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United States · Law · HR

H.R. 5015 (100th)

Disaster Assistance Act of 1988

enactedUnited States· United States Congress· EN

Introduced

12 July 1988

Last action

11 August 1988 · President

Status

Became Public Law No: 100-387.

Sponsors

Rep. de la Garza, E. [D-TX-15], Rep. Madigan, Edward R. [R-IL-15], Rep. Foley, Thomas S. [D-WA-5], Rep. Michel, Robert H. [R-IL-18], Rep. Coelho, Anthony Lee [D-CA-15], Sen. Lott, Trent [R-MS], Rep. Jones, Walter B. [D-NC-1], Sen. Jeffords, James M. [I-VT], Rep. Jones, Ed [D-TN-8], Rep. Coleman, E. Thomas [R-MO-6], Rep. Brown, George E., Jr. [D-CA-42], Rep. Marlenee, Ron [R-MT-2], Rep. English, Glenn [D-OK-6], Rep. Hopkins, Larry J. [R-KY-6], Rep. Huckaby, Thomas J. (Jerry) [D-LA-5], Rep. Stangeland, Arlan [R-MN-7], Rep. Glickman, Dan [D-KS-4], Rep. Emerson, Bill [R-MO-8], Rep. Stenholm, Charles W. [D-TX-17], Rep. Morrison, Sid [R-WA-4], Rep. Volkmer, Harold L. [D-MO-9], Rep. Gunderson, Steve [R-WI-3], Rep. Hatcher, Charles [D-GA-2], Rep. Lewis, Thomas F. [R-FL-12], Rep. Staggers, Harley O., Jr. [D-WV-2], Rep. Smith, Robert [R-OR-2], Rep. Olin, James R. [D-VA-6], Rep. Schuette, Bill [R-MI-10], Rep. Penny, Timothy J. [D-MN-1], Rep. Grandy, Fred [R-IA-6], Rep. Stallings, Richard H. [D-ID-2], Rep. Holloway, Clyde [R-LA-8], Rep. Nagle, Dave R, [D-IA-3], Rep. Jontz, Jim [D-IN-5], Rep. Harris, Claude [D-AL-7], Rep. Espy, Mike [D-MS-2], Rep. Lancaster, H. Martin [D-NC-3], Rep. Panetta, Leon [D-CA-16], Rep. Tallon, Robert M. (Robin) [D-SC-6], Rep. Dowdy, Wayne [D-MS-4], Rep. Chapman, Jim [D-TX-1], Sen. Dorgan, Byron L. [D-ND], Rep. Traxler, Bob [D-MI-8], Rep. McCloskey, Frank [D-IN-8], Rep. Williams, Pat [D-MT-At Large], Rep. Smith, Virginia [R-NE-3], Rep. Rogers, Harold [R-KY-5], Rep. Derrick, Butler C. [D-SC-3]

Subjects

Agriculture

Source updated

21 March 2025

Agriculture

Summary

Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 12 July 1988

    Committee

    Executive Comment Requested from USDA.

    Source: Committee

  2. 12 July 1988

    Committee

    Subcommittee on Conservation Credit and Rural Development Discharged.

    Source: Committee

  3. 12 July 1988

    Introduced

    Referred to House Committee on Agriculture.

    Source: IntroReferral

  4. 12 July 1988

    Referred

    Referred to Subcommittee on Conservation Credit and Rural Development.

    Source: Committee

  5. 12 July 1988

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  6. 12 July 1988

    Introduced

    Introduced in House

    Source: IntroReferral

  7. 12 July 1988

    Introduced

    Introduced in House

    Source: IntroReferral

  8. 13 July 1988

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  9. 14 July 1988

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  10. 26 July 1988

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  11. 27 July 1988

    Reported

    Rules Committee Resolution H.Res.504 Reported to House.

    Source: Floor

  12. 27 July 1988

    Introduced

    Referred to House Committee on Appropriations Sequentially, for a Period not to Exceed Fifteen Legislative Days.

    Source: IntroReferral

  13. 27 July 1988

    Reported

    Reported to House (Amended) by House Committee on Agriculture. Report No: 100-800 (Part I).

    Source: Committee

  14. 27 July 1988

    Reported

    Reported to House (Amended) by House Committee on Agriculture. Report No: 100-800 (Part I).

    Source: Committee

  15. 27 July 1988

    Floor

    Committee on Rules Granted a Modifed Open Rule Providing One Hour of General Debate; Waiving All Points of Order.

    Source: Floor

  16. 28 July 1988

    Introduced

    Received in the Senate.

    Source: IntroReferral

  17. 28 July 1988

    Vote

    Passed House (Amended) by Yea-Nay Vote: 368 - 29 (Record Vote No: 249).

    Source: Floor

  18. 28 July 1988

    Vote

    Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 368 - 29 (Record Vote No: 249).

    Source: Floor

  19. 28 July 1988

    Floor

    Called up by House by Rule.

    Source: Floor

  20. 28 July 1988

    Passed

    Rule Passed House.

    Source: Floor

  21. 29 July 1988

    ResolvingDifferences

    Senate insists on its amendments, asks for a conference, appoints conferees Leahy; Melcher; Pryor; Boren; Heflin; Lugar; Dole; Cochran; Boschwitz.

    Source: ResolvingDifferences

  22. 29 July 1988

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

  23. 29 July 1988

    Passed

    Passed/agreed to in Senate: Passed Senate in lieu of S. 2631 with an amendment by Voice Vote.

    Source: Floor

  24. 3 August 1988

    ResolvingDifferences

    Conference held.

    Source: ResolvingDifferences

  25. 3 August 1988

    ResolvingDifferences

    Conference committee actions: Conference held.

    Source: ResolvingDifferences

  26. 3 August 1988

    Passed

    House Agreed to Request for Conference and Speaker Appointed Conferees: de la Garza, Jones (TN), Brown (CA), Rose, Panetta, Huckaby, Glickman, Stenholm, Volkmer, Madigan, Jeffords, Coleman (MO), Marlenee, Hopkins, Stangeland.

    Source: ResolvingDifferences

  27. 3 August 1988

    Passed

    House Disagreed to Senate Amendments by Unanimous Consent.

    Source: ResolvingDifferences

  28. 3 August 1988

    Passed

    Resolving differences -- House actions: House Disagreed to Senate Amendments by Unanimous Consent.

    Source: NotUsed

  29. 3 August 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

  30. 4 August 1988

    Passed

    Conferees agreed to file conference report.

    Source: ResolvingDifferences

  31. 4 August 1988

    Passed

    Conference committee actions: Conferees agreed to file conference report.

    Source: ResolvingDifferences

  32. 8 August 1988

    ResolvingDifferences

    Conference report considered in Senate.

    Source: ResolvingDifferences

  33. 8 August 1988

    Vote

    Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 92-0. Record Vote No: 279.

    Source: ResolvingDifferences

  34. 8 August 1988

    ResolvingDifferences

    Conference Report 100-830 Filed in House.

    Source: ResolvingDifferences

  35. 8 August 1988

    ResolvingDifferences

    Conference report filed: Conference Report 100-830 Filed in House.

    Source: ResolvingDifferences

  36. 9 August 1988

    Vote

    House Agreed to Conference Report by Yea-Nay Vote: 383 - 18 (Record Vote No: 270).

    Source: ResolvingDifferences

  37. 9 August 1988

    Vote

    Conference report agreed to in House: House Agreed to Conference Report by Yea-Nay Vote: 383 - 18 (Record Vote No: 270).

    Source: ResolvingDifferences

  38. 10 August 1988

    Floor

    Measure Signed in Senate.

    Source: Floor

  39. 11 August 1988

    Became law

    Became Public Law No: 100-387.

    Source: President

  40. 11 August 1988

    Became law

    Signed by President.

    Source: BecameLaw

  41. 11 August 1988

    President

    Signed by President.

    Source: President

  42. 11 August 1988

    Floor

    Presented to President.

    Source: Floor

  43. 11 August 1988

    President

    Presented to President.

    Source: President

Votes

· Official source

Yes 0 · No 0 · Abstain — · Absent/not voting 0

    Versions

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    Documents

    3 official files

    Public Law (PDF)

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    • Public Law (PDF)

      Public Law · EN · 12 August 1988

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    • Conference report filed in House

      summary · EN · 8 August 1988

      Open at official source

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    • Introduced in House

      summary · EN · 12 July 1988

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