[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9889 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9889
Making emergency supplemental appropriations for disaster relief for
the fiscal year ending September 30, 2024, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2024
Mr. Valadao (for himself, Mr. Panetta, Mr. Duarte, Mr. Costa, Mr. Fong,
Mr. LaTurner, Mr. Newhouse, Mr. Carbajal, Mr. Soto, Mr. LaMalfa, Mr.
Harder of California, and Mr. Thompson of California) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for disaster relief for
the fiscal year ending September 30, 2024, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2024, and for
other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$14,000,000,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production losses of
crops (including milk, on-farm stored commodities, crops prevented from
planting in 2023, and harvested adulterated wine grapes), trees,
bushes, and vines, as a consequence of droughts, wildfires, hurricanes,
floods, derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive moisture
occurring in calendar year 2023 under such terms and conditions as
determined by the Secretary: Provided, That of the amounts provided
under this heading in this Act, the Secretary shall use up to
$1,500,000,000 to provide assistance to producers of livestock, as
determined by the Secretary of Agriculture, for losses incurred
(including with respect to livestock relocation, shelter-in-place, and
feed crop losses) during calendar year 2023 due to hurricanes, drought,
wildfires, floods, or other natural disasters: Provided further, That,
with respect to smoke tainted wine grapes, the loss (including a
quality loss) of such crop during the coverage period due to wildfire,
as determined by the Secretary, is considered a qualified loss:
Provided further, That losses due to drought shall only be eligible
under this heading in this Act if any area within the county in which
the loss occurs was rated by the U.S. Drought Monitor as having a D2
(Severe Drought) for eight consecutive weeks or a D3 (Extreme Drought)
or higher level of drought intensity during the applicable calendar
years: Provided further, That at the election of a processor eligible
for a loan under section 156 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272) or a cooperative processor of dairy,
the Secretary shall make payments for losses in 2023 to such processors
(to be paid to producer members, as determined by such processors) in
lieu of payments to producers and under the same terms and conditions
as payments made to processors pursuant to title I of the Additional
Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law
116-20) under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'', as last amended by section 791(c) of title VII of division
B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided further, That notwithstanding section 760.1503(j) of
title 7 of the Code of Federal Regulations, in the event that a
processor described in the preceding proviso does not elect to receive
payments under such clause, the Secretary shall make direct payments to
producers under this heading in this Act: Provided further, That of the
amounts provided under this heading in this Act, not more than one
percent of the funds provided herein may be used for administrative
costs, including for streamlining the application process and easing
the burden on county office employees, to carry out the matter under
this heading in this Act: Provided further, That, except as otherwise
provided under this heading in this Act, the Secretary shall impose
payment limitations consistent with section 760.1507 of title 7, Code
of Federal Regulations (as in effect on the date of enactment of this
Act): Provided further, That, in the case of specialty crops or high
value crops, as determined by the Secretary, the Secretary shall impose
payment limitations consistent with section 760.1507(a)(2) of title 7,
Code of Federal Regulations (as in effect on January 1, 2019): Provided
further, That, with respect to the payment limitations described under
this heading in this Act, the Secretary shall apply separate payment
limits for each of 2022 and 2023: Provided further, That the total
amount of payments received under this heading in this Act and
applicable policies of crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance
Program (NAP) under section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) (minus any premiums or fees paid
for such coverages) shall not exceed 90 percent of the loss as
determined by the Secretary: Provided further, That the total amount of
payments received under this heading in this Act for producers who did
not obtain a policy or plan of insurance for an insurable commodity for
the applicable crop year under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) for the crop incurring the losses or did not file the
required paperwork and pay the service fee by the applicable State
filing deadline for a noninsurable commodity for the applicable crop
year under NAP for the crop incurring the losses shall not exceed 70
percent of the loss as determined by the Secretary: Provided further,
That producers receiving payments under this heading in this Act, as
determined by the Secretary, shall be required to purchase crop
insurance where crop insurance is available for the next two available
crop years and producers receiving payments under this heading in this
Act shall be required to purchase coverage under NAP where crop
insurance is not available in the next two available crop years, as
determined by the Secretary: Provided further, That the Secretary shall
administer payments under this heading in this Act simultaneously for
producers regardless of type of qualified loss.
TITLE II
GENERAL PROVISIONS--THIS ACT
Sec. 201. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 202. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 203. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2024.
Sec. 204. Each amount provided by this Act is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2024, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This Act may be cited as the ``Agriculture Disaster Relief
Supplemental Appropriations Act, 2024''.
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