109th CONGRESS
1st Session
S. 2009
To provide assistance to agricultural producers whose operations
were severely damaged by the hurricanes of 2005.
IN THE SENATE OF THE UNITED STATES
November 15, 2005
Mr. MARTINEZ (for himself and Mr. NELSON of Florida) introduced the following
bill; which was read twice and referred to the Committee on Finance
A BILL
To provide assistance to agricultural producers whose operations
were severely damaged by the hurricanes of 2005.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Agriculture Hurricane Recovery
Act of 2005'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CROP ASSISTANCE
Sec. 101. Crop disaster assistance.
Sec. 102. Nursery crops and tropical fruit producers.
Sec. 103. Citrus and vegetable assistance.
Sec. 104. Sugar producers.
TITLE II--LIVESTOCK ASSISTANCE
Sec. 201. Livestock assistance program.
TITLE III--FORESTRY
Sec. 301. Tree assistance program.
TITLE IV--CONSERVATION
Sec. 401. Emergency conservation program.
TITLE V--LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS
Sec. 501. Emergency grants for low-income migrant and seasonal farmworkers.
TITLE VI--FISHERIES
Sec. 601. Fisheries assistance.
TITLE VII--TIMBER TAX RELIEF
Sec. 701. Timber tax relief for businesses affected by certain natural
disasters.
TITLE VIII--MISCELLANEOUS
Sec. 801. Infrastructure losses.
Sec. 802. Commodity Credit Corporation.
Sec. 803. Emergency designation.
SEC. 2. DEFINITIONS.
Except as otherwise provided in this Act, in this Act:
(1) ADDITIONAL COVERAGE- The term `additional coverage' has the meaning
given the term in section 502(b) of the Federal Crop Insurance Act (7
U.S.C. 1502(b)).
(2) CATASTROPHIC RISK PROTECTION- The term `catastrophic risk protection'
means the level of insurance coverage provided under section 508(b) of
the Federal Crop Insurance Act (7 U.S.C. 1508(b)).
(3) DISASTER COUNTY- The term `disaster county' means a county included
in the geographic area covered by a natural disaster declaration due to
hurricanes in calendar year 2005--
(A) made by the Secretary under section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)) due to hurricanes in calendar
year 2005; or
(B) made by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(4) INSURABLE COMMODITY- The term `insurable commodity' means an agricultural
commodity for which producers are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(5) NONINSURABLE COMMODITY- The term `noninsurable commodity' means an
eligible crop for which producers are eligible to obtain assistance under
section 196 of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333).
(6) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
TITLE I--CROP ASSISTANCE
SEC. 101. CROP DISASTER ASSISTANCE.
(a) Emergency Assistance-
(1) IN GENERAL- The Secretary shall use such sums as are necessary of
funds of the Commodity Credit Corporation to make emergency assistance
under this section to producers on a farm or aquaculture operation (other
than producers of sugarcane) that meet the eligibility criteria of paragraph
(2) in the same manner as provided under section 815 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including
using the same loss thresholds for quantity and quality losses as were
used in administering that section.
(2) ELIGIBILITY CRITERIA- For producers described in paragraph (1) to
be eligible for emergency assistance under this section--
(A) the farm or aquaculture operation must be located in a disaster
county; and
(B) the producers must have incurred qualifying crop or quality losses
with respect to the 2004, 2005, or 2006 crop (as elected by a producer),
but limited to only 1 such crop, due to damaging weather or related
condition, as determined by the Secretary.
(3) LIMITATION- Qualifying crop losses for the 2006 crop are limited to
only those losses caused by a hurricane or tropical storm occurring during
the 2005 hurricane season in disaster counties.
(b) Ineligibility for Assistance- Except as provided in subsection (c),
the producers on a farm shall not be eligible for assistance under this
section with respect to losses to an insurable commodity or noninsurable
commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a policy or
plan of insurance for the insurable commodity under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses;
(2) in the case of a noninsurable commodity, did not file the required
paperwork, and pay the administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses;
(3) had an average adjusted gross income (as defined in section 1001D
of the Food Security Act of 1985 (7 U.S.C. 1308-3a)) of greater than $2,500,000;
or
(4) were not in compliance with highly erodible land conservation and
wetland conservation provisions under subtitles B and C of title XII of
the Food Security Act of 1985 (16 U.S.C. 3811 et seq.).
(c) Contract Waiver- The Secretary may waive subsection (b) with respect
to the producers on a farm if the producers enter into a contract with the
Secretary under which the producers agree--
(1) in the case of all insurable commodities produced on the farm for
each of the next 2 crop years--
(A) to obtain additional coverage for those commodities under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to repay to the Secretary
any payment received under this section; and
(2) in the case of all noninsurable commodities produced on the farm for
each of the next 2 crop or calendar years, as applicable--
(A) to file the required paperwork, and pay the administrative fee by
the applicable State filing deadline, for those commodities under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); and
(B) in the event of violation of the contract, to repay to the Secretary
any payment received under this section.
(1) LIMIT ON AMOUNT OF ASSISTANCE- Assistance provided under this section
to the producers on a farm for losses to a crop, together with the amounts
specified in paragraph (2) applicable to the same crop, may not exceed
95 percent of what the value of the crop would have been in the absence
of the losses, as estimated by the Secretary.
(2) OTHER PAYMENTS- In applying the limitation in paragraph (1), the Secretary
shall include the following:
(A) Any crop insurance payment made under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
the producers on the farm receive for losses to the same crop.
(B) The value of the crop that was not lost (if any), as estimated by
the Secretary.
(e) Crop Insurance Deductibles- For the purpose of determining crop insurance
payments under this section, the Secretary shall consider Hurricane Wilma
as having occurred during the 2005 crop year.
SEC. 102. NURSERY CROPS AND TROPICAL FRUIT PRODUCERS.
(a) Emergency Financial Assistance- Notwithstanding section 508(b)(7) of
the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary shall
use such sums as are necessary of funds of the Commodity Credit Corporation
to make emergency financial assistance available to--
(1) commercial ornamental nursery and fernery producers in a disaster
county for eligible inventory losses due to hurricanes in calendar year
2005; and
(2) tropical fruit producers in a disaster county who have suffered a
loss of 35 percent or more relative to their expected production (as defined
in section 1480.3 of title 7, Code of Federal Regulations (or a successor
regulation)) due to hurricanes in calendar year 2005.
(1) DETERMINATION OF COMMERCIAL OPERATIONS- For a nursery or fernery producer
to be considered a commercial operation for purposes of subsection (a)(1)
or (d)(1), the producer must be registered as a nursery or fernery producer
in the State in which the producer conducts business.
(2) DETERMINATION OF ELIGIBLE INVENTORY- For purposes of subsection (a)(1),
eligible nursery and fernery inventory includes foliage, floriculture,
and woody ornamental crops, including--
(A) stock used for propagation; and
(B) fruit or nut seedlings grown for sale as seed stock for commercial
orchard operations growing fruit or nuts.
(c) Calculation of Losses and Payments-
(1) NURSERY AND FERNERY PRODUCERS-
(A) IN GENERAL- For purposes of subsection (a)(1)--
(i) inventory losses for a nursery or fernery producer shall be determined
on an individual-nursery or -fernery basis; and
(ii) the Secretary shall not offset inventory losses at 1 nursery
or fernery location by salvaged inventory at another nursery or fernery
operated by the same producer.
(B) AMOUNT- The amount of payment to a nursery or fernery producer under
subsection (a)(1) shall be equal to the product obtained by multiplying
(as determined by the Secretary)--
(i) the difference between the pre-disaster and post-disaster inventory
value, as determined by the Secretary using the wholesale price list
of the producer, less the maximum customer discount provided by the
producer, and not to exceed the prices in the Department of Agriculture
publication entitled `Eligible Plant List and Price Schedule';
(iii) the producer's share of the loss.
(2) TROPICAL FRUIT PRODUCERS- The amount of a payment to a tropical fruit
producer under subsection (a)(2) shall be equal to the product obtained
by multiplying (as determined by the Secretary)--
(A) the number of acres affected;
(B) the payment rate; and
(C) the producer's share of the crop.
(3) PAYMENT LIMITATION- The Secretary shall not impose any payment limitation
on an assistance payment made to a nursery, fernery, or tropical fruit
producer under paragraph (1) or (2) of subsection (a).
(d) Debris-Removal Assistance-
(1) AVAILABILITY OF ASSISTANCE- The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation to make emergency
financial assistance available to commercial ornamental nursery and fernery
producers in a disaster county to help cover costs incurred for debris
removal and associated cleanup due to hurricanes in calendar year 2005.
(2) AMOUNT OF ASSISTANCE-
(A) IN GENERAL- Assistance under this subsection may not exceed the
actual costs incurred by the producer for debris removal and cleanup
or $250 per acre, whichever is less.
(B) NO ADDITIONAL PAYMENT LIMITATIONS- Except as provided in subparagraph
(A), the Secretary shall not impose any limitation on the maximum amount
of payments that a producer may receive under this subsection.
(1) IN GENERAL- Except as provided in paragraph (2), in carrying out this
section, the Secretary shall not discriminate against or penalize producers
that did not purchase crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) with respect to an insurable commodity or
did not file the required paperwork, and pay the administrative fee by
the applicable State filing deadline, for assistance under section 196
of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) with respect to a noninsurable commodity.
(2) PENALTY- In the case of a producer described in paragraph (1)--
(A) payment rates under this section shall be reduced by 5 percent;
and
(B) the producer shall comply with subsection (f).
(f) Contract to Procure Crop Insurance or NAP- In the case of a producer
described in subsection (e)(1) who receives any assistance under this section,
the producer shall be required to enter into a contract with the Secretary
under which the producer agrees--
(1) in the case of all insurable commodities grown by the producer during
the next available coverage period--
(A) to obtain at least catastrophic risk protection for those commodities
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to repay to the Secretary
any payment received under this section; and
(2) in the case of all noninsurable commodities grown by the producer
during the next available coverage period--
(A) to file the required paperwork, and pay the administrative fee by
the applicable State filing deadline, for those commodities under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); and
(B) in the event of violation of the contract, to repay to the Secretary
any payment received under this section.
(g) Relation to Other Assistance-
(1) LINK TO ACTUAL LOSSES- Assistance provided under subsection (a) to
a producer for losses to a crop, together with the amounts specified in
paragraph (2) applicable to the same crop, may not exceed 100 percent
of what the value of the crop would have been in the absence of the losses,
as estimated by the Secretary.
(2) OTHER PAYMENTS- In applying the limitation in paragraph (1), the Secretary
shall include the following:
(A) Any crop insurance payment made under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal
Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
the producer receives for losses to the same crop.
(B) Assistance received under any other emergency crop loss authority.
(C) The value of the crop that was not lost (if any), as estimated by
the Secretary.
(h) Adjusted Gross Income Limitation- The average adjusted gross income
limitation specified in section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), shall apply to assistance provided under this section.
SEC. 103. CITRUS AND VEGETABLE ASSISTANCE.
Notwithstanding any other provision of this Act or any other law, the Secretary
shall use such sums as are necessary of funds of the Commodity Credit Corporation
to make emergency financial assistance authorized under this section available
to both citrus and vegetable producers to carry out an assistance program
similar to the program entitled the `Florida Citrus Disaster Program', described
at 69 Fed. Reg. 63134, October 29, 2004, Document No. 04-24290 (relating
to Florida citrus, fruit, vegetable, and nursery crop disaster programs),
except that qualifying crop losses shall be limited to those losses caused
by a hurricane or tropical storm occurring during the 2005 hurricane season
in a disaster county.
SEC. 104. SUGAR PRODUCERS.
The Secretary shall use $395,000,000 of the funds of the Commodity Credit
Corporation to make payments to processors in Florida and Louisiana that
are eligible to obtain a loan under section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to compensate first
processors and producers for crop and other losses that are related to hurricanes,
tropical storms, excessive rains, and floods occurring during calendar year
2005, to be calculated and paid on the basis of losses on 40-acre harvesting
units, in disaster counties, on the same terms and conditions, to the maximum
extent practicable, as payments made under section 102 of the Emergency
Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005
(Public Law 108-324; 118 Stat. 1235).
TITLE II--LIVESTOCK ASSISTANCE
SEC. 201. LIVESTOCK ASSISTANCE PROGRAM.
(a) Emergency Financial Assistance-
(1) IN GENERAL- The Secretary shall use such sums as are necessary of
funds of the Commodity Credit Corporation to make payments for livestock
losses to producers for 2005 or 2006 losses (as elected by a producer),
but not both, in a county that has received an emergency disaster designation
by the President after January 1, 2004.
(2) RESTRICTION- In determining eligibility for assistance under this
section, the Secretary shall not use the end date of the normal grazing
period to determine the threshold of a 90-day loss of carrying capacity.
(b) Administration- Except as provided in subsection (a), the Secretary
shall make assistance available under this subsection in the same manner
as provided under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public
Law 106-387; 114 Stat. 1549A-51).
(c) Mitigation- In determining the eligibility for or amount of payments
for which a producer is eligible under this section, the Secretary shall
not penalize a producer that takes actions (including recognizing disaster
conditions) that reduce the average number of livestock the producer owned
for grazing during the production year for which assistance is being provided.
(d) Inclusion of Poultry- In providing assistance under this section, the
Secretary shall include poultry within the definition of `livestock'.
TITLE III--FORESTRY
SEC. 301. TREE ASSISTANCE PROGRAM.
(a) Specific Inclusion of Nursery Trees, Christmas Trees, Timber and Forest
Products- Section 10201 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8201) is amended by striking paragraph (1) and inserting
the following:
`(1) ELIGIBLE ORCHARDIST- The term `eligible orchardist' means--
`(A) a person that produces annual crops from trees for commercial purposes;
`(B) a nursery grower that produces field-grown trees, container-grown
trees, or both, whether or not the trees produce an annual crop, intended
for replanting after commercial sale; or
`(C) a forest landowner who produces periodic crops of timber, Christmas
trees, or pecan trees for commercial purposes.'.
(b) Application of Amendment- The Secretary shall apply the amendment made
by subsection (a) beginning in disaster counties.
(c) Cost-Sharing Waivers-
(1) TREE ASSISTANCE PROGRAM- The cost-sharing requirements of section
10203(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8203(1)) shall not apply to the operation of the tree assistance program
in disaster counties in response to the hurricanes of calendar year 2005.
(2) COOPERATIVE FORESTRY ASSISTANCE ACT- The cost-sharing requirements
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et
seq.) shall not apply in disaster counties during the 2-year period beginning
on the date of enactment of this Act.
(3) REFORESTATION- In carrying out the tree assistance program under subtitle
C of title X of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8201 et seq.), the Secretary shall provide such funds as are necessary
to compensate forest owners that--
(A) produce periodic crops of timber or Christmas trees for commercial
purposes; and
(B) have suffered tree losses in disaster counties.
TITLE IV--CONSERVATION
SEC. 401. EMERGENCY CONSERVATION PROGRAM.
(a) Specific Inclusion of Nursery and Fernery Producers and Interior Fences-
Section 401 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201) is amended--
(1) by striking `sec. 401. The Secretary' and inserting the following:
`SEC. 401. PAYMENTS TO AGRICULTURAL PRODUCERS FOR WIND EROSION CONTROL
OR REHABILITATION MEASURES.
`(a) In General- The Secretary'; and
(2) by adding at the end the following:
`(b) Inclusions- In this title:
`(1) AGRICULTURAL PRODUCER- The term `agricultural producer' includes
a producer of nursery or fernery crops.
`(2) INTERIOR FENCES- The term `fences' includes both perimeter pasture
and interior corral fences.'.
(b) Application of Amendment- The Secretary shall apply the amendment made
by subsection (a)(2) beginning in disaster counties.
(c) Compensation- The Secretary shall use funds of the Commodity Credit
Corporation to compensate producers on a farm operating in a disaster county
for costs associated with repairing structures, barns, storage facilities,
poultry houses, beehives, greenhouses, and shade houses due to hurricane
damage in calendar year 2005.
TITLE V--LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS
SEC. 501. EMERGENCY GRANTS FOR LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS.
(a) In General- The Secretary shall use $40,000,000 of funds of the Commodity
Credit Corporation, to remain available until December 31, 2007, to provide
emergency grants to assist low-income migrant and seasonal farmworkers under
section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990
(42 U.S.C. 5177a).
(b) Use of Grants- Grants provided under this section may be used to provide
such emergency services as the Secretary determines to be necessary, including--
(1) the repair of existing farmworker housing and construction of new
farmworker housing units to replace housing damaged as a result of hurricanes
during 2005; and
(2) the reimbursement of public agencies and private organizations for
emergency services provided to low-income migrant or seasonal farmworkers
after October 31, 2005.
TITLE VI--FISHERIES
SEC. 601. FISHERIES ASSISTANCE.
(a) Funds for Oyster Restoration-
(1) IN GENERAL- Not later than 30 days after the date of enactment of
this Act, out of any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary of Commerce
$10,000,000 to provide assistance for reseeding, rehabilitation, and restoration
of oyster reefs located in Alabama, Florida, Louisiana, or Mississippi.
(2) AVAILABILITY OF FUNDS- The funds transferred under paragraph (1) shall
remain available until September 30, 2007.
(3) RECEIPT AND ACCEPTANCE- The Secretary of Commerce shall be entitled
to receive, shall accept, and shall use as described in this section the
funds transferred under paragraph (1) without further appropriation.
(b) Funds for Fisheries Disaster Assistance-
(1) IN GENERAL- In addition to amounts appropriated or otherwise made
available, not later than 30 days after the date of enactment of this
Act, out of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of Commerce
$60,000,000 to provide fisheries disaster assistance.
(2) LIMITATION ON USE OF FUNDS- Of the funds transferred under paragraph
(1)--
(A) not more than 5 percent of such funds may be used for administrative
expenses; and
(B) none of such funds may be used for lobbying activities or representational
expenses.
(3) RECEIPT AND ACCEPTANCE- The Secretary of Commerce shall be entitled
to receive, shall accept, and shall use as described in this section the
funds transferred under paragraph (1) without further appropriation.
(c) Provision of Assistance-
(1) LUMP SUM PAYMENTS TO STATES- The Secretary of Commerce shall use the
funds transferred under this section to provide direct lump sum payments
to the States of Louisiana, Mississippi, Alabama, and Florida to provide
assistance to persons located in a disaster county who have experienced
significant economic hardship due to the loss of fisheries, oysters, lobsters,
stone crabs, or clams, destroyed or damaged processing facilities, or
closures due to red tide or other water quality issues.
(2) USE OF FUNDS- Funds transferred to the Secretary of Commerce under
this section shall be used to provide assistance--
(A) to individuals, with priority given to food, energy needs, housing
assistance, transportation fuel, and other urgent needs;
(B) to small businesses, including fishermen, fish processors, and related
businesses serving the fishing industry;
(C) to carry out activities related to domestic product marketing and
seafood promotion; and
(D) to carry out seafood testing programs operated by a State.
TITLE VII--TIMBER TAX RELIEF
SEC. 701. TIMBER TAX RELIEF FOR BUSINESSES AFFECTED BY CERTAIN NATURAL
DISASTERS.
(1) IN GENERAL- Section 1211 of the Internal Revenue Code of 1986 (relating
to limitation of capital losses) shall not apply to any qualified timber
loss.
(2) QUALIFIED TIMBER LOSS- For purposes of this subsection, the term `qualified
timber loss' means a loss with respect to timber which is attributable
to--
(b) Increased Expensing for Reforestation Expenditures-
(1) IN GENERAL- In applying section 194(b) of the Internal Revenue Code
of 1986 to any specified qualified timber property for the first taxable
year beginning after the date of the enactment of this section, subparagraph
(B) of section 194(b)(1) shall be applied--
(A) by substituting `$20,000' for `$10,000', and
(B) by substituting `$10,000' for `$5,000'.
(2) SPECIFIED QUALIFIED TIMBER PROPERTY- The term `specified qualified
timber property' means qualified timber property (within the meaning of
section 194(c)(1) of the Internal Revenue Code of 1986) which is located
in an area with respect to which a natural disaster has been declared
by the President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act as a result of--
TITLE VIII--MISCELLANEOUS
SEC. 801. INFRASTRUCTURE LOSSES.
(a) Infrastructure Losses- The Secretary shall compensate producers on a
farm in a disaster county for costs incurred to repair or replace barns,
greenhouses, shade houses, poultry houses, beehives, and other structures,
equipment, and fencing that--
(1) was used to produce or store any agricultural commodity; and
(2) was damaged or destroyed by the hurricanes of calendar year 2005.
(b) Timing of Assistance- The Secretary may provide assistance authorized
under this section in the form of--
(1) reimbursement for eligible repair or replacement costs previously
incurred by producers; or
(2) cash or in-kind assistance in advance of the producer undertaking
the needed repair or replacement work.
(c) Payment Limitations- Assistance provided under this section to a producer
for a repair or replacement project, together with amounts received for
the same project from insurance proceeds or other sources, may not exceed
95 percent of the costs incurred to repair or replace the damaged or destroyed
structures, equipment, or fencing, as estimated by the Secretary.
(d) Loan Eligibility- After approval of the county committee established
under section 8 of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h) for the county or other area in which the farming operation
is located, the producers on a farm in a disaster county shall be eligible
to receive an emergency loan under subtitle C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961 et seq.) regardless of whether the
producers satisfy the requirements of the first proviso of section 321(a)
of that Act (7 U.S.C. 1961(a)).
SEC. 802. COMMODITY CREDIT CORPORATION.
Except as otherwise provided in this Act--
(1) the Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act; and
(2) funds made available under this Act shall remain available until expended.
SEC. 803. EMERGENCY DESIGNATION.
The amounts provided under this Act or under amendments made by this Act
to respond to the hurricanes of calendar year 2005 are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
SEC. 804. REGULATIONS.
(a) In General- The Secretary may promulgate such regulations as are necessary
to implement this Act and the amendments made by this Act.
(b) Procedure- The promulgation of the regulations and administration of
this Act and the amendments made by 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
