[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4705 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4705

           To provide crop and livestock disaster assistance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

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

_______________________________________________________________________

                                 A BILL


 
           To provide crop and livestock 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 ``Agricultural Assistance Act of 
2004''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 3. 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.--
                    (A) In general.--The term ``insurable commodity'' 
                means an agricultural commodity 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.).
                    (B) Exclusion.--The term ``insurable commodity'' 
                does not include livestock.
            (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) Assistance Available.--The Secretary shall use such sums as are 
necessary of funds of the Commodity Credit Corporation to make 
emergency financial assistance available to producers on a farm that 
have incurred qualifying losses for the 2004 crop of an agricultural 
commodity due to damaging weather or related condition, as determined 
by the Secretary.
    (c) Administration.--
            (1) Use of former administrative authority.--Except as 
        provided in paragraph (2), 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 (as enacted into law by 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) Payment rate.--The payment rate for a crop for 
        assistance provided under this section to the producers on a 
        farm shall be calculated as follows:
                    (A) If the producers obtained a policy or plan of 
                insurance, including a catastrophic risk protection 
                plan, for the crop under the Federal Crop Insurance Act 
                (7 U.S.C. 1501 et seq.), 50 percent of the applicable 
                price for the crop.
                    (B) If a policy or plan of insurance, including a 
                catastrophic risk protection plan, for the crop was not 
                available to the producers under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of 
                the applicable price for the crop.
                    (C) Subject to subsections (d) and (e), if the 
                producers did not obtain a policy or plan of insurance, 
                including a catastrophic risk protection plan, 
                available for the crop under the Federal Crop Insurance 
                Act (7 U.S.C. 1501 et seq.), 40 percent of the 
                applicable price for the crop.
    (d) Ineligibility for Assistance.--Except as provided in subsection 
(e), 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.
    (e) Contract Waiver.--The Secretary may waive subsection (d) 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).
    (f) Effect of Violation.--In the event of the violation of a 
contract under subsection (e) by a producer, the producer shall 
reimburse the Secretary for the full amount of the assistance provided 
to the producer under this section.

SEC. 4. LIVESTOCK ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Disaster county.--The term ``disaster county'' means a 
        county included in the geographic area covered by a qualifying 
        natural disaster declaration for calendar year 2004.
            (2) Qualifying natural disaster declaration.--The term 
        ``qualifying natural disaster declaration'' means--
                    (A) a natural disaster declared by the Secretary 
                under section 321(a) of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1961(a)); or
                    (B) a major disaster or emergency designated by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    (b) Livestock Assistance Program.--
            (1) Assistance available.--
                    (A) In general.--Subject to subsection (c), the 
                Secretary shall use such sums as are necessary of funds 
                of the Commodity Credit Corporation to establish a 
                program under which payments are made to livestock 
                producers for losses in a disaster county.
                    (B) Criteria.--To carry out the program, the 
                Secretary shall use the criteria established to carry 
                out the 1999 Livestock Assistance Program, except that, 
                in lieu of the gross revenue criteria used for the 1999 
                Livestock Assistance Program, the Secretary shall use 
                the adjusted gross income limitation contained in 
                section 1001D of the Food Security Act of 1985 (7 
                U.S.C. 1308-3a).
    (c) Relationship of Livestock Assistance Programs.--The amount of 
assistance that the producers would otherwise receive for a loss under 
the livestock assistance program shall be reduced by the amount of the 
assistance that the producers receive under any other livestock 
assistance program, as determined by the Secretary.

SEC. 5. FUNDING.

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

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.
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