaration.--The term 
        ``qualifying natural disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary of 
                Agriculture in 2011 due to damaging weather and other 
                conditions relating to Hurricane Irene or Tropical 
                Storm Lee under section 321(a) of the Consolidated Farm 
                and Rural Development Act (7 U.S.C. 1961(a)); or
                    (B) a major disaster or emergency designated by the 
                President in 2011 due to damaging weather and other 
                conditions relating to Hurricane Irene or Tropical 
                Storm Lee under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    (b) Waiver.--Subject to subsection (c), subsection (g) of section 
531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and subsection 
(g) of section 901 of the Trade Act of 1974 (19 U.S.C. 2497), relating 
to the risk management purchase requirement for supplemental 
agricultural disaster assistance, shall not apply with respect to the 
operation of the Supplemental Revenue Assistance Program (SURE), the 
Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP), and the 
Tree Assistance Program (TAP) under such sections in a disaster county 
in response to damaging weather and other conditions relating to 
Hurricane Irene or Tropical Storm Lee.
    (c) Condition.--If an agricultural producer on a farm in a disaster 
county becomes eligible for assistance under a supplemental 
agricultural disaster assistance program specified in subsection (b) as 
a result of the waiver provided by such subsection, the producer shall 
agree, as a condition of receiving such assistance--
            (1) in the case of each insurable commodity of the producer 
        on the farm, excluding grazing land, to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.) for the next crop of the commodity; and
            (2) in the case of each noninsurable commodity of the 
        producer on the farm, to file the required paperwork, and pay 
        the administrative fee by the applicable State filing deadline, 
        for the next crop of the commodity under the noninsured crop 
        assistance program under section 196 of the of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
    (d) Effect of Violation.--If an agricultural producer violates the 
condition imposed by subsection (c), the producer shall reimburse the 
Secretary of Agriculture for the full amount of the assistance provided 
to the producer under each of the supplemental agricultural disaster 
assistance programs specified in subsection (b).
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