H.R. 5203House108th Congress (2003-2005)In Committee

Emergency Agricultural Disaster Assistance Act of 2004

Introduced October 4, 2004

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Agriculture.

October 4, 2004

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HouseIntro Referral

Introduced in House

October 4, 2004

HouseIntro Referral

Referred to the House Committee on Agriculture.

October 4, 2004

Floor Debate

24 members

What members said about H.R. 5203 on the floor

13 Republicans11 Democrats
C. W. Bill Young
Rep. C. W. Bill YoungR-FL-10 · Oct 6, 2004

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, H.R. 5212 is a bill to further respond to the devastation brought upon the State of Florida and other neighboring States by…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me this time, and I first want to commend the chairman and the committee for the manner in which they have attempted to deal with a very serious…

David R. Obey
Rep. David R. ObeyD-WI-7 · Oct 6, 2004

Mr. Chairman, I yield 3 minutes to the distinguished gentleman from Florida (Mr. Boyd). Mr. Chairman, I yield 2\1/2\ minutes to the distinguished gentlewoman from New York (Mrs. Lowey). Mr. Chairman,…

Carolyn C. Kilpatrick
Rep. Carolyn C. KilpatrickD-MI-13 · Oct 6, 2004

Mr. Chairman, I thank the gentleman from Florida (Mr. Young), our senior chairman for the Committee on Appropriations, and the gentleman from Wisconsin (Mr. Obey), our ranking member, for bringing…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Oct 6, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself of such time as I may consume. Mr. Chairman, I first want to congratulate the distinguished chairman of the Committee on…

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Jesse L. Jackson, Jr.
Rep. Jesse L. Jackson, Jr.D-IL-2 · Oct 6, 2004

Mr. Chairman, this emergency supplemental should contain funding for African Union peace keepers in Sudan to address the worst humanitarian crisis in the world today, but it does not. Six thousand to…

Randy Neugebauer
Rep. Randy NeugebauerR-TX-19 · Oct 6, 2004

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this amendment represents a fiscally responsible approach to agriculture disaster…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Oct 6, 2004

Mr. Chairman, I appreciate the gentleman's courtesy in permitting me to speak on this bill. I rise in support of it. Our hearts again go out to the victims of natural disasters like the hurricane in…

Mark Foley
Rep. Mark FoleyR-FL-16 · Oct 6, 2004

Mr. Chairman, I thank the gentleman from Florida (Chairman Young) for his hard work on behalf of Floridians. I want to thank the White House, and I want to thank the President specifically and…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Oct 6, 2004

Mr. Chairman, I rise in appreciation for the work of the gentleman from Florida (Chairman Young) and the gentleman from Wisconsin (Ranking Member Obey) in responding to the crisis in Florida, but I…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Oct 6, 2004

Mr. Chairman, first, I thank the distinguished Gentleman (Mr. Hastings) for yielding and for his leadership on the Rules Committee. The funding level for hurricane-ravaged Caribbean countries is…

Allen Boyd
Rep. Allen BoydD-FL-2 · Oct 6, 2004

Mr. Chairman, I want to thank my Ranking Member, the gentleman from Wisconsin (Mr. Obey), for yielding me this time. Again, let me thank the gentleman from Florida (Chairman Young) my friend, who did…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 6, 2004

Mr. Chairman, I thank my friend from Wisconsin (Mr. Obey) for yielding me time. Mr. Chairman, it is regrettable that this bill fails to provide even a modest amount for the gravest humanitarian…

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Dave Weldon
Rep. Dave WeldonR-FL-15 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me time, and I want to commend him for bringing this work and this piece of legislation to the floor. The past 6 weeks for me in the congressional…

Tom Feeney
Rep. Tom FeeneyR-FL-24 · Oct 6, 2004

Mr. Chairman, I thank the courageous gentleman from Texas (Mr. Hensarling) for the great job he is doing trying to contain Federal spending, and I really do want to thank our appropriations chairman.…

Jeff Miller
Rep. Jeff MillerR-FL-1 · Oct 6, 2004

Mr. Chairman, I thank the chairman, and I rise this evening in support of H.R. 5212. I thank the chairman on behalf of the 630,000 resilient folks of Florida's Emerald Coast, home to America's first…

Jim Kolbe
Rep. Jim KolbeR-AZ-8 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me time. I want to comment on the gentlewoman's remarks that just preceded me, my distinguished friend and colleague, the gentlewoman from New York…

Jim Davis
Rep. Jim DavisD-FL-11 · Oct 6, 2004

Mr. Chairman, I represent the Tampa Bay area, adjacent to the gentleman from Florida's (Mr. Young) district. The community I represent went through four separate preparations for these horrific…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me this time, and I rise in support of H.R. 5212, the Supplemental Appropriations Act, which provides disaster relief for damage caused by hurricanes…

Katherine Harris
Rep. Katherine HarrisR-FL-13 · Oct 6, 2004

Mr. Chairman, I rise in support of H.R. 5212, which provides the people of Florida with the emergency assistance they need and deserve. As I have visited emergency operations centers, Red Cross…

Henry Bonilla
Rep. Henry BonillaR-TX-23 · Oct 6, 2004

Mr. Chairman, I rise in strong support of the Neugebauer amendment. This is a hard chore to accomplish. The gentleman from Texas (Mr. Neugebauer) has been working day and night to make this work.…

E. Clay Shaw Jr.
Rep. E. Clay Shaw Jr.R-FL-22 · Oct 6, 2004

Mr. Chairman, I would like to speak just a moment to the comments of my friend, the gentleman from Maryland (Mr. Hoyer). What he said about the suffering in Africa is absolutely correct, but that has…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Oct 6, 2004

Mr. Chairman, obviously we would prefer to provide assistance without offsets, but the reality of the situation is that there will be no disaster money before we go home unless we provide budget…

Chris Chocola
Rep. Chris ChocolaR-IN-2 · Oct 6, 2004

Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, I rise tonight in strong support of this amendment, but the reality is, this amendment should never have had to be offered in…

Bill Text

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Introduced in HouseIssued October 4, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5203 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 5203

To provide emergency agricultural disaster assistance.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 4, 2004

Mr. Stenholm (for himself, Mr. Rehberg, Mr. Etheridge, Mr. Everett, Mr.
Berry, Mr. Boswell, Mr. Edwards, Mr. Osborne, Mr. Pomeroy, Mr. Davis of
Tennessee, Mr. Peterson of Minnesota, and Mr. Neugebauer) introduced
the following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

A BILL

To provide emergency agricultural disaster assistance.

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 DISASTER ASSISTANCE.

(a) Definitions.--In this section:
(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) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture (referred to in this Act as 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 producers on a farm that have incurred
qualifying crop or quality losses for the 2003 or 2004 crop (as elected
by a producer), but not both, due to damaging weather or related
condition, as determined by the Secretary.
(c) Administration.--The Secretary shall make assistance available
under this section 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 the
quantity and quality losses as were used in administering that section.
(d) Reduction in Payments.--The amount of assistance that a
producer would otherwise receive for a qualifying crop or quality loss
under this section shall be reduced by the amount of assistance that
the producer receives under the crop loss assistance program announced
by the Secretary on August 27, 2004.
(e) Ineligibility for Assistance.--Except as provided in subsection
(f), 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; and
(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.
(f) Contract Waiver.--The Secretary may waive subsection (e) 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 an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(2) in the case of a noninsurable commodity, to file the
required paperwork and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next 2 crops under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(g) Effect of Violation.--In the event of the violation of a
contract under subsection (f) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance provided
to the producer under this section.

SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.

(a) In General.--The Secretary shall use such sums as are necessary
of funds of the Commodity Credit Corporation to make and administer
payments for livestock losses to producers for 2003 or 2004 losses (as
elected by a producer), but not both, in a county that has received an
emergency designation by the President or the Secretary after January
1, 2003, of which an amount determined by the Secretary shall be made
available for the American Indian livestock program 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).
(b) Administration.--The Secretary shall make assistance available
under this section 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 the livestock
assistance program, the Secretary shall not penalize a producer that
takes actions (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.

SEC. 4. TREE ASSISTANCE PROGRAM.

The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide assistance under the tree
assistance program established under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 to producers who suffered
tree losses during the winter of 2003 through 2004.

SEC. 5. COMMODITY CREDIT CORPORATION.

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

SEC. 6. 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.

SEC. 7. EMERGENCY DESIGNATION.

Amounts appropriated or otherwise made available in this Act are
each designated 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) and applicable to the
Senate by section 14007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1014). However, such amounts
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement, is transmitted by the President to the Congress.
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