[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[House]
[Pages H10623-H10625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




AMENDING THE COMMODITY PROVISIONS OF THE FOOD, CONSERVATION, AND ENERGY 
                              ACT OF 2008

  Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (H.R. 6849) 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, with a Senate 
amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.

       (a) Suspension of Prohibition.--
       (1) In general.--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 prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (2) Peanuts.--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 prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (b) Extension of 2008 Signup for Direct Payments and 
     Counter-Cyclical Payments.--
       (1) In general.--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) Extension of 2008 Signup.--
       ``(1) In general.--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) Penalties.--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) Peanuts.--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) Extension of 2008 Signup.--
       ``(1) In general.--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) Penalties.--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) Offsetting Reduction.--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''.

     SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM.

       (a) Federal Crop Insurance Act.--
       (1) Definitions.--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 farm.--The 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 significance.--The 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 farm.--The 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 payments.--Section 
     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) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--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 crops.--In 
     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'';

[[Page H10624]]

       (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) Production on the farm.--
       ``(A) Normal production on the farm.--The 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 farm.--The 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 rancher.--Section 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) Tree assistance program.--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 
     requirement.--Section 531(g) of the Federal Crop Insurance 
     Act (7 U.S.C. 1531(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--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) Treatment of acreage.--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 year.--Section 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) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--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) Payment limitations.--Section 531(h) of the Federal 
     Crop Insurance Act (7 U.S.C. 1531) is amended by adding at 
     the end the following:
       ``(5) Transition rule.--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) Trade Act of 1974.--
       (1) Definitions.--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 farm.--The 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 significance.--The 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 farm.--The 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 payments.--Section 
     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) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--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 crops.--In 
     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) Production on the farm.--
       ``(A) Normal production on the farm.--The 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 farm.--The 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

[[Page H10625]]

       ``(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 rancher.--Section 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) Tree assistance program.--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 
     requirement.--Section 901(g) of the Trade Act of 1974 (19 
     U.S.C. 2497(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--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) Treatment of acreage.--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 year.--Section 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) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--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) Payment limitations.--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) Transition rule.--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.''.

  Mr. ETHERIDGE (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from North Carolina?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________