Sec. 815. ### (a) In General
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## Sec. 815 ###
(a)In General The Secretary of Agriculture (referred to in this section as the “Secretary”) shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying losses described in subsection (c). ###
(b)Administration ####
(1)In general Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 1102 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105–277), including using the same loss thresholds for quantity and economic losses as were used in administering that section. ####
(2)Loss thresholds for quality losses In the case of a payment for quality loss for a crop under subsection (c)(2), the loss thresholds for quality loss for the crop shall be determined under subsection (d). ###
(c)Qualifying Losses Assistance under this section may be made available for losses due to damaging weather or related condition (including losses due to crop diseases and insects) associated with crops that are, as determined by the Secretary— ####
(1)quantity losses for the 2000 crop; ####
(2)quality losses for the 2000 crop; or ####
(3)severe economic losses for the 2000 crop. ###
(d)Quality Losses ####
(1)Amount of quality loss The amount of a quality loss for a crop of producers on a farm under subsection (c)(2) shall be equal to the difference between— #####
(A)the per unit market value of the units of the crop affected by the quality loss would have had if the crop had not suffered a quality loss; and #####
(B)the per unit market value of the units of the crop affected by the quality loss. ####
(2)Amount of quality loss payment Subject to paragraph (3), the amount of a payment made to producers on a farm for a quality loss for a crop under subsection (c)(2) shall be equal to the amount obtained by multiplying— #####
(A)65 percent of the quantity of the crop affected by the quality loss that was produced on the farm; by #####
(B)65 percent of the per unit quality loss for the crop determined under paragraph (1). ####
(3)Eligibility For producers on a farm to be eligible to obtain a payment for a quality loss for a crop under subsection (c)(2), the amount obtained by multiplying the per unit loss determined under paragraph
(1)by the number of units affected by the quality loss shall be at least 20 percent of the value that all affected production of the crop would have had if the crop had not suffered a quality loss. ###
(e)Crops Covered Assistance under this section shall be applicable to losses for all crops, as determined by the Secretary, due to disasters, including— ####
(1)irrigated crops that, due to lack of water or contamination by saltwater intrusion of an irrigation supply resulting from drought conditions, were planted and suffered a loss or were prevented from being planted; ####
(2)pecans; and ####
(3)nursery losses in the State of Florida that occur, because of disaster, during the period beginning on October 1, 2000, and ending on December 31, 2000. Calculations of the amount of such losses shall be made independently of other losses of the producer, and such losses shall be subject to a separate limit on payment amounts as may otherwise apply. Any payment under this section for such losses shall for all purposes, present and future, be considered to be a 2000 crop payment, and such compensated losses shall be ineligible for any assistance that may become available for 2001 crop losses. ###
(f)Crop Insurance In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ###
(g)Limitation on Payments for Multiple Losses on Same Acreage Notwithstanding subsection (d), a producer may not receive assistance under this section for losses to more than one 2000 crop on the same acreage unless there is an established practice of planting two or more crops for harvest on such acreage in the same crop year, as determined by the Secretary. The Secretary shall give a producer that is not covered by the exception in the previous sentence an opportunity to designate the 2000 crop for which the producer requests assistance under this section. ###
(h)The entire amount necessary to carry out this section shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided*, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.
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- Pub. L. 105-277
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