[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4874 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4874

To provide emergency assistance to producers that have incurred losses 
                   in a 2004 crop due to a disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2004

   Mr. Ross introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To provide emergency assistance to producers that have incurred losses 
                   in a 2004 crop due to a disaster.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Agricultural Disaster 
Assistance Act of 2004''.

SEC. 2. CROP LOSS ASSISTANCE.

    (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall use such sums as are necessary of the 
funds of the Commodity Credit Corporation to make emergency financial 
assistance available to producers on a farm that have incurred losses 
in a 2004 crop due to a disaster, as determined by the Secretary.
    (b) Administration.--Subject to subsection (a), 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 as were used in administering that section.
    (c) Qualifying Losses.--Assistance under this section may be made 
for losses associated with crops that are, as determined by the 
Secretary--
            (1) quantity losses;
            (2) quality losses; or
            (3) severe economic losses due to damaging weather or 
        related condition.
    (d) Crops Covered.--Assistance under this section shall be 
applicable to losses for all crops (including losses of trees from 
which a crop is harvested, livestock, and fisheries), as determined by 
the Secretary, due to disasters.
    (e) 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.).

SEC. 3. COMMODITY CREDIT CORPORATION.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this Act.

SEC. 4. EMERGENCY DESIGNATION.

    The entire amount made available under this Act is designated by 
Congress as an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress).

SEC. 5. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.
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