S.Amdt. 3396

SA 3396. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R.
4213, to amend the Internal Revenue Code of 1986 to extend certain
expiring provisions, and for other purposes; which was ordered to lie
on the table; as follows:

Beginning on page 77, strike line 24 and all that follows
through page 80, line 10, and insert the following:
(c) Specialty Crop Assistance.--
(1) Definitions.--In this subsection:
(A) Disaster county.--
(i) In general.--The term ``disaster county'' means a
county included in the geographic area covered by a
qualifying natural disaster declaration for the 2009 or 2010
crop year.
(ii) Exclusion.--The term ``disaster county'' does not
include a contiguous county.
(B) Eligible specialty crop producer.--The term ``eligible
specialty crop producer'' means an agricultural producer
that, for the 2009 or 2010 crop year, or both, as determined
by the Secretary--
(i) produced, or was prevented from planting, a specialty
crop; and
(ii) experienced crop losses in a disaster county due to
excessive rainfall, freeze, drought, or a related condition.
(2) Assistance.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than
$500,000,000, to remain available until September 30, 2011,
to carry out a program of grants to States to assist eligible
specialty crop producers for losses due to excessive
rainfall, freeze, drought, and related conditions affecting
the 2009 or 2010 crop, or both.
(3) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall notify the State
department of agriculture (or similar entity) in each State
of the availability of funds to assist eligible specialty
crop producers, including such terms as are determined by the
Secretary to be necessary for the equitable treatment of
eligible specialty crop producers.
(4) Provision of grants.--
(A) In general.--The Secretary shall make grants to States
for disaster counties with excessive rainfall, freeze,
drought, and related conditions on a pro rata basis based on
the value of specialty crop losses in those counties during
the 2009 and 2010 calendar years, as determined by the
Secretary.
(B) Timing.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall make grants to
States to provide assistance under this subsection.
(C) Maximum grant.--The maximum amount of a grant made to a
State under this subsection may not exceed $100,000,000.
(5) Requirements.--The Secretary shall make grants under
this subsection only to States that demonstrate to the
satisfaction of the Secretary that the State will--
(A) use grant funds to assist eligible specialty crop
producers for losses due to a qualifying natural disaster;
(B) provide assistance to eligible specialty crop producers
not later than 90 days after the date on which the State
receives grant funds; and
(C) not later than 60 days after the date on which the
State provides assistance to eligible specialty crop
producers, submit to the Secretary a report that describes--
(i) the manner in which the State provided assistance;
(ii) the amounts of assistance provided by type of
specialty crop; and
(iii) the process by which the State determined the levels
of assistance to eligible specialty crop producers.
(6) Relation to other law.--Assistance received under this
subsection shall be included in the calculation of farm
revenue for the 2009 and 2010 crop year (as applicable) under
section 531(b)(4)(A) of the Federal Crop Insurance Act (7
U.S.C. 1531(b)(4)(A)) and section 901(b)(4)(A) of the Trade
Act of 1974 (19 U.S.C. 2497(b)(4)(A)).
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