I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Agricul5 tural Disaster Assistance Act of 2004’’. 

6 SEC. 2. CROP LOSS ASSISTANCE. 

7 (a) IN GENERAL.—The Secretary of Agriculture (re8 ferred to in this Act as the ‘‘Secretary’’) shall use such 

9 sums as are necessary of the funds of the Commodity 

10 Credit Corporation to make emergency financial assist-
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1 ance available to producers on a farm that have incurred 

2 losses in a 2004 crop due to a disaster, as determined 

3 by the Secretary. 

4 (b) ADMINISTRATION.—Subject to subsection (a), the 

5 Secretary shall make assistance available under this sec6 tion in the same manner as provided under section 1102 

7 of the Agriculture, Rural Development, Food and Drug 

8 Administration, and Related Agencies Appropriations Act, 

9 1999 (7 U.S.C. 1421 note; Public Law 105–277), includ10 ing using the same loss thresholds as were used in admin11 istering that section. 

12 (c) QUALIFYING LOSSES.—Assistance under this sec13 tion may be made for losses associated with crops that 

14 are, as determined by the Secretary—

15 (1) quantity losses; 

16 (2) quality losses; or 

17 (3) severe economic losses due to damaging 

18 weather or related condition. 

19 (d) CROPS COVERED.—Assistance under this section 

20 shall be applicable to losses for all crops (including losses 

21 of trees from which a crop is harvested, livestock, and fish22 eries), as determined by the Secretary, due to disasters. 

23 (e) CROP INSURANCE.—In carrying out this section, 

24 the Secretary shall not discriminate against or penalize 

25 producers on a farm that have purchased crop insurance 
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1 under the Federal Crop Insurance Act (7 U.S.C. 1501 et 

2 seq.). 

3 SEC. 3. COMMODITY CREDIT CORPORATION. 

4 The Secretary shall use the funds, facilities, and au5 thorities of the Commodity Credit Corporation to carry 

6 out this Act. 

7 SEC. 4. EMERGENCY DESIGNATION. 

8 The entire amount made available under this Act is 

9 designated by Congress as an emergency requirement pur10 suant to section 402 of S. Con. Res. 95 (108th Congress), 

11 as made applicable to the House of Representatives by H. 

12 Res. 649 (108th Congress). 

13 SEC. 5. REGULATIONS. 

14 (a) IN GENERAL.—The Secretary may promulgate 

15 such regulations as are necessary to implement this Act. 

16 (b) PROCEDURE.—The promulgation of the regula17 tions and administration of this Act shall be made without 

18 regard to—

19 (1) the notice and comment provisions of sec20 tion 553 of title 5, United States Code; 

21 (2) the Statement of Policy of the Secretary of 

22 Agriculture effective July 24, 1971 (36 Fed. Reg. 

23 13804), relating to notices of proposed rulemaking 

24 and public participation in rulemaking; and 
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1 (3) chapter 35 of title 44, United States Code 

2 (commonly known as the ‘‘Paperwork Reduction 

3 Act’’). 

4 (c) CONGRESSIONAL REVIEW OF AGENCY RULE5 MAKING.—In carrying out this section, the Secretary shall 

6 use the authority provided under section 808 of title 5, 

7 United States Code.

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