[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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