[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 141 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 141

  To make supplemental agricultural disaster assistance available for 
          fiscal years 2012 and 2013, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 3), 2013

 Mr. Baucus (for himself, Ms. Stabenow, and Mr. Blunt) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To make supplemental agricultural disaster assistance available for 
          fiscal years 2012 and 2013, 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. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Eligible producer on a farm.--
                    (A) In general.--The term ``eligible producer on a 
                farm'' means an individual or entity described in 
                subparagraph (B) that, as determined by the Secretary, 
                assumes the production and market risks associated with 
                the agricultural production of crops or livestock.
                    (B) Description.--An individual or entity referred 
                to in subparagraph (A) is--
                            (i) a citizen of the United States;
                            (ii) a resident alien;
                            (iii) a partnership of citizens of the 
                        United States; or
                            (iv) a corporation, limited liability 
                        corporation, or other farm organizational 
                        structure organized under State law.
            (2) Farm.--
                    (A) In general.--The term ``farm'' means, in 
                relation to an eligible producer on a farm, the total 
                of all crop acreage in all counties that is planted or 
                intended to be planted for harvest, for sale, or on-
                farm livestock feeding (including native grassland 
                intended for haying) by the eligible producer.
                    (B) Aquaculture.--In the case of aquaculture, the 
                term ``farm'' means, in relation to an eligible 
                producer on a farm, all fish being produced in all 
                counties that are intended to be harvested for sale by 
                the eligible producer.
                    (C) Honey.--In the case of honey, the term ``farm'' 
                means, in relation to an eligible producer on a farm, 
                all bees and beehives in all counties that are intended 
                to be harvested for a honey crop for sale by the 
                eligible producer.
            (3) Farm-raised fish.--The term ``farm-raised fish'' means 
        any aquatic species that is propagated and reared in a 
        controlled environment.
            (4) Livestock.--The term ``livestock'' includes--
                    (A) cattle (including dairy cattle);
                    (B) bison;
                    (C) poultry;
                    (D) sheep;
                    (E) swine;
                    (F) horses; and
                    (G) other livestock, as determined by the 
                Secretary.
    (b) Livestock Indemnity Payments.--
            (1) Payments.--For each of fiscal years 2012 and 2013, the 
        Secretary shall use such sums as are necessary of the funds of 
        the Commodity Credit Corporation to make livestock indemnity 
        payments to eligible producers on farms that have incurred 
        livestock death losses in excess of the normal mortality, as 
        determined by the Secretary, due to--
                    (A) attacks by animals reintroduced into the wild 
                by the Federal Government or protected by Federal law, 
                including wolves; or
                    (B) adverse weather, as determined by the 
                Secretary, during the calendar year, including losses 
                due to hurricanes, floods, blizzards, disease, 
                wildfires, extreme heat, and extreme cold.
            (2) Payment rates.--Indemnity payments to an eligible 
        producer on a farm under paragraph (1) shall be made at a rate 
        of 65 percent of the market value of the applicable livestock 
        on the day before the date of death of the livestock, as 
        determined by the Secretary.
            (3) Special rule for payments made due to disease.--The 
        Secretary shall ensure that payments made to an eligible 
        producer under paragraph (1) are not made for the same 
        livestock losses for which compensation is provided pursuant to 
        section 10407(d) of the Animal Health Protection Act (7 U.S.C. 
        8306(d)).
    (c) Livestock Forage Disaster Program.--
            (1) Establishment.--There is established a livestock forage 
        disaster program to provide 1 source for livestock forage 
        disaster assistance for weather-related forage losses, as 
        determined by the Secretary, by combining--
                    (A) the livestock forage assistance functions of--
                            (i) the noninsured crop disaster assistance 
                        program established by section 196 of the 
                        Federal Agriculture Improvement and Reform Act 
                        of 1996 (7 U.S.C. 7333); and
                            (ii) the emergency assistance for 
                        livestock, honey bees, and farm-raised fish 
                        program under section 531(e) of the Federal 
                        Crop Insurance Act (7 U.S.C. 1531(e)) (as in 
                        existence on the day before the date of 
                        enactment of this Act); and
                    (B) the livestock forage disaster program under 
                section 531(d) of the Federal Crop Insurance Act (7 
                U.S.C. 1531(d)) (as in existence on the day before the 
                date of enactment of this Act).
            (2) Definitions.--In this subsection:
                    (A) Covered livestock.--
                            (i) In general.--Except as provided in 
                        clause (ii), the term ``covered livestock'' 
                        means livestock of an eligible livestock 
                        producer that, during the 60 days prior to the 
                        beginning date of an eligible forage loss, as 
                        determined by the Secretary, the eligible 
                        livestock producer--
                                    (I) owned;
                                    (II) leased;
                                    (III) purchased;
                                    (IV) entered into a contract to 
                                purchase;
                                    (V) was a contract grower; or
                                    (VI) sold or otherwise disposed of 
                                due to an eligible forage loss during--
                                            (aa) the current production 
                                        year; or
                                            (bb) subject to paragraph 
                                        (4)(B)(ii), 1 or both of the 2 
                                        production years immediately 
                                        preceding the current 
                                        production year.
                            (ii) Exclusion.--The term ``covered 
                        livestock'' does not include livestock that 
                        were or would have been in a feedlot, on the 
                        beginning date of the eligible forage loss, as 
                        a part of the normal business operation of the 
                        eligible livestock producer, as determined by 
                        the Secretary.
                    (B) Drought monitor.--The term ``drought monitor'' 
                means a system for classifying drought severity 
                according to a range of abnormally dry to exceptional 
                drought, as defined by the Secretary.
                    (C) Eligible forage loss.--The term ``eligible 
                forage loss'' means 1 or more forage losses that occur 
                due to weather-related conditions, including drought, 
                flood, blizzard, hail, excessive moisture, hurricane, 
                and fire, occurring during the normal grazing period, 
                as determined by the Secretary, if the forage--
                            (i) is grown on land that is native or 
                        improved pastureland with permanent vegetative 
                        cover; or
                            (ii) is a crop planted specifically for the 
                        purpose of providing grazing for covered 
                        livestock of an eligible livestock producer.
                    (D) Eligible livestock producer.--
                            (i) In general.--The term ``eligible 
                        livestock producer'' means an eligible producer 
                        on a farm that--
                                    (I) is an owner, cash or share 
                                lessee, or contract grower of covered 
                                livestock that provides the pastureland 
                                or grazing land, including cash-leased 
                                pastureland or grazing land, for the 
                                covered livestock;
                                    (II) provides the pastureland or 
                                grazing land for covered livestock, 
                                including cash-leased pastureland or 
                                grazing land that is physically located 
                                in a county affected by an eligible 
                                forage loss;
                                    (III) certifies the eligible forage 
                                loss; and
                                    (IV) meets all other eligibility 
                                requirements established under this 
                                subsection.
                            (ii) Exclusion.--The term ``eligible 
                        livestock producer'' does not include an owner, 
                        cash or share lessee, or contract grower of 
                        livestock that rents or leases pastureland or 
                        grazing land owned by another person on a rate-
                        of-gain basis.
                    (E) Normal carrying capacity.--The term ``normal 
                carrying capacity'', with respect to each type of 
                grazing land or pastureland in a county, means the 
                normal carrying capacity, as determined under paragraph 
                (4)(D)(i), that would be expected from the grazing land 
                or pastureland for livestock during the normal grazing 
                period, in the absence of an eligible forage loss that 
                diminishes the production of the grazing land or 
                pastureland.
                    (F) Normal grazing period.--The term ``normal 
                grazing period'', with respect to a county, means the 
                normal grazing period during the calendar year for the 
                county, as determined under paragraph (4)(D)(i).
            (3) Program.--For each of fiscal years 2012 and 2013, the 
        Secretary shall use such sums as are necessary of the funds of 
        the Commodity Credit Corporation to provide compensation under 
        paragraphs (4) through (6), as determined by the Secretary for 
        eligible forage losses affecting covered livestock of eligible 
        livestock producers.
            (4) Assistance for eligible forage losses due to drought 
        conditions.--
                    (A) Eligible forage losses.--
                            (i) In general.--An eligible livestock 
                        producer of covered livestock may receive 
                        assistance under this paragraph for eligible 
                        forage losses that occur due to drought on land 
                        that--
                                    (I) is native or improved 
                                pastureland with permanent vegetative 
                                cover; or
                                    (II) is planted to a crop planted 
                                specifically for the purpose of 
                                providing grazing for covered 
                                livestock.
                            (ii) Exclusions.--An eligible livestock 
                        producer may not receive assistance under this 
                        paragraph for eligible forage losses that occur 
                        on land used for haying or grazing under the 
                        conservation reserve program established under 
                        subchapter B of chapter 1 of subtitle D of 
                        title XII of the Food Security Act of 1985 (16 
                        U.S.C. 3831 et seq.), unless the land is 
                        grassland eligible for the grassland reserve 
                        program established under subchapter D of 
                        chapter 2 of subtitle D of title XII of the 
                        Food Security Act of 1985 (16 U.S.C. 3838n et 
                        seq.).
                    (B) Monthly payment rate.--
                            (i) In general.--Except as provided in 
                        clause (ii), the payment rate for assistance 
                        for 1 month under this paragraph shall, in the 
                        case of drought, be equal to 60 percent of the 
                        lesser of--
                                    (I) the monthly feed cost for all 
                                covered livestock owned or leased by 
                                the eligible livestock producer, as 
                                determined under subparagraph (C); or
                                    (II) the monthly feed cost 
                                calculated by using the normal carrying 
                                capacity of the eligible grazing land 
                                of the eligible livestock producer.
                            (ii) Partial compensation.--In the case of 
                        an eligible livestock producer that sold or 
                        otherwise disposed of covered livestock due to 
                        drought conditions in 1 or both of the 2 
                        production years immediately preceding the 
                        current production year, as determined by the 
                        Secretary, the payment rate shall be 80 percent 
                        of the payment rate otherwise calculated in 
                        accordance with clause (i).
                    (C) Monthly feed cost.--
                            (i) In general.--The monthly feed cost 
                        shall equal the product obtained by 
                        multiplying--
                                    (I) 30 days;
                                    (II) a payment quantity that is 
                                equal to the feed grain equivalent, as 
                                determined under clause (ii); and
                                    (III) a payment rate that is equal 
                                to the corn price per pound, as 
                                determined under clause (iii).
                            (ii) Feed grain equivalent.--For purposes 
                        of clause (i)(II), the feed grain equivalent 
                        shall equal--
                                    (I) in the case of an adult beef 
                                cow, 15.7 pounds of corn per day; or
                                    (II) in the case of any other type 
                                of weight of livestock, an amount 
                                determined by the Secretary that 
                                represents the average number of pounds 
                                of corn per day necessary to feed the 
                                livestock.
                            (iii) Corn price per pound.--For purposes 
                        of clause (i)(III), the corn price per pound 
                        shall equal the quotient obtained by dividing--
                                    (I) the higher of--
                                            (aa) the national average 
                                        corn price per bushel for the 
                                        12-month period immediately 
                                        preceding March 1 of the year 
                                        for which the disaster 
                                        assistance is calculated; or
                                            (bb) the national average 
                                        corn price per bushel for the 
                                        24-month period immediately 
                                        preceding that March 1; by
                                    (II) 56.
                    (D) Normal grazing period and drought monitor 
                intensity.--
                            (i) FSA county committee determinations.--
                                    (I) In general.--The Secretary 
                                shall determine the normal carrying 
                                capacity and normal grazing period for 
                                each type of grazing land or 
                                pastureland in the county served by the 
                                applicable Farm Service Agency 
                                committee.
                                    (II) Changes.--No change to the 
                                normal carrying capacity or normal 
                                grazing period established for a county 
                                under subclause (I) shall be made 
                                unless the change is requested by the 
                                appropriate State and county Farm 
                                Service Agency committees.
                            (ii) Drought intensity.--
                                    (I) D2.--An eligible livestock 
                                producer that owns or leases grazing 
                                land or pastureland that is physically 
                                located in a county that is rated by 
                                the U.S. Drought Monitor as having a D2 
                                (severe drought) intensity in any area 
                                of the county for at least 8 
                                consecutive weeks during the normal 
                                grazing period for the county, as 
                                determined by the Secretary, shall be 
                                eligible to receive assistance under 
                                this paragraph in an amount equal to 1 
                                monthly payment using the monthly 
                                payment rate determined under 
                                subparagraph (B).
                                    (II) D3.--An eligible livestock 
                                producer that owns or leases grazing 
                                land or pastureland that is physically 
                                located in a county that is rated by 
                                the U.S. Drought Monitor as having at 
                                least a D3 (extreme drought) intensity 
                                in any area of the county at any time 
                                during the normal grazing period for 
                                the county, as determined by the 
                                Secretary, shall be eligible to receive 
                                assistance under this paragraph--
                                            (aa) in an amount equal to 
                                        3 monthly payments using the 
                                        monthly payment rate determined 
                                        under subparagraph (B);
                                            (bb) if the county is rated 
                                        as having a D3 (extreme 
                                        drought) intensity in any area 
                                        of the county for at least 4 
                                        weeks during the normal grazing 
                                        period for the county, or is 
                                        rated as having a D4 
                                        (exceptional drought) intensity 
                                        in any area of the county at 
                                        any time during the normal 
                                        grazing period, in an amount 
                                        equal to 4 monthly payments 
                                        using the monthly payment rate 
                                        determined under subparagraph 
                                        (B); or
                                            (cc) if the county is rated 
                                        as having a D4 (exceptional 
                                        drought) intensity in any area 
                                        of the county for at least 4 
                                        weeks during the normal grazing 
                                        period, in an amount equal to 5 
                                        monthly payments using the 
                                        monthly rate determined under 
                                        subparagraph (B).
                            (iii) Annual payment based on drought 
                        conditions determined by means other than the 
                        u.s. drought monitor.--
                                    (I) In general.--An eligible 
                                livestock producer that owns grazing 
                                land or pastureland that is physically 
                                located in a county that has 
                                experienced on average, over the 
                                preceding calendar year, precipitation 
                                levels that are 50 percent or more 
                                below normal levels, according to 
                                sufficient documentation as determined 
                                by the Secretary, may be eligible, 
                                subject to a determination by the 
                                Secretary, to receive assistance under 
                                this paragraph in an amount equal to 
                                not more than 1 monthly payment using 
                                the monthly payment rate under 
                                subparagraph (B).
                                    (II) No duplicate payment.--A 
                                producer may not receive a payment 
                                under both clause (ii) and this clause.
            (5) Assistance for losses due to fire on public managed 
        land.--
                    (A) In general.--An eligible livestock producer may 
                receive assistance under this paragraph only if--
                            (i) the eligible forage losses occur on 
                        rangeland that is managed by a Federal agency; 
                        and
                            (ii) the eligible livestock producer is 
                        prohibited by the Federal agency from grazing 
                        the normal permitted livestock on the managed 
                        rangeland due to a fire.
                    (B) Payment rate.--The payment rate for assistance 
                under this paragraph shall be equal to 50 percent of 
                the monthly feed cost for the total number of livestock 
                covered by the Federal lease of the eligible livestock 
                producer, as determined under paragraph (4)(C).
                    (C) Payment duration.--
                            (i) In general.--Subject to clause (ii), an 
                        eligible livestock producer shall be eligible 
                        to receive assistance under this paragraph for 
                        the period--
                                    (I) beginning on the date on which 
                                the Federal agency excludes the 
                                eligible livestock producer from using 
                                the managed rangeland for grazing; and
                                    (II) ending on the last day of the 
                                Federal lease of the eligible livestock 
                                producer.
                            (ii) Limitation.--An eligible livestock 
                        producer may only receive assistance under this 
                        paragraph for losses that occur on not more 
                        than 180 days per year.
            (6) Assistance for eligible forage losses due to other than 
        drought or fire.--
                    (A) Eligible forage losses.--
                            (i) In general.--Subject to subparagraph 
                        (B), an eligible livestock producer of covered 
                        livestock may receive assistance under this 
                        paragraph for eligible forage losses that occur 
                        due to weather-related conditions other than 
                        drought or fire on land that--
                                    (I) is native or improved 
                                pastureland with permanent vegetative 
                                cover; or
                                    (II) is planted to a crop planted 
                                specifically for the purpose of 
                                providing grazing for covered 
                                livestock.
                            (ii) Exclusions.--An eligible livestock 
                        producer may not receive assistance under this 
                        paragraph for eligible forage losses that occur 
                        on land used for haying or grazing under the 
                        conservation reserve program established under 
                        subchapter B of chapter 1 of subtitle D of 
                        title XII of the Food Security Act of 1985 (16 
                        U.S.C. 3831 et seq.), unless the land is 
                        grassland eligible for the grassland reserve 
                        program established under subchapter D of 
                        chapter 2 of subtitle D of title XII of the 
                        Food Security Act of 1985 (16 U.S.C. 3838n et 
                        seq.).
                    (B) Payments for eligible forage losses.--
                            (i) In general.--The Secretary shall 
                        provide assistance under this paragraph to an 
                        eligible livestock producer for eligible forage 
                        losses that occur due to weather-related 
                        conditions other than--
                                    (I) drought under paragraph (4); 
                                and
                                    (II) fire on public managed land 
                                under paragraph (5).
                            (ii) Terms and conditions.--The Secretary 
                        shall establish terms and conditions for 
                        assistance under this paragraph that are 
                        consistent with the terms and conditions for 
                        assistance under this subsection.
            (7) No duplicative payments.--An eligible livestock 
        producer may elect to receive assistance for eligible forage 
        losses under either paragraph (4), (5), or (6), if applicable, 
        but may not receive assistance under more than 1 of those 
        paragraphs for the same loss, as determined by the Secretary.
            (8) Determinations by secretary.--A determination made by 
        the Secretary under this subsection shall be final and 
        conclusive.
    (d) Emergency Assistance for Livestock, Honey Bees, and Farm-Raised 
Fish.--
            (1) In general.--For each of fiscal years 2012 and 2013, 
        the Secretary shall use not more than $5,000,000 of the funds 
        of the Commodity Credit Corporation to provide emergency relief 
        to eligible producers of livestock, honey bees, and farm-raised 
        fish to aid in the reduction of losses due to disease, adverse 
        weather, or other conditions, such as blizzards and wildfires, 
        as determined by the Secretary, that are not covered under 
        subsection (b) or (c).
            (2) Use of funds.--Funds made available under this 
        subsection shall be used to reduce losses caused by feed or 
        water shortages, disease, or other factors as determined by the 
        Secretary.
            (3) Availability of funds.--Any funds made available under 
        this subsection shall remain available until expended.
    (e) Tree Assistance Program.--
            (1) Definitions.--In this subsection:
                    (A) Eligible orchardist.--The term ``eligible 
                orchardist'' means a person that produces annual crops 
                from trees for commercial purposes.
                    (B) Natural disaster.--The term ``natural 
                disaster'' means plant disease, insect infestation, 
                drought, fire, freeze, flood, earthquake, lightning, or 
                other occurrence, as determined by the Secretary.
                    (C) Nursery tree grower.--The term ``nursery tree 
                grower'' means a person who produces nursery, 
                ornamental, fruit, nut, or Christmas trees for 
                commercial sale, as determined by the Secretary.
                    (D) Tree.--The term ``tree'' includes a tree, bush, 
                and vine.
            (2) Eligibility.--
                    (A) Loss.--Subject to subparagraph (B), for each of 
                fiscal years 2012 and 2013, the Secretary shall use 
                such sums as are necessary of the funds of the 
                Commodity Credit Corporation to provide assistance--
                            (i) under paragraph (3) to eligible 
                        orchardists and nursery tree growers that 
                        planted trees for commercial purposes but lost 
                        the trees as a result of a natural disaster, as 
                        determined by the Secretary; and
                            (ii) under paragraph (3)(B) to eligible 
                        orchardists and nursery tree growers that have 
                        a production history for commercial purposes on 
                        planted or existing trees but lost the trees as 
                        a result of a natural disaster, as determined 
                        by the Secretary.
                    (B) Limitation.--An eligible orchardist or nursery 
                tree grower shall qualify for assistance under 
                subparagraph (A) only if the tree mortality of the 
                eligible orchardist or nursery tree grower, as a result 
                of damaging weather or related condition, exceeds 15 
                percent (adjusted for normal mortality).
            (3) Assistance.--Subject to paragraph (4), the assistance 
        provided by the Secretary to eligible orchardists and nursery 
        tree growers for losses described in paragraph (2) shall 
        consist of--
                    (A)(i) reimbursement of 65 percent of the cost of 
                replanting trees lost due to a natural disaster, as 
                determined by the Secretary, in excess of 15 percent 
                mortality (adjusted for normal mortality); or
                    (ii) at the option of the Secretary, sufficient 
                seedlings to reestablish a stand; and
                    (B) reimbursement of 50 percent of the cost of 
                pruning, removal, and other costs incurred by an 
                eligible orchardist or nursery tree grower to salvage 
                existing trees or, in the case of tree mortality, to 
                prepare the land to replant trees as a result of damage 
                or tree mortality due to a natural disaster, as 
                determined by the Secretary, in excess of 15 percent 
                damage or mortality (adjusted for normal tree damage 
                and mortality).
            (4) Limitations on assistance.--
                    (A) Definitions of legal entity and person.--In 
                this paragraph, the terms ``legal entity'' and 
                ``person'' have the meaning given those terms in 
                section 1001(a) of the Food Security Act of 1985 (7 
                U.S.C. 1308(a)).
                    (B) Amount.--The total amount of payments received, 
                directly or indirectly, by a person or legal entity 
                (excluding a joint venture or general partnership) 
                under this subsection may not exceed $100,000 for any 
                crop year, or an equivalent value in tree seedlings.
                    (C) Acres.--The total quantity of acres planted to 
                trees or tree seedlings for which a person or legal 
                entity shall be entitled to receive payments under this 
                subsection may not exceed 500 acres.
    (f) Payments.--
            (1) Payment limitations.--
                    (A) Definitions of legal entity and person.--In 
                this subsection, the terms ``legal entity'' and 
                ``person'' have the meanings given those terms in 
                section 1001(a) of the Food Security Act of 1985 (7 
                U.S.C. 1308(a)).
                    (B) Amount.--The total amount of disaster 
                assistance payments received, directly or indirectly, 
                by a person or legal entity (excluding a joint venture 
                or general partnership) under this section (excluding 
                payments received under subsection (e)) may not exceed 
                $100,000 for any crop year.
                    (C) Direct attribution.--Subsections (d) and (e) of 
                section 1001 of the Food Security Act of 1985 (7 U.S.C. 
                1308) or any successor provisions relating to direct 
                attribution shall apply with respect to assistance 
                provided under this section.
            (2) Payment delivery.--The Secretary shall make payments 
        under this section after October 1, 2013, for losses incurred 
        in the 2012 and 2013 fiscal years.

SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM.

    (a) In General.--Section 196 of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 7333) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Coverages.--In the case of an eligible crop 
                described in paragraph (2), the Secretary of 
                Agriculture shall operate a noninsured crop disaster 
                assistance program to provide coverages based on 
                individual yields (other than for value-loss crops) 
                equivalent to--
                            ``(i) catastrophic risk protection 
                        available under section 508(b) of the Federal 
                        Crop Insurance Act (7 U.S.C. 1508(b)); or
                            ``(ii) additional coverage available under 
                        subsections (c) and (h) of section 508 of that 
                        Act (7 U.S.C. 1508) that does not exceed 65 
                        percent.
                    ``(B) Administration.--The Secretary shall carry 
                out this section through the Farm Service Agency 
                (referred to in this section as the `Agency').''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by striking 
                                ``and'' after the semicolon at the end;
                                    (II) by redesignating clause (ii) 
                                as clause (iii); and
                                    (III) by inserting after clause (i) 
                                the following:
                            ``(ii) for which additional coverage under 
                        subsections (c) and (h) of section 508 of that 
                        Act (7 U.S.C. 1508) is not available; and''; 
                        and
                            (ii) in subparagraph (B), by striking 
                        ``(including ornamental fish)'' and inserting 
                        ``(including ornamental fish, but excluding 
                        tropical fish)'';
            (2) in subsection (d), by striking ``The Secretary'' and 
        inserting ``Subject to subsection (l), the Secretary'';
            (3) in subsection (k)(1)--
                    (A) in subparagraph (A), by striking ``$250'' and 
                inserting ``$260''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``$750'' and inserting 
                        ``$780''; and
                            (ii) by striking ``$1,875'' and inserting 
                        ``$1,950''; and
            (4) by adding at the end the following:
    ``(l) Payment Equivalent to Additional Coverage.--
            ``(1) In general.--The Secretary shall make available to a 
        producer eligible for noninsured assistance under this section 
        a payment equivalent to an indemnity for additional coverage 
        under subsections (c) and (h) of section 508 of the Federal 
        Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 
        percent, computed by multiplying--
                    ``(A) the quantity that is less than 50 to 65 
                percent of the established yield for the crop, as 
                determined by the Secretary, specified in increments of 
                5 percent;
                    ``(B) 100 percent of the average market price for 
                the crop, as determined by the Secretary; and
                    ``(C) a payment rate for the type of crop, as 
                determined by the Secretary, that reflects--
                            ``(i) in the case of a crop that is 
                        produced with a significant and variable 
                        harvesting expense, the decreasing cost 
                        incurred in the production cycle for the crop 
                        that is, as applicable--
                                    ``(I) harvested;
                                    ``(II) planted but not harvested; 
                                or
                                    ``(III) prevented from being 
                                planted because of drought, flood, or 
                                other natural disaster, as determined 
                                by the Secretary; or
                            ``(ii) in the case of a crop that is 
                        produced without a significant and variable 
                        harvesting expense, such rate as shall be 
                        determined by the Secretary.
            ``(2) Premium.--To be eligible to receive a payment under 
        this subsection, a producer shall pay--
                    ``(A) the service fee required by subsection (k); 
                and
                    ``(B) a premium for the applicable crop year that 
                is equal to--
                            ``(i) the product obtained by multiplying--
                                    ``(I) the number of acres devoted 
                                to the eligible crop;
                                    ``(II) the yield, as determined by 
                                the Secretary under subsection (e);
                                    ``(III) the coverage level elected 
                                by the producer;
                                    ``(IV) the average market price, as 
                                determined by the Secretary; and
                            ``(ii) 5.25-percent premium fee.
            ``(3) Limited resource, beginning, and socially 
        disadvantaged farmers.--The additional coverage made available 
        under this subsection shall be available to limited resource, 
        beginning, and socially disadvantaged producers, as determined 
        by the Secretary, in exchange for a premium that is 50 percent 
        of the premium determined for a producer under paragraph (2).
            ``(4) Additional availability.--
                    ``(A) In general.--As soon as practicable, the 
                Secretary shall make assistance available to producers 
                of an otherwise eligible crop described in subsection 
                (a)(2) that suffered losses--
                            ``(i) to a 2012 annual fruit crop grown on 
                        a bush or tree; and
                            ``(ii) in a county covered by a declaration 
                        by the Secretary of a natural disaster for 
                        production losses due to a freeze or frost.
                    ``(B) Assistance.--The Secretary shall make 
                assistance available under subparagraph (A) in an 
                amount equivalent to assistance available under 
                paragraph (1), less any fees not previously paid under 
                paragraph (2).''.
    (b) Termination of Amendments.--
            (1) In general.--Effective October 1, 2017, the amendments 
        made by subsection (a) (other than the amendment made by 
        subsection (a)(1)(B)(ii)) are repealed.
            (2) Administration.--Effective October 1, 2017, section 196 
        of the Federal Agriculture Improvement and Reform Act of 1996 
        (7 U.S.C. 7333) shall be applied and administered as if the 
        amendments made by subsection (a) (other than the amendment 
        made by subsection (a)(1)(B)(ii)) had not been enacted.
                                 <all>