Text: H.R.6849 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Public Law No: 110-398 (10/13/2008)




[110th Congress Public Law 398]
[From the U.S. Government Printing Office]


[DOCID: f:publ398.110]

[[Page 122 STAT. 4213]]

Public Law 110-398
110th Congress

                                 An Act


 
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. <<NOTE: Oct. 13, 2008 -  [H.R. 6849]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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 <<NOTE: Deadline.>> 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:

[[Page 122 STAT. 4214]]

    ``(f) Extension of 2008 Signup.--
            ``(1) In general.--Notwithstanding <<NOTE: Deadline.>> 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).'';

[[Page 122 STAT. 4215]]

                    (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;

[[Page 122 STAT. 4216]]

                                    (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'';
                                    (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.''.

[[Page 122 STAT. 4217]]

            (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 <<NOTE: Waiver 
                authority.>> 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 <<NOTE: Deadline.>> 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

[[Page 122 STAT. 4218]]

                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 <<NOTE: Applicability.>> 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).''.

[[Page 122 STAT. 4219]]

            (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'';

[[Page 122 STAT. 4220]]

                          (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
                          ``(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''.

[[Page 122 STAT. 4221]]

            (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 <<NOTE: Waiver 
                authority.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Applicability.>> 1001, 1001A, 1001B, and 1001D 
        of the Food Security Act of 1985 (7 U.S.C. 1308 et

[[Page 122 STAT. 4222]]

        seq.) as in effect on September 30, 2007, shall continue to 
        apply with respect to 2008 crops.''.

    Approved October 13, 2008.

LEGISLATIVE HISTORY--H.R. 6849:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-881 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 24, considered and passed House.
            Sept. 29, considered and passed Senate, amended. House 
                concurred in Senate amendment.