SA 837. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 83, between lines 20 and 21, insert the following:
SEC. __X. ASSISTANCE FOR DISASTER-AFFECTED PRODUCERS.
(a) Definitions.--In this section:
(1) DISASTER COUNTY.--The term "disaster county" means--
(A) a county included in the geographical area covered by a qualifying natural disaster declaration; and
(B) each county contiguous to a county described in subparagraph (A).
(2) DISASTER-AFFECTED PRODUCER.--The term "disaster-affected producer" means an eligible producer on a farm (as defined in section 531(a) of the Federal Crop Insurance Act (7 U.S.C. 1531(a))) that suffered losses in a disaster county in an insurable commodity or noninsurable commodity during the 2011 crop year due to damaging weather or other conditions relating to a natural disaster.
(3) QUALIFYING NATURAL DISASTER DECLARATION.--The term "qualifying natural disaster declaration" means a major disaster or emergency designated by the President in 2011 due to damaging weather or other conditions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(b) Supplemental Agricultural Disaster Assistance Program.--In the case of a disaster-affected producer that does not meet the requirements of paragraph (1) of section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)), the Secretary of Agriculture shall waive that paragraph if the disaster-affected producer--
(1) pays a fee in an amount equal to the applicable noninsured crop assistance program fee or catastrophic risk protection plan fee required under that paragraph for the 2011 crop year to the Secretary not later than 90 days after the date of enactment of this Act; and
(2)(A) in the case of each insurable commodity of the disaster-affected producer, excluding grazing land, agree to obtain a policy or plan of insurance under subtitle A of the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that subtitle) for the next insurance year for which crop insurance is available to the eligible producers on the farm; and
(B) in the case of each noninsurable commodity of the disaster-affected producer, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the next year for which a policy is available.
(c) Emergency Spending.--
(1) DISASTER RELIEF.--The amount made available under this section for major disaster counties (within the meaning of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) is designated by Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)).
(2) EMERGENCY REQUIREMENT.--Amounts made available under this section for emergency presidential declarations (within the meaning of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) or contiguous counties are designated by Congress as being for an emergency requirement pursuant to 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)).
(d) Effective Date.--This section takes effect on the date of enactment of this Act.


(As printed in the Congressional Record for the Senate on Oct 18, 2011.)