Fair Access to Agriculture Disaster Programs Act

I 118TH CONGRESS 1ST SESSION H. R. 4127 To amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agriculture, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 14, 2023 Mr. PANETTA (for himself, Mrs. CAMMACK, Mr. AUSTIN SCOTT of Georgia, Ms. LOFGREN, Mr. DUARTE, Mr. LANGWORTHY, and Mr. EDWARDS) in- troduced the following bill; which was referred to the Committee on Agri- culture A BILL To amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agri- culture, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Access to Agri- 4 culture Disaster Programs Act’’. 5 VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4127.IH H4127 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4127 IH SEC. 2. EXCEPTION FOR INCOME DERIVED FROM AGRI- 1 CULTURE. 2 Section 1001D(b) of the Food Security Act of 1985 3 (7 U.S.C. 1308–3a(b)) is amended— 4 (1) in paragraph (1), by striking ‘‘paragraph 5 (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; and 6 (2) by adding at the end the following: 7 ‘‘(4) EXCEPTION.— 8 ‘‘(A) IN GENERAL.—In the case of an ex- 9 cepted payment or benefit, the limitation estab- 10 lished by paragraph (1) shall not apply to a 11 person or legal entity during a crop, fiscal, or 12 program year, as appropriate, if greater than or 13 equal to 75 percent of the average adjusted 14 gross income of the person or legal entity de- 15 rives from farming, ranching, or silviculture ac- 16 tivities (including agri-tourism, direct-to-con- 17 sumer marketing of agricultural products, the 18 sale of agricultural equipment owned by such 19 person or entity, and other agricultural related 20 activities, as determined by the Secretary). 21 ‘‘(B) EXCEPTED PAYMENT OR BENEFIT.— 22 For purposes of this paragraph, the term ‘ex- 23 cepted payment or benefit’ means— 24 VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4127.IH H4127 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4127 IH ‘‘(i) a payment or benefit under sub- 1 title E of title I of the Agricultural Act of 2 2014 (7 U.S.C. 9081 et seq.); and 3 ‘‘(ii) a payment or benefit under sec- 4 tion 196 of the Federal Agriculture Im- 5 provement and Reform Act of 1996 (7 6 U.S.C. 7333).’’. 7 Æ VerDate Sep 11 2014 04:58 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4127.IH H4127 pbinns on DSKJLVW7X2PROD with $$_JOB