II 118th CONGRESS 2d Session S. 4203 IN THE SENATE OF THE UNITED STATES April 30, 2024 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to establish a program to provide emergency relief to producers that experienced losses as a result of disasters occurring in 2023, and for other purposes.

1. Short title This Act may be cited as the Agricultural Emergency Relief Act of 2024 . 2. Emergency Relief Program (a) In general The Secretary of Agriculture (referred to in this section as the Secretary ) shall carry out a program under which the Secretary shall provide payments to producers that experienced losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2023, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, including a polar vortex, smoke exposure, quality losses of crops, excessive moisture, and other similar causes of loss occurring in calendar year 2023. (b) Terms and conditions Except as otherwise provided in this section, the Secretary shall carry out the program required under subsection (a) under the same terms and conditions provided under Phase 1 of the Emergency Relief Program in effect for 2020 and 2021 and first announced in the notification of funding availability published by the Department of Agriculture entitled Notice of Funds Availability; Emergency Relief Program (ERP) (87 Fed. Reg. 30164 (May 18, 2022)). (c) Treatment of certain losses The Secretary shall provide payments to producers under the program required under subsection (a) in a manner consistent with subsection (b) in the case of— (1) quality losses; (2) losses for which a producer did not have coverage under— (A) a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ); or (B) the noninsured crop disaster assistance program established under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); (3) losses for which a producer did not receive an indemnity or payment under— (A) a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ); or (B) the noninsured crop disaster assistance program established under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (4) types of losses of crops covered under Phase 2 of the Emergency Relief Program established under subpart S of part 760 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Additional terms and conditions The Secretary shall carry out the program required under subsection (a) in accordance with the first and third through twelfth provisos under the heading Office of the Secretary under the heading Processing, Research and Marketing under the heading Agricultural Programs in title I of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43 ; 135 Stat. 356), as those provisos were implemented for 2020 and 2021, except that— (1) the amount available under the third proviso shall be determined pursuant to subsection (f); and (2) each reference to 2020 or 2021 in those provisos shall be deemed to be a reference to 2023. (e) Other requirements (1) Payment eligibility and amount In determining eligibility for a payment under the program required under subsection (a), including the amount of that payment, the Secretary shall only consider— (A) the losses described in subsection (a); (B) indemnities received and premiums paid under a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ); and (C) financial assistance received and fees paid under the noninsured crop disaster assistance program established under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (2) Payment limitations or reductions The Secretary shall not impose any limitation on or reduction in payments to a producer that is not authorized by this section. (f) Funding There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.