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

July 20, 2004

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

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.

END