[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8409-H8410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5212

                       Offered By: Mr. Neugebauer

       Amendment No. 2: In section 101, strike the section heading 
     and subsection (a) and insert the following (and redesignate 
     existing subsections (b) through (f) accordingly):

     SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.

       (a) Crop Disaster Assistance.--
       (1) Definitions.--In this subsection:
       (A) 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)).
       (B) 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.).
       (C) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an agricultural commodity 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).
       (2) 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 shall use such sums 
     as are necessary of funds of the Commodity Credit Corporation 
     to make emergency financial assistance authorized under this 
     subsection 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 crops, due 
     to damaging weather or related condition, as determined by 
     the Secretary.
       (3) Administration.--The Secretary shall make assistance 
     available under this subsection 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.
       (4) Ineligibility for assistance.--Except as provided in 
     paragraph (5), the producers on a farm shall not be eligible 
     for assistance under this subsection with respect to losses 
     to an insurable commodity or noninsurable commodity if the 
     producers on the farm--
       (A) 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
       (B) 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.
       (5) Contract waiver.--The Secretary may waive paragraph (4) 
     with respect to the producers on a farm if the producers 
     enter into a contract with the Secretary under which the 
     producers agree--
       (A) 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

[[Page H8410]]

     insurable commodity for each of the next 2 crops; and
       (B) 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).
       (6) Effect of violation.--In the event of the violation of 
     a contract under paragraph (5) by a producer, the producer 
     shall reimburse the Secretary for the full amount of the 
     assistance provided to the producer under this subsection.
       (7) Payment limitations.--
       (A) Limit on amount of assistance.--Assistance provided 
     under this subsection to a producer for losses to a crop, 
     together with the amounts specified in subparagraph (B) 
     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.
       (B) Other payments.--In applying the limitation in 
     subparagraph (A), the Secretary shall include the following:
       (i) 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.
       (ii) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.
       (C) Effect of florida disaster programs.--The amount of 
     assistance that a producer would otherwise receive under this 
     subsection shall be reduced by the amount of assistance that 
     the producer receives for the same loss under the Florida 
     Disaster Programs carried out pursuant to the Farm Service 
     Agency notice (DAP-203) released October 4, 2004.
       (b) Livestock Assistance Program.--
       (1) Emergency financial assistance.--The Secretary of 
     Agriculture 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).
       (2) Administration.--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).
       (3) 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.
       (c) Tree Assistance Program.--
       (1) Emergency assistance.--The Secretary of Agriculture 
     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 sections 10201 
     through 10204 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered 
     tree losses during the period beginning on December 1, 2003, 
     and ending on December 31, 2004.
       (2) Additional assistance.--In addition to providing 
     assistance to eligible orchardists under the tree assistance 
     program, the Secretary shall use an additional $15,000,000 of 
     the funds of the Commodity Credit Corporation to provide 
     reimbursement under section 10203 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8203) to eligible 
     forest land owners who produce periodic crops of timber from 
     trees for commercial purposes and who have suffered tree 
     losses during the period specified in paragraph (1).
       (d) Emergency Conservation Program.--The Secretary of 
     Agriculture shall use an additional $50,000,000 of the funds 
     of the Commodity Credit Corporation to provide assistance 
     under the Emergency Conservation Program under title IV of 
     the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.). 
     Participants in the Emergency Conservation Program shall 
     receive the maximum cost share percentage allowed under 
     section 701.26 of title 7, Code of Federal Regulations.
       (e) Offset.--Section 1241(a)(3) of the Food Security Act of 
     1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before 
     the period at the end the following: ``, using not more than 
     $6,037,000,000 for the period of fiscal years 2005 through 
     2014''.