I 112th CONGRESS 1st Session H. R. 2905 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).

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).