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Text of the Agricultural Disaster Assistance Act

This bill was introduced on July 14, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 14, 1993 (Introduced).

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HR 2631 IH

103d CONGRESS

1st Session

H. R. 2631

To provide direct, permanent disaster assistance for crop losses for the 1993 and subsequent crop years, without the proration of benefits.

IN THE HOUSE OF REPRESENTATIVES

July 14, 1993

Mr. BARLOW introduced the following bill; which was referred to the Committee on Agriculture


A BILL

To provide direct, permanent disaster assistance for crop losses for the 1993 and subsequent crop years, without the proration of benefits.

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

SECTION 1. EXTENSION OF EMERGENCY CROP LOSS ASSISTANCE.

    (a) EXTENSION OF ASSISTANCE- Chapter 3 of subtitle B of title XXII of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 1421 note; 104 Stat. 3962) is amended to read as follows:

‘CHAPTER 3--EMERGENCY CROP LOSS ASSISTANCE

‘SEC. 2240. SHORT TITLE.

    ‘This chapter may be cited as the ‘Agricultural Disaster Assistance Act’.

‘Subchapter A--Annual Crops

‘SEC. 2241. PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES.

    ‘(a) DISASTER PAYMENTS-

      ‘(1) PAYMENT ACRES- Effective only for a crop year for which the producers on a farm elect to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice for such crop year, except as otherwise provided in this subsection, if the Secretary of Agriculture determines that, because of damaging weather or related condition, the total quantity of such crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for such crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of a natural disaster, as determined by the Secretary) within the payment acres for such crop, the Secretary shall make a disaster payment available to such producers at a rate equal to 65 percent of the established price for the crop for any deficiency in production greater than 40 percent (or, in the case of producers who obtained crop insurance for such crop of the commodity under the Federal Crop Insurance Act, 35 percent) for such crop.

      ‘(2) FLEXIBLE ACRES- Payments shall be made available for a crop of a commodity planted for harvest in accordance with section 504 of the Agricultural Act of 1949 (7 U.S.C. 1464), and for which prevented planting credit was provided for such crop, on the same terms and conditions as provided for such commodity under section 2242, 2243, or 2244, as applicable. Such payments shall be based on the reduction in the quantity of the crop of the commodity that producers are able to harvest on such acres.

      ‘(3) LIMITATIONS-

        ‘(A) ACREAGE IN EXCESS OF PAYMENT ACREAGE- Payments provided under paragraph (1) for a crop of a commodity may not be made available to producers on a farm with respect to any acreage in excess of the payment acreage for the farm for the commodity.

        ‘(B) CROP INSURANCE- Payments provided under paragraph (1) for a crop of a commodity may not be made available to producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.

      ‘(4) REDUCTION IN DEFICIENCY PAYMENTS- The total quantity of a crop of a commodity on which deficiency payments otherwise would be payable to producers on a farm under the Agricultural Act of 1949 shall be reduced by the quantity on which a payment is made to the producers for the crop under paragraph (1).

      ‘(5) ELECTION OF PAYMENTS-

        ‘(A) APPLICATION OF PARAGRAPH- This paragraph shall apply for a crop year, effective only for the crops of wheat, feed grains, upland cotton, extra long staple cotton, and rice, to producers on a farm who--

          ‘(i) had failed wheat, feed grain, upland cotton, extra long staple cotton, or rice acreage during such crop year; or

          ‘(ii) were prevented from planting acreage to such commodity because of damaging weather or related condition.

        ‘(B) ELECTION- The Secretary of Agriculture shall (within 30 days after the date on which assistance is made available under this subchapter for a crop year) permit producers referred to in subparagraph (A) to elect whether to receive disaster payments for such crop for such crop year in accordance with this section in lieu of payments received for such crop under section 101B(c)(1)(D), 103B(c)(1)(D), 105B(c)(1)(E), or 107B(c)(1)(E) of the Agricultural Act of 1949.

      ‘(6) SPRING WHEAT AS REPLACEMENT CROP FOR WINTER WHEAT- In providing assistance under this section or section 2242 for a crop of winter wheat, the Secretary shall disregard spring wheat that is planted as a replacement crop for such winter wheat.

    ‘(b) ADVANCE DEFICIENCY PAYMENTS-

      ‘(1) APPLICATION OF SUBSECTION- This subsection shall apply only for a crop year for which the producers on a farm elect to participate in the production adjustment program established under the Agricultural Act of 1949 for the crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice for such crop year.

      ‘(2) FORGIVENESS OF REFUND REQUIREMENT-

        ‘(A) IN GENERAL- Subject to subparagraph (B), if because of damaging weather or related condition the total quantity of such crop of the commodity that the producers are able to harvest on the farm is less than the result of multiplying the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of a natural disaster, as determined by the Secretary) for such crop (hereinafter in this section referred to as the ‘qualifying amount’), the producers shall not be required to refund any advance deficiency payment made to the producers for such crop under section 114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) with respect to that portion of the deficiency in production that does not exceed--

          ‘(i) in the case of producers who obtained crop insurance for such crop of the commodity under the Federal Crop Insurance Act, 35 percent of the qualifying amount; and

          ‘(ii) in the case of other producers, 40 percent of the qualifying amount.

        ‘(B) CROP INSURANCE- Producers on a farm shall not be eligible for the forgiveness provided for under subparagraph (A), unless such producers enter into an agreement to obtain multiperil crop insurance to the extent required under section 2247.

      ‘(3) ELECTION FOR NONRECIPIENTS- The Secretary shall allow producers on a farm who, before the date on which assistance is made available under this subchapter for a crop year, elect not to receive advance deficiency payments made available for the crop for such crop year under section 114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) to elect (within 30 days after such date) whether to receive such advance deficiency payments.

      ‘(4) DATE OF REFUND FOR PAYMENTS- If the Secretary determines that any portion of the advance deficiency payment made to producers for a crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice under section 114 of the Agricultural Act of 1949 (7 U.S.C. 1445j) must be refunded, such refund shall not be required prior to July 31 of the year following such determination for that portion of the crop for which a disaster payment is made under subsection (a).

‘SEC. 2242. PAYMENTS TO PROGRAM NONPARTICIPANTS FOR TARGET PRICE COMMODITIES AND PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES ON FLEXIBLE ACRES.

    ‘(a) DISASTER PAYMENTS-

      ‘(1) IN GENERAL- Effective only for a crop year for which the producers on a farm elect not to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice for such crop year (and for such crop on flexible acres as provided under section 2241(a)(2)), if the Secretary of Agriculture determines that, because of damaging weather or related condition, the total quantity of such crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 60 percent (or in the case of producers who obtained crop insurance for such crop, 65 percent) of the county average yield established by the Secretary for such crop by the sum of acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers.

      ‘(2) PAYMENT RATE- The payment shall be made to the producers at a rate equal to 65 percent of the basic county loan rate (or a comparable price if there is no current basic county loan rate) for the crop, as determined by the Secretary, for any deficiency in production greater than 40 percent for the crop (or in the case of producers who obtained crop insurance, 35 percent).

    ‘(b) PREVENTED PLANTING CREDIT-

      ‘(1) IN GENERAL- The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage for a crop year that producers on a farm were prevented from planting to such crop of the commodity for harvest because of damaging weather or related condition, as determined by the Secretary.

      ‘(2) MAXIMUM ACREAGE- Such acreage may not exceed the greater of--

        ‘(A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the immediately preceding crop year minus acreage actually planted to the commodity for harvest in the crop year involved;

        ‘(B) a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the three immediately preceding crop years minus acreage actually planted to the commodity for harvest in the crop year involved; or

        ‘(C) with respect to flexible acres as provided under section 2241(a)(2) for which no such planting history is established, a quantity of acreage determined to be fair and reasonable by the Secretary.

      ‘(3) ADJUSTMENTS- The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers.

    ‘(c) LIMITATIONS-

      ‘(1) ACREAGE LIMITATION PROGRAM- The amount of payments made available to producers on a farm who elect not to participate in the production adjustment program for a crop of a commodity under subsection (a) shall be reduced by a factor equivalent to the acreage limitation program percentage established for such crop under the Agricultural Act of 1949.

      ‘(2) CROP INSURANCE- Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance to the extent required under section 2247.

‘SEC. 2243. PEANUTS, SUGAR, AND TOBACCO.

    ‘(a) DISASTER PAYMENTS-

      ‘(1) IN GENERAL- Effective for a crop year only for crops of peanuts, sugar beets, sugarcane, and tobacco in such crop year, if the Secretary of Agriculture determines that, because of damaging weather or related condition, the total quantity of such crop of the commodity that the producers on a farm are able to harvest is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for such crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the county average yield (or program yield, in the case of peanuts) established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers.

      ‘(2) PAYMENT RATE- The payment shall be made to the producers at a rate equal to 65 percent of the applicable payment level under paragraph (3), as determined by the Secretary, for any deficiency in production greater than--

        ‘(A) in the case of producers who obtained crop insurance for the crop of the commodity for such crop year under the Federal Crop Insurance Act--

          ‘(i) 35 percent for the crop; or

          ‘(ii) with respect to a crop of burley tobacco or flue-cured tobacco, 35 percent of the farm’s effective marketing quota for such crop for such crop year; and

        ‘(B) in the case of producers who did not obtain crop insurance for the crop of the commodity for such crop year under the Federal Crop Insurance Act--

          ‘(i) 40 percent for the crop; or

          ‘(ii) with respect to a crop of burley tobacco or flue-cured tobacco, 40 percent of the farm’s effective marketing quota for such crop for such crop year.

      ‘(3) PAYMENT LEVEL- For purposes of paragraph (1), the payment level for a commodity shall be equal to--

        ‘(A) for peanuts, the price support level for quota peanuts or the price support level for additional peanuts, as applicable;

        ‘(B) for tobacco, the national average loan rate for the type of tobacco involved, or (if there is none) the market price, as determined under section 2244(a)(2); and

        ‘(C) for sugar beets and sugarcane, a level determined by the Secretary to be fair and reasonable in relation to the level of price support established for crops of sugar beets and sugarcane for the crop year involved, and that, insofar as is practicable, shall reflect no less return to the producer than under the price support levels in effect for such crop year.

    ‘(b) PREVENTED PLANTING CREDIT-

      ‘(1) IN GENERAL- The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage for a crop year that producers on a farm were prevented from planting to such crop of the commodity for harvest because of damaging weather or related condition, as determined by the Secretary.

      ‘(2) MAXIMUM ACREAGE- Such acreage may not exceed the greater of--

        ‘(A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the immediately preceding crop year minus acreage actually planted for harvest in the crop year involved;

        ‘(B) a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the three immediately preceding crop years minus acreage actually planted to the commodity for harvest in the crop year involved; or

        ‘(C) with respect to flexible acres as provided under section 2241(a)(2) for which no such planting history is established, a quantity of acreage determined to be fair and reasonable by the Secretary.

      ‘(3) ADJUSTMENTS- The Secretary shall make appropriate adjustments in applying for a crop year the limitations contained in paragraph (2) to take into account crop rotation practices of the producers and any change in quotas for crops of tobacco for such crop year.

    ‘(c) LIMITATION- Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance to the extent required under section 2247.

    ‘(d) SPECIAL RULES FOR PEANUTS- Notwithstanding any other provision of law--

      ‘(1) a deficiency in production of quota peanuts from a farm, as otherwise determined under this section, shall be reduced by the quantity of peanut poundage quota that was the basis of such anticipated production that has been transferred from the farm;

      ‘(2) payments made under this section shall be made taking into account whether the deficiency for which the deficiency in production is claimed was a deficiency in production of quota or additional peanuts and the payment rate shall be established accordingly; and

      ‘(3) the quantity of undermarketings of quota peanuts from a farm for a crop that may otherwise be claimed under section 358-1 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such peanuts for which payment has been received under this section.

    ‘(e) SPECIAL RULES FOR TOBACCO- Notwithstanding any other provision of law--

      ‘(1) the quantity of undermarketings of quota tobacco from a farm for a crop that may otherwise be claimed under section 317 or 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c or 1314e) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such tobacco for which payment has been received under this section; and

      ‘(2) disaster payments made to producers under this section may not be considered by the Secretary in determining the net losses of the Commodity Credit Corporation under section 106A(d) of the Agricultural Act of 1949 (7 U.S.C. 1445-1(d)).

    ‘(f) SPECIAL RULE FOR SUGARCANE- For purposes of determining the total quantity of a crop of sugarcane that the producers on a farm are able to harvest, the Secretary shall make the determination based on the quantity of recoverable sugar.

‘SEC. 2244. OILSEEDS AND NONPROGRAM CROPS.

    ‘(a) DISASTER PAYMENTS-

      ‘(1) IN GENERAL-

        ‘(A) ELIGIBILITY- Effective for a crop year only for the crops of oilseeds (as defined in section 205(a) of the Agricultural Act of 1949 (7 U.S.C. 1446f(a)) and nonprogram crops, the Secretary shall make a disaster payment under this section available to the producers on a farm if the Secretary of Agriculture determines that, because of damaging weather or related condition, the total quantity of such crop of the commodity that the producers are able to harvest is less than--

          ‘(i) with respect to oilseeds, the result of multiplying 60 percent (or in the case of producers who obtained crop insurance, if available, for such crop year for the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the State, area, or county yield, adjusted for adverse weather conditions during the three immediately preceding crop years, as determined by the Secretary, for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planting credit is approved by the Secretary for such crop under subsection (b);

          ‘(ii) with respect to nonprogram crops (other than as provided in clauses (i), (iii), (iv)), the result of multiplying 60 percent (or in the case of producers who obtained crop insurance, if available, for such crop year for the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the yield established by the Commodity Credit Corporation under subsection (d)(2) for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planting credit is approved by the Secretary for such crop under subsection (b);

          ‘(iii) with respect to crops covered in section 207 of the Agricultural Act of 1949 (7 U.S.C. 1446h), 60 percent (or in the case of producers who obtained crop insurance, if available, for such crop year for the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the historical annual yield of the producers for such crops, as determined by the Secretary; and

          ‘(iv) with respect to fish or seafood, 60 percent of the historical annual yield of the producers of such crops, as determined by the Secretary.

        ‘(B) PAYMENT RATE- The payment shall be made to such producers at a rate equal to 65 percent of the applicable payment level under paragraph (2), as determined by the Secretary, for any deficiency in production greater than 40 percent for oilseeds and other nonprogram crops for the crop, except that in the case of producers who obtained crop insurance, if available, for such crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 35 percent.

        ‘(C) LIMITATION ON ASSISTANCE FOR AQUACULTURE- The total amount of payments made available to all producers under subparagraph (A)(iv) shall not exceed $30,000,000 in any year.

      ‘(2) PAYMENT LEVEL- For purposes of paragraph (1), the payment level for a commodity shall equal the simple average price received by producers of the commodity, as determined by the Secretary subject to paragraph (3), during the marketing years for the immediately preceding 5 crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.

      ‘(3) CALCULATION OF PAYMENTS FOR DIFFERENT VARIETIES-

        ‘(A) CROP-BY-CROP BASIS- The Secretary shall make disaster payments under this subsection on a crop-by-crop basis, with consideration given to markets and uses of the crops, under regulations issued by the Secretary.

        ‘(B) DIFFERENT VARIETIES- For purposes of determining the payment levels on a crop-by-crop basis, the Secretary shall consider as separate crops, and develop separate payment levels insofar as is practicable for, different varieties of the same commodity, and commodities for which there is a significant difference in the economic value in the market.

        ‘(C) DOUBLE CROPPING-

          ‘(i) TREATED SEPARATELY- In the case of a crop that is historically double cropped (including two crops of the same commodity) by the producers on a farm, the Secretary shall treat each cropping separately for purposes of determining whether the crop was affected by damaging weather or related condition and the total quantity of the crop that the producers are able to harvest.

          ‘(ii) APPLICATION OF SUBPARAGRAPH- This subparagraph shall not apply in the case of a replacement crop.

        ‘(D) NAVEL AND VALENCIA ORANGES TREATED AS SEPARATE CROPS- For the purpose of programs administered under this chapter and the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.), navel oranges and valencia oranges shall be considered separate crops.

      ‘(4) EXCLUSIONS FROM HARVESTED QUANTITIES- For purposes of determining the total quantity of a nonprogram crop of the commodity that the producers on a farm are able to harvest under paragraph (1), the Secretary shall exclude--

        ‘(A) commodities that cannot be sold in normal commercial channels of trade; and

        ‘(B) dockage, including husks and shells, if such dockage is excluded in determining yields under subsection (d)(2).

    ‘(b) PREVENTED PLANTING CREDIT-

      ‘(1) IN GENERAL- The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage for a crop year that producers on a farm were prevented from planting to the crop of the commodity for harvest because of damaging weather or related condition, as determined by the Secretary.

      ‘(2) MAXIMUM ACREAGE- Such acreage may not exceed the greater of--

        ‘(A) a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the immediately preceding crop year minus acreage actually planted for harvest in the crop year involved;

        ‘(B) a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in the three immediately preceding crop years minus acreage actually planted to the commodity for harvest in the crop year involved; or

        ‘(C) with respect to flexible acres as provided under section 2241(a)(2) for which no such planting history is established, a quantity of acreage determined to be fair and reasonable by the Secretary.

      ‘(3) ADJUSTMENTS- The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers.

    ‘(c) LIMITATION- Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance to the extent required under section 2247.

    ‘(d) SPECIAL RULES FOR NONPROGRAM CROPS-

      ‘(1) NONPROGRAM CROP DEFINED-

        ‘(A) INCLUDED IN DEFINITION- Except as provided in subparagraph (B), for purposes of this section, the term ‘nonprogram crop’ means--

          ‘(i) all crops for which crop insurance through the Federal Crop Insurance Corporation was available for a crop year; and

          ‘(ii) other commercial crops for which such insurance was not available for such crop year, including but not limited to--

            ‘(I) ornamentals, such as flowering shrubs, flowering trees, field or container grown roses, or turf;

            ‘(II) sweet potatoes; and

            ‘(III) fish or seafood produced in established freshwater commercial aquaculture operations.

        ‘(B) EXCEPTION- The term ‘nonprogram crop’ in subparagraph (A) shall not include a crop covered under section 2241, 2242, or 2243, or oilseeds.’.

      ‘(2) FARM YIELDS-

        ‘(A) ESTABLISHMENT- The Commodity Credit Corporation shall establish disaster program farm yields for nonprogram crops to carry out this section.

        ‘(B) PROVEN YIELDS AVAILABLE- If the producers on a farm can provide satisfactory evidence to the Commodity Credit Corporation of actual crop yields on the farm for at least one of the immediately preceding three crop years, the yield for the farm shall be based on such proven yield.

        ‘(C) PROVEN YIELDS NOT AVAILABLE- If such data do not exist for any of the three preceding crop years, the Commodity Credit Corporation shall establish a yield for the farm by using a county average yield for the commodity, or by using other data available to it.

        ‘(D) COUNTY AVERAGE YIELDS- In establishing county average yields for nonprogram crops, the Commodity Credit Corporation shall use the best available information concerning yields. Such information may include extension service records, credible nongovernmental studies, and yields in similar counties.

      ‘(3) RESPONSIBILITY OF PRODUCERS- It shall be the responsibility of the producers of nonprogram crops to provide satisfactory evidence of crop losses for a crop year resulting from damaging weather or related condition in order for such producers to obtain disaster payments under this section.

‘SEC. 2245. CROP QUALITY REDUCTION DISASTER PAYMENTS.

    ‘(a) IN GENERAL- To ensure that all producers of crops covered under sections 2241 through 2244 are treated equitably, the Secretary of Agriculture shall make additional disaster payments to producers of such crops for a crop year who suffer losses resulting from the reduced quality of such crops caused by damaging weather or related condition, as determined by the Secretary.

    ‘(b) ELIGIBLE PRODUCERS- If the Secretary determines to make crop quality disaster payments available to producers under subsection (a), producers on a farm of a crop described in subsection (a) shall be eligible to receive reduced quality disaster payments only if such producers incur a deficiency in production of not less than 35 percent and not more than 75 percent for such crop (as determined under section 2241, 2242, 2243, or 2244, as appropriate).

    ‘(c) MAXIMUM PAYMENT RATE- The Secretary shall establish the reduced quality disaster payment rate, except that such rate shall not exceed 10 percent, as determined by the Secretary, of--

      ‘(1) the established price for the crop, for commodities covered under section 2241;

      ‘(2) the basic county loan rate for the crop (or a comparable price if there is no current basic county loan rate), for commodities covered under section 2242;

      ‘(3) the payment level under section 2243(a)(3), for commodities covered by section 2243; and

      ‘(4) the payment level under section 2244(a)(2), for commodities covered under section 2244.

    ‘(d) DETERMINATION OF PAYMENT- The amount of payment to a producer under this section shall be determined by multiplying the payment rate established under subsection (c) by the portion of the actual harvested crop on the producer’s farm that is reduced in quality by such natural disaster, as determined by the Secretary.

‘SEC. 2246. EFFECT OF FEDERAL CROP INSURANCE PAYMENTS.

    ‘In the case of producers on a farm who obtained crop insurance for a crop of a commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Secretary of Agriculture shall reduce the amount of payments made available under this subchapter for such crop to the extent that the amount determined by adding the net amount of crop insurance indemnity payment (gross indemnity less premium paid) received by such producers for the deficiency in the production of the crop and the disaster payment determined in accordance with this chapter for such crop exceeds the amount determined by multiplying--

      ‘(1) 100 percent of the yield used for the calculation of disaster payments made under this chapter for such crop; by

      ‘(2) the sum of the acreage of such crop planted to harvest and the acreage for which prevented planting credit is approved by the Secretary (or, in the case of disaster payments under section 2241, the eligible acreage established under paragraphs (1) and (3)(A) of section 2241(a)); by

      ‘(3)(A) in the case of producers who participated in a production adjustment program for the crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice for such crop year, the established price for such crop of the commodity;

      ‘(B) in the case of producers who did not participate in a production adjustment program for the crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice for such crop year (and, with respect to flexible acres as provided under section 2241(a)(2), in the case of those producers who did participate in such program for such year), the basic county loan rate (or a comparable price, as determined by the Secretary, if there is no current basic county loan rate) for such crop of the commodity;

      ‘(C) in the case of producers of sugar beets, sugarcane, peanuts, or tobacco, the payment level for the commodity established under section 2243(a)(3); and

      ‘(D) in the case of producers of oilseeds or a nonprogram crop (as defined in section 2244(d)(1)), the simple average price received by producers of the commodity, as determined by the Secretary, during the marketing years for the immediately preceding five crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.

‘SEC. 2247. CROP INSURANCE COVERAGE FOR NEXT CROP YEAR.

    ‘(a) REQUIREMENT- To be eligible to receive for a crop year a disaster payment under this subchapter, an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) for crop losses due to damaging weather or related condition, or forgiveness of the repayment of advance deficiency payments under section 2241(b), the producers on a farm shall agree to obtain multiperil crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the first crop year that begins after the producer receives the payment, loan, or forgiveness for the crop of the commodity for which such payments, loans, or forgiveness are sought.

    ‘(b) LIMITATIONS- Notwithstanding subsection (a), producers on a farm shall not be required to agree to obtain crop insurance under subsection (a) for a commodity--

      ‘(1) unless such producers’ deficiency in production, with respect to the crop for which a disaster payment under this chapter otherwise may be made, exceeds 65 percent;

      ‘(2) where, or if, crop insurance coverage is not available to the producers for the commodity for which the payment, loan, or forgiveness is sought;

      ‘(3) if the producers’ annual premium rate for such crop insurance is an amount greater than 125 percent of the average premium rate for insurance on that commodity for the preceding crop year in the county in which the producers are located;

      ‘(4) in any case in which the producers’ annual premium for such crop insurance is an amount greater than 25 percent of the amount of the payment, loan, or forgiveness received; or

      ‘(5) if the producers can establish by appeal to the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), or to the county committee established under section 332 of the Consolidated Farm and Rural Development Act (17 U.S.C. 1982), as appropriate, that the purchase of crop insurance would impose an undue financial hardship on such producers and that a waiver of the requirement to obtain crop insurance should, in the discretion of the county committee, be granted.

    ‘(c) IMPLEMENTATION-

      ‘(1) COUNTY COMMITTEES- The Secretary of Agriculture shall ensure (acting through the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act and located in the counties in which the assistance programs provided for under sections 2241 through 2245 are implemented, and through the county committees established under section 332 of the Consolidated Farm and Rural Development Act in counties in which emergency loans, as described in subsection (a), are made available) that producers who apply for assistance, as described in subsection (a), obtain multiperil crop insurance as required under this section.

      ‘(2) OTHER SOURCES- Each producer who is subject to the requirements of this section may comply with such requirements by providing evidence of multiperil crop insurance coverage from sources other than through the county committee office, as approved by the Secretary.

      ‘(3) COMMISSIONS- The Secretary shall provide by regulation for a reduction in the commissions paid to private insurance agents, brokers, or companies on crop insurance contracts entered into under this section sufficient to reflect that such insurance contracts principally involve only a servicing function to be performed by the agent, broker, or company.

    ‘(d) REPAYMENT OF BENEFITS- Notwithstanding any other provision of law, if (before the end of the crop year for which multiperil crop insurance is obtained pursuant to subsection (a)) such crop insurance coverage is canceled by the producer, the producer--

      ‘(1) shall make immediate repayment to the Secretary of any disaster payment or forgiven advance deficiency payment that the producer otherwise is required to repay; and

      ‘(2) shall become immediately liable for full repayment of all principal and interest outstanding on any emergency loan described in subsection (a) made subject to this section.

‘SEC. 2248. CROPS HARVESTED FOR FORAGE USES.

    ‘Not later than 45 days after funds are appropriated to carry out this subchapter for a crop year, the Secretary of Agriculture shall announce the terms and conditions by which producers on a farm may establish a yield for that crop year with respect to crops that were, or will be, harvested during such crop year for silage and other forage uses.

‘SEC. 2249. PAYMENT LIMITATIONS.

    ‘(a) LIMITATION- Subject to subsections (b) and (c), the total amount of payments that a person shall be entitled to receive for a crop year under one or more of the programs established under this subchapter may not exceed $100,000.

    ‘(b) NO DOUBLE BENEFITS- No person may receive disaster payments for a crop year under this subchapter to the extent that such person receives a livestock emergency benefit for lost feed production in that year under section 606 of the Agricultural Act of 1949 (7 U.S.C. 1471d).

    ‘(c) COMBINED LIMITATION-

      ‘(1) IN GENERAL- No person may receive any payment under this subchapter or benefit under title VI of the Agricultural Act of 1949 (7 U.S.C. 1471 et seq.) for livestock emergency losses suffered in a crop year if such payment or benefit will cause the combined total amount of such payments and benefits received by such person in such year to exceed $100,000.

      ‘(2) ELECTION- If a producer is subject to paragraph (1), the person may elect (subject to the benefits limitations under section 609 of the Agricultural Act of 1949 (7 U.S.C. 1471g) whether to receive the $100,000 in such payments, or such livestock emergency benefits (not to exceed $50,000), or a combination of payments and benefits specified by the person.

    ‘(d) REGULATIONS- The Secretary of Agriculture shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this section.

‘SEC. 2250. SUBSTITUTION OF CROP INSURANCE PROGRAM YIELDS.

    ‘(a) IN GENERAL- Notwithstanding any other provision of this chapter, the Secretary of Agriculture may permit each eligible producer of a crop of a commodity who has obtained multiperil crop insurance for such crop for a crop year or, as provided in subsection (c), the preceding crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to substitute, at the discretion of the producer, the crop insurance yield for such crop, as established under such Act, for the farm yield otherwise assigned to the producer under this subchapter, for the purposes of determining such producer’s eligibility for a disaster payment on such crop under this subchapter for the crop year involved and the amount of such payment.

    ‘(b) ADJUSTMENT OF ADVANCED DEFICIENCY PAYMENTS-

      ‘(1) IN GENERAL- Notwithstanding any other provision of this chapter, if an eligible producer of wheat, feed grains, upland cotton, extra long staple cotton, or rice for a crop year elects to substitute yields for such producer’s crop under subsection (a), the producer’s eligibility for a waiver of repayment of an advance deficiency payment on such crop under this chapter shall be adjusted as provided in paragraph (2).

      ‘(2) AMOUNT- The amount of production of such crop on which the producer otherwise would be eligible for waiver of repayment of advance deficiency payments under this subchapter shall be reduced by an amount of production equal to the difference between--

        ‘(A) the amount of production eligible for disaster payments under this subchapter using a substituted yield under this section; and

        ‘(B) the amount of production that would have been eligible for disaster payments using the farm program payment yield otherwise assigned to the producer under this chapter.

    ‘(c) MULTIPERIL CROP INSURANCE NOT AVAILABLE- A producer may use the crop insurance yield for the producer’s crop of a commodity for the preceding crop year for purposes of substituting yields under subsection (a) if the producer demonstrates to the Secretary that, through no fault of the producer, multiperil crop insurance under the Federal Crop Insurance Act was not made available to the producer for the producer’s crop of the commodity for the crop year involved.

    ‘(d) DEFINITION OF ELIGIBLE PRODUCER- For purposes of this section, the term ‘eligible producer’ means a producer of a crop of wheat, feed grains, upland cotton, extra long staple cotton, rice, or oilseeds.

‘SEC. 2251. DE MINIMIS YIELDS.

    ‘The Secretary of Agriculture may determine a de minimis yield for each crop eligible for reduced yield disaster payments under this subchapter. The de minimis yield shall be set at a level that will minimize any incentive (because of the prospect of disaster payments) for a producer to abandon crops that have a value that exceeds the cost of harvesting. In no case may the de minimis yield be less than the amount of production that, when valued at current market prices, equals the average cost of harvesting the crop, as determined by the Secretary. Any producer whose actual yield for a crop is equal to or less than the de minimis yield for such crop shall be considered as having an actual yield of zero for the purpose of calculating any reduced yield disaster payments for such crop under this subchapter.

‘SEC. 2252. SEPARATE TREATMENT OF EACH PRODUCER ON A FARM.

    ‘A producer on a farm who produces any crop of a commodity for which disaster payments are made available under this subchapter shall qualify for a disaster payment if the total quantity of the commodity that the producer is able to harvest on that farm is reduced as a result of damaging weather or related condition in an amount that meets the criteria of section 2241, 2242, 2243, or 2244, even though the producers on the farm, collectively, may not meet such criteria.

‘SEC. 2253. DEFINITIONS.

    ‘For purposes of this chapter:

      ‘(1) DAMAGING WEATHER- The term ‘damaging weather’ includes but is not limited to drought, hail, excessive moisture, freeze, tornado, hurricane, earthquake, or excessive wind (or any combination thereof) that occurs during the calendar year in which the crop involved is intended to be harvested or the preceding calendar year.

      ‘(2) RELATED CONDITION- The term ‘related condition’ includes but is not limited to insect infestations, plant diseases, or other deterioration of a crop of a commodity, including aflatoxin, that is accelerated or exacerbated naturally as a result of damaging weather occurring prior to or during harvest.

      ‘(3) PERSON- The term ‘person’ shall have the meaning given such term by the Secretary in regulations, which shall conform, to the extent practicable, to the regulations defining such term issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note).

‘Subchapter B--Orchards

‘SEC. 2255. ELIGIBILITY.

    ‘(a) LOSS- The Secretary of Agriculture shall provide assistance under section 2256 to eligible orchardists that planted trees for commercial purposes but lost such trees as a result of damaging weather or related condition occurring in 1993 or a subsequent calendar year.

    ‘(b) LIMITATION- An eligible orchardist shall qualify for assistance under subsection (a) only if such orchardist’s tree mortality, as a result of the damaging weather or related condition, exceeds 35 percent (adjusted for normal mortality).

‘SEC. 2256. ASSISTANCE.

    ‘The assistance provided by the Secretary of Agriculture to eligible orchardists for losses described in section 2255 shall consist of either--

      ‘(1) reimbursement of 65 percent of the cost of replanting trees lost and rehabilitating or restoring trees damaged as a result of damaging weather or related condition in the calendar year involved in excess of 35 percent mortality (adjusted for normal mortality); or

      ‘(2) at the discretion of the Secretary, sufficient seedlings to reestablish the stand.

‘SEC. 2257. LIMITATION ON ASSISTANCE.

    ‘(a) LIMITATION- The total amount of payments that a person shall be entitled to receive under this subchapter for a calendar year may not exceed $25,000, or an equivalent value in tree seedlings.

    ‘(b) REGULATIONS- The Secretary of Agriculture shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.

‘SEC. 2258. DEFINITION.

    ‘For purposes of this subchapter, the term ‘eligible orchardist’ means a person who produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees.

‘SEC. 2259. DUPLICATIVE PAYMENTS.

    ‘The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal program.

‘Subchapter C--Forest Crops

‘SEC. 2261. ELIGIBILITY.

    ‘(a) LOSS- The Secretary of Agriculture shall provide assistance, as specified in section 2262, to eligible tree farmers that planted tree seedlings in a calendar year or the next calendar year for commercial purposes but lost such seedlings as a result of damaging weather or related condition occurring in such next calendar year, as determined by the Secretary.

    ‘(b) LIMITATION- An eligible tree farmer shall qualify for assistance under subsection (a) only if such tree farmer’s tree seedling mortality, as a result of the damaging weather or related condition, exceeds 35 percent (adjusted for normal mortality).

‘SEC. 2262. ASSISTANCE.

    ‘The assistance provided by the Secretary of Agriculture to eligible tree farmers for losses described in section 2261 shall consist of either--

      ‘(1) reimbursement of 65 percent of the cost of replanting seedlings lost due to damaging weather or related conditions in the calendar year involved in excess of 35 percent mortality (adjusted for normal mortality); or

      ‘(2) at the discretion of the Secretary, sufficient tree seedlings to reestablish the stand.

‘SEC. 2263. LIMITATION ON ASSISTANCE.

    ‘(a) LIMITATION- The total amount of payments that a person shall be entitled to receive under this subchapter may not exceed $25,000 for a calendar year, or an equivalent value in tree seedlings.

    ‘(b) REGULATIONS- The Secretary of Agriculture shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.

‘SEC. 2264. DEFINITION.

    ‘For purposes of this subchapter, the term ‘eligible tree farmer’ means a person who grows trees for harvest for commercial purposes and owns 1,000 acres or less of such trees.

‘SEC. 2265. DUPLICATIVE PAYMENTS.

    ‘The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal program.

‘Subchapter D--Administrative Provisions

‘SEC. 2266. INELIGIBILITY.

    ‘(a) GENERAL RULE- A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary of Agriculture, shall not be eligible to receive any disaster payment or other benefits under this chapter.

    ‘(b) QUALIFYING GROSS REVENUES- For purposes of this section, the term ‘qualifying gross revenues’ means--

      ‘(1) if a majority of the person’s annual income is received from farming, ranching, and forestry operations, the gross revenue from the person’s farming, ranching, and forestry operations; and

      ‘(2) if less than a majority of the person’s annual income is received from farming, ranching, and forestry operations, the person’s gross revenue from all sources.

‘SEC. 2267. TIMING AND MANNER OF ASSISTANCE.

    ‘(a) TIMING OF ASSISTANCE-

      ‘(1) ASSISTANCE MADE AVAILABLE AS SOON AS PRACTICABLE- Subject to paragraph (2), the Secretary of Agriculture shall make disaster assistance available under this chapter for a crop year or a calendar year, as applicable, as soon as practicable after the date of the enactment of this Act.

      ‘(2) COMPLETED APPLICATION- No payment or benefit provided under this chapter shall be payable or due until such time as a completed application for such payment or benefit for a crop of a commodity has been approved.

    ‘(b) MANNER- The Secretary may make payments available under subchapter A in the form of cash, commodities, or commodity certificates, as determined by the Secretary.

‘SEC. 2268. COMMODITY CREDIT CORPORATION.

    ‘(a) USE- The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation in carrying out this chapter.

    ‘(b) EXISTING AUTHORITY- The authority provided by this chapter shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.

‘SEC. 2269. EMERGENCY LOANS.

    ‘Section 321(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(b)) shall not apply for a calendar year to persons who otherwise would be eligible for an emergency loan under subtitle C of such Act, if such eligibility is the result of damage to an annual crop planted for harvest in such year.

‘SEC. 2270. REGULATIONS.

    ‘The Secretary of Agriculture or the Commodity Credit Corporation, as appropriate, shall issue regulations to implement this chapter as soon as practicable, without regard to the requirement for notice and public participation in rule making prescribed in section 553 of title 5, United States Code, or in any directive of the Secretary.

‘Subchapter E--Application of Chapter

‘SEC. 2271. APPLICATION OF CHAPTER.

    ‘(a) ANNUAL CROPS- Subchapter A and section 2269 shall apply only with respect to the 1993 and subsequent crops.

    ‘(b) ORCHARDS AND FOREST CROPS- Subchapters B and C shall apply only with respect to the 1993 and subsequent calendar years.

    (b) APPLICATION FOR ASSISTANCE-

      (1) PRODUCERS AFFECTED BY AMENDMENTS- In the case of agricultural producers of 1993 or subsequent crops who are affected by the amendments made by this section, the Secretary of Agriculture shall allow those producers to submit applications for initial or additional assistance under chapter 3 of subtitle B of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) until the later of--

        (A) the date established by the Secretary under section 2267(a) of such Act for final submission of applications; or

        (B) the end of the 60-day period beginning on the date of the enactment of this Act.

      (2) NOTICE OF DETERMINATION- Not later than 60 days after the date on which the Secretary receives an application for assistance under subsection (a), the Secretary shall inform the producer submitting the application of the Secretary’s determination with regard to the application.

    (c) CLERICAL AMENDMENTS- The table of contents in section 1(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3359) is amended--

      (1) by inserting after the item relating to the chapter heading of chapter 3 of subtitle B of title XXII of such Act the following new item:

      ‘Sec. 2240. Short title.’;

      (2) by striking the item relating to section 2242 and inserting the following new item:

      ‘Sec. 2242. Payments to program nonparticipants for target price commodities and payments to program participants for target price commodities on flexible acres.’;

      (3) by striking the item relating to section 2244 and inserting the following new item:

      ‘Sec. 2244. Oilseeds and nonprogram crops.’;

      (4) by striking the item relating to section 2247 and inserting the following new item:

      ‘Sec. 2247. Crop insurance coverage required for next crop year.’;

      (5) by striking the item relating to section 2251 and inserting the following new items:

      ‘Sec. 2251. De minimis yields.

      ‘Sec. 2252. Separate treatment of each producer on a farm.

      ‘Sec. 2253. Definitions.’; and

      (6) by striking the items relating to subchapter E and sections 2271 and 2272, and inserting the following new items:

‘subchapter e--application of chapter

      ‘Sec. 2271. Application of chapter.’.

SEC. 2. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS.

    (a) INCLUSION OF PERMANENT FARMWORKERS AND PACKINGHOUSE WORKERS- Section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a) is amended--

      (1) by inserting ‘, permanent,’ after ‘migrant’ each place it appears; and

      (2) in subsection (b)--

        (A) by inserting ‘(including a packinghouse worker)’ after ‘an individual’; and

        (B) by inserting ‘or packinghouse work’ after ‘farm work’ both places it appears.

    (b) CLERICAL AMENDMENTS-

      (1) SECTION HEADING- The section heading of such section is amended to read as follows:

‘SEC. 2281. EMERGENCY GRANTS TO ASSIST LOW-INCOME FARMWORKERS AND PACKINGHOUSE WORKERS.’.

      (2) TABLE OF CONTENTS- The item relating to such section in the table of contents in section 1(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3359) is amended to read as follows:

      ‘Sec. 2281. Emergency grants to assist low-income farmworkers and packinghouse workers.’.

SEC. 3. EMERGENCY FEED ASSISTANCE.

    Title VI of the Agricultural Act of 1949 (7 U.S.C. 1471 et seq.) is amended--

      (1) in section 602(1)(A)(i) by striking ‘livestock or a dairy producer’ and inserting ‘livestock, a dairy producer, or a beekeeper’;

      (2) in section 602(1)(A)(ii) by inserting after ‘husbandry,’ the term ‘beekeeping,’;

      (3) in section 602(1)(B) by inserting after ‘husbandry,’ the term ‘beekeeping,’;

      (4) in section 602(2) by inserting after ‘production of food,’ and the term ‘bees,’; and

      (5) in section 602(b)(1)(A) by inserting after ‘ranching,’ the term ‘beekeeping,’.