To extend certain supplemental agriculture disaster assistance programs.

SA 3367. Mr. MERKLEY (for himself, Ms. Stabenow, Mrs. McCaskill, Mr.
Baucus, and Mr. Wyden) submitted an amendment intended to be proposed
to amendment SA 3338 proposed by Mr. Leahy (for Mr. Inouye (for himself
and Mr. Lautenberg)) to the bill H.R. 1, making appropriations for the
Department of Defense and the other departments and agencies of the
Government for the fiscal year ending September 30, 2011, and for other
purposes; as follows:

At the end of title I, add the following:

GENERAL PROVISIONS--THIS CHAPTER

Sec. 101. (a) Section 531 of the Federal Crop Insurance Act
(7 U.S.C. 1531) is amended--
(1) in subsection (c)(1), by striking ``The Secretary shall
use such sums as are necessary from the Trust Fund'' and
inserting ``Of the funds of the Commodity Credit Corporation,
the Secretary shall use such sums as are necessary for fiscal
year 2012'';
(2) in subsection (d)(2), by striking ``The Secretary shall
use such sums as are necessary from the Trust Fund'' and
inserting ``Of the funds of the Commodity Credit Corporation,
the Secretary shall use such sums as are necessary for fiscal
year 2012'';
(3) in subsection (e)(1)--
(A) by striking ``The Secretary'' and inserting ``Of the
funds of the Commodity Credit Corporation, the Secretary'';
and
(B) by striking ``per year from the Trust Fund'' and
inserting ``for fiscal year 2012'';
(4) in subsection (f)(2)(A), by striking ``the Secretary
shall use such sums as are necessary from the Trust Fund''
and inserting ``of the funds of the Commodity Credit
Corporation, the Secretary shall use such sums as are
necessary for fiscal year 2012''; and
(5) in subsection (i), by striking ``September 30, 2011''
and inserting ``September 30, 2012 (except in the case of
subsection (b), which shall be September 30, 2011)''.
(b) This section is designated by Congress as being for an
emergency requirement pursuant to--
(1) section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)); and
(2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139; 2 U.S.C. 933(g)).
Sec. 102. (a) Section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Coverages.--In the case of an eligible crop described
in paragraph (2), the Secretary of Agriculture shall operate
a noninsured crop disaster assistance program to provide
coverages based on individual yields (other than for value-
loss crops) equivalent to--
``(i) catastrophic risk protection available under section
508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b));
or
``(ii) additional coverage available under subsections (c)
and (h) of section 508 of that Act (7 U.S.C. 1508) that does
not exceed 65 percent.
``(B) Administration.--The Secretary shall carry out this
section through the Farm Service Agency (referred to in this
section as the `Agency').''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--

(I) in clause (i), by striking ``and'' after the semicolon
at the end;
(II) by redesignating clause (ii) as clause (iii); and
(III) by inserting after clause (i) the following:

``(ii) for which additional coverage under subsections (c)
and (h) of section 508 of that Act (7 U.S.C. 1508) is not
available; and''; and
(ii) in subparagraph (B)--

(I) by inserting ``(except ferns)'' after
``floricultural'';
(II) by inserting ``(except ferns)'' after ``ornamental
nursery''; and
(III) by striking ``(including ornamental fish)'' and
inserting ``(including ornamental fish, but excluding
tropical fish)'';

(2) in subsection (d), by striking ``The Secretary'' and
inserting ``Subject to subsection (l), the Secretary'';
(3) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and inserting
``$260''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting ``$780''; and
(ii) by striking ``$1,875'' and inserting ``$1,950''; and
(4) by adding at the end the following:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available to a
producer eligible for noninsured assistance under this
section a payment equivalent to an indemnity for additional
coverage under subsections (c) and (h) of section 508 of the
Federal Crop Insurance Act (7 U.S.C. 1508) that does not
exceed 65 percent, computed by multiplying--
``(A) the quantity that is less than 50 to 65 percent of
the established yield for the crop, as determined by the
Secretary, specified in increments of 5 percent;
``(B) 100 percent of the average market price for the crop,
as determined by the Secretary; and
``(C) a payment rate for the type of crop, as determined by
the Secretary, that reflects--
``(i) in the case of a crop that is produced with a
significant and variable harvesting expense, the decreasing
cost incurred in the production cycle for the crop that is,
as applicable--

``(I) harvested;
``(II) planted but not harvested; or
``(III) prevented from being planted because of drought,
flood, or other natural disaster, as determined by the
Secretary; or

``(ii) in the case of a crop that is produced without a
significant and variable harvesting expense, such rate as
shall be determined by the Secretary.
``(2) Premium.--To be eligible to receive a payment under
this subsection, a producer shall pay--
``(A) the service fee required by subsection (k); and
``(B) a premium for the applicable crop year that is equal
to--
``(i) the product obtained by multiplying--

``(I) the number of acres devoted to the eligible crop;
``(II) the yield, as determined by the Secretary under
subsection (e);
``(III) the coverage level elected by the producer;
``(IV) the average market price, as determined by the
Secretary; and

``(ii) 5.25-percent premium fee.
``(3) Limited resource, beginning, and socially
disadvantaged farmers.--The additional coverage made
available under this subsection shall be available to limited
resource, beginning, and socially disadvantaged producers, as
determined by the Secretary, in exchange for a premium that
is 50

[[Page S8144]]

percent of the premium determined for a producer under
paragraph (2).
``(4) Additional availability.--
``(A) In general.--As soon as practicable, the Secretary
shall make assistance available to producers of an otherwise
eligible crop described in subsection (a)(2) that suffered
losses--
``(i) to a 2012 annual fruit crop grown on a bush or tree;
and
``(ii) in a county covered by a declaration by the
Secretary of a natural disaster for production losses due to
a freeze or frost.
``(B) Assistance.--The Secretary shall make assistance
available under subparagraph (A) in an amount equivalent to
assistance available under paragraph (1), less any fees not
previously paid under paragraph (2).
``(C) Administration.--For assistance provided under this
subsection for the 2012 crop year, the limitation in
subsection (i)(2) shall be $250,000.''.
(b)(1) Effective October 1, 2017, subsection (a) and the
amendments made by subsection (a) (other than the amendments
made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are
repealed.
(2) Effective October 1, 2017, section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) shall be applied and administered as if subsection (a)
and the amendments made by subsection (a) (other than the
amendments made by clauses (i)(I) and (ii) of subsection
(a)(1)(B)) had not been enacted.
(c) This section is designated by Congress as being for an
emergency requirement pursuant to--
(1) section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)); and
(2) section 4(g) of the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139; 2 U.S.C. 933(g)).
______