[Congressional Record (Bound Edition), Volume 145 (1999), Part 9]
[Extensions of Remarks]
[Page 13227]
[From the U.S. Government Publishing Office, www.gpo.gov]



            APPLE AND ONION DISASTER LEGISLATION, H.R. 2237

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Wednesday, June 16, 1999

  Mr. GILMAN. Mr. Speaker, the plight of the apple and onion farmers of 
New York State remains a major concern for many of us in Congress who 
represent New York State. Following the severe, inclement weather that 
devastated crops in various Counties throughout our state last year, 
our farmers found themselves hampered by an ineffective federal crop 
insurance policy and a bureaucracy that showed very little compassion.
  Hardest hit by last year's storm were New York State's apple and 
onion farmers. Our onion producers in Pine Island, NY in particular, 
faced catastrophic losses due to a hail storm that passed through the 
region on May 31st of last year. That storm left many of our farmers 
with no considerable yields, forcing many to zero out their crops, 
leaving them without a marketable product.
  Faced with last year's losses and still recovering from losses 
incurred in 1996, our farmers looked to their crop insurance for 
assistance. What they found instead was an inadequate program that did 
nothing to assuage the burden that their losses placed upon them.
  Regrettably, the Department of Agriculture's response to our farmers 
plight has been a case of too little, too late. Following last year's 
hail storm, Congress passed the Omnibus Appropriations Act of 1998, 
which approved $5.9 billion dollars in disaster assistance for affected 
farmers nationwide. While payments were made directly and immediately 
to hog, wheat, cotton and dairy farmers, action to ease our apple and 
onion farmers plight was much too slow in coming. A sign-up period was 
enacted by the Secretary for affected apple and onion farmers which was 
initially to last from February 1, 1999 to May 11, 1999.
  The sign-up period proved to be a disaster within itself. Met with 
poor training, inadequate staffing and numerous delays, our farmers did 
not see one penny of the disaster assistance until just last week, one 
year later and months into this year's planting season.
  This legislation, H.R. 2237 co-sponsored by Congressman Walsh, 
provides that the Secretary of Agriculture authorize $40 billion for 
additional disaster assistance to affected apple and onion farmers in 
New York State, so that they may fully recover from the damage and 
losses that they have incurred over the past three years. We look 
forward to working with the Secretary of Agriculture in the coming 
months to work towards the implementation of these funds, as well as a 
thorough revision of the federal crop insurance program, so that we may 
ensure that the future of our nation's farmers remain prosperous.

                               H.R. 2237

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

     SECTION 1. EMERGENCY CROP LOSS ASSISTANCE FOR NEW YORK APPLE 
                   PRODUCERS.

       (a) Assistance Authorized.--In addition to other 
     authorities available to the Secretary of Agriculture to 
     provide assistance to apple producers who incur crop losses, 
     the Secretary may provide assistance under this section to 
     apple producers in the State of New York who incurred losses 
     in 1998 to apple crops due to damaging weather or related 
     conditions.
       (b) Special Rules.--In providing assistance to apple 
     producers under this section, the Secretary shall calculate 
     the amount of a apple producer's payment in a manner that--
       (1) does not discount excess juice production;
       (2) allows producers in 1998 to use their historical 
     production as a yield basis;
       (3) ensures that losses in each marketing category 
     (primary, secondary, and tertiary) are only added together, 
     and not subtracted as currently proposed by the Department of 
     Agriculture; and
       (4) uses the 5-year average market price for apples in New 
     York as established by the National Agriculture Statistics 
     Service.
       (c) Maximum Payment Limitation.--In providing assistance to 
     apple producers under this section, the maximum payment 
     limitation per farm shall be equal to the higher of--
       (1) $80,000; or
       (2) the product of $1,350 and the total farm orchard 
     acreage.
       (d) Implementation.--The Secretary shall issue guidelines 
     for the provision of assistance under this section, which 
     shall be available to affected apple producers not later than 
     30 days after the date of the enactment of this Act. Subject 
     to the availability of funds for this purpose, the Secretary 
     shall make payments available under this section in an 
     expeditious time frame in order to alleviate the severe 
     financial strain of New York State apple producers.

     SEC. 2. EMERGENCY CROP LOSS ASSISTANCE FOR NEW YORK ONION 
                   PRODUCERS.

       (a) Assistance Authorized.--In addition to other 
     authorities available to the Secretary of Agriculture to 
     provide assistance to onion producers who incur crop losses, 
     the Secretary may provide assistance under this section to 
     onion producers in the State of New York who incurred losses 
     in 1998 to onion crops due to damaging weather or related 
     conditions.
       (b) Eligibility Requirements.--To be eligible for 
     assistance under this section, the Secretary must conclude 
     that, because of damaging weather or related condition in 
     1998, the total quantity of the 1998 onion crop that a New 
     York onion producer was able to harvest was less than 65 
     percent of the producer's historical yield. The Secretary may 
     accept information provided by insurance adjustors or the 
     Cooperative Extension Service to verify a producer's loss in 
     yield.
       (c) Calculation of Payment.--
       (1) Payment formula.--In providing assistance to an 
     eligible onion producer under this section, the per acre 
     amount of the producer's payment shall be equal to the 
     product of--
       (A) .65;
       (B) the applicable annual percentage history; and
       (C) payment rate.
       (2) Annual percentage history.--For purposes of paragraph 
     (1)(B), a producer may select as the producer's annual 
     percentage history either the producer's own historical yield 
     before 1996, per hundredweight, or the New York State average 
     of 298 cwt.
       (3) Payment rate.--For purposes of paragraph (1)(C), the 
     Secretary shall use the 5-year average market price for 
     yellow onions of $15.00 cwt.
       (d) Implementation.--The Secretary shall issue guidelines 
     for the provisions of assistance under this section, which 
     shall be available to affected onion producers not later than 
     30 days after the date of the enactment of this Act. Subject 
     to the availability of funds for this purpose, the Secretary 
     shall make payments available under this section in an 
     expeditious time frame in order to alleviate the severe 
     financial strain of New York State onion producers.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $40,000,000 to carry 
     out this Act.

     

                          ____________________