To amend the commodity provisions of the Food, Conservation, and Energy Act of 2008 to permit producers to aggregate base acres and reconstitute farms to avoid the prohibition on receiving direct payments, counter-cyclical payments, or average crop revenue election payments when the sum of the base acres of a farm is 10 acres or less, and for other purposes.
Public Law 110-398 · H.R. 6849 · 110th Congress · began in the House
Signed by George W. Bush (R) on Oct 13, 2008 · Agriculture and Food
Sponsor: Rep. Bob Etheridge (D-NC-2)
Cosponsors (61): Rep. Jerry Moran, Rep. Tim Holden,
Passage votes
- HouseUnanimous consent
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
(Sec. 1) Amends the Food, Conservation, and Energy Act of 2008 with respect to producers, including peanut producers, with 10 or fewer base acres to: (1) suspend a prohibition on direct payments, counter-cyclical payments, or average crop revenue election payments for crop year 2008; and (2) extend the 2008 signup deadline for direct payments, counter-cyclical payments, or average crop revenue election payments until the later of November 14, 2008, or the end of the 45-day period beginning on the date of enactment of this Act.
Directs the Secretary of Agriculture to ensure that no penalty is assessed against producers for failure to submit reports or comply with other program requirements as a result of compliance with the extended signup deadline.
Amends the Federal Crop Insurance Act to reduce FY2011 amounts available for Federal Crop Insurance Corporation information management upgrades.
(Sec. 2) Amends the Federal Crop Insurance Act, regarding the supplemental revenue assistance program (SURE), to define: (1) "actual production on the farm" as the sum of the value of all crops raised on the farm; and (2) "normal production on the farm" as the sum of the expected revenue for all crops on the farm.
Revises the definition of "disaster county" to include any farm in which the actual farm production is less than 50% of normal production.
Requires the actual production on a farm for at least one crop of economic significance to be reduced by at least 10% due to disaster, adverse weather, or disaster-related conditions in order to be eligible for crop loss assistance payments.
Excludes subsequently planted crops and uninsured crops in calculating the disaster assistance program guarantee. Adds provisions regarding normal and actual farm production.
Removes grazing land from SURE.
Funds the tree assistance program from the Agricultural Disaster Relief Trust Fund.
Sets forth: (1) a de minimis exception to the risk management purchase requirement; (2) a risk management purchase requirement waiver for crop year 2009; and (3) a payment limitation transition rule for crop year 2008.
Makes similar amendments to the Trade Act of 1974.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
The record lists no related bills.
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 23 actions.
- Oct 13, 2008Became lawBecame law · Became Public Law No: 110-398.
- Became lawBecame law · Signed by President.
- Oct 3, 2008FloorFloor · Presented to President.
- Sep 29, 2008Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · On motion that the House agree to the Senate amendment Agreed to without objection.
- Resolving differencesResolving differences · Mr. Etheridge asked unanimous consent that the House agree to the Senate amendment.
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- FloorFloor · Measure laid before Senate by unanimous consent.
- OtherOther · Cleared for White House.
- OtherOther · Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.
- Sep 25, 2008CommitteeCommittee · Received in the Senate, read twice.
- Sep 24, 2008FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 6849.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Etheridge moved to suspend the rules and pass the bill, as amended.
- CalendarCalendar · Placed on the Union Calendar, Calendar No. 572.
- CommitteeCommittee · Reported (Amended) by the Committee on Agriculture. H. Rept. 110-881.
- Sep 18, 2008CommitteeCommittee · Ordered to be Reported (Amended) by Voice Vote.
- CommitteeCommittee · Committee Consideration and Mark-up Session Held.
- Sep 9, 2008CommitteeCommittee · Referred to the House Committee on Agriculture.
- IntroducedIntroduced · Introduced in House
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
1 amendment offered to the bill, with the last recorded step of each.
- Agreed to
S.Amdt. 5679SenateSen. Tom HarkinD-IA· offered Sep 29, 2008Agreed to
In the nature of a substitute.
Sep 29, 2008: Amendment SA 5679 agreed to in Senate by Unanimous Consent.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.