I 
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 Representa-
tives 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 Sec-
retary of Agriculture. 
SEC. 3. CROP DISASTER ASSISTANCE. 
(a) DEFINITIONS.—In this section: 
(1) ADDITIONAL COVERAGE.—The term ‘‘addi-
tional 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 ob-
tain assistance under section 196 of the Federal Ag-
riculture 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 assist-
ance available to producers on a farm that have incurred 
qualifying losses for the 2004 crop of an agricultural com-
modity due to damaging weather or related condition, as 
determined by the Secretary. 
(c) ADMINISTRATION.—
(1) USE OF FORMER ADMINISTRATIVE AUTHOR-
ITY.—Except as provided in paragraph (2), the Sec-
retary shall make assistance available under this sec-
tion in the same manner as provided under section 
815 of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Ap-
propriations Act, 2001 (as enacted into law by Pub-
lic 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, includ-
ing 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 protec-
tion plan, available for the crop under the Fed-
eral 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 pro-
vided 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 com-
modity 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 in-
surable commodity under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.) for the crop incur-
ring the losses; and 
(2) in the case of a noninsurable commodity, 
did not file the required paperwork, and pay the ad-
ministrative fee by the applicable State filing dead-
line, 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 Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et seq.) 
providing additional coverage for the insurable com-
modity for each of the next 2 crops; and 
(2) in the case of a noninsurable commodity, to 
file the required paperwork, and pay the administra-
tive 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 vio-
lation 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
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 PRO-
GRAMS.—The amount of assistance that the producers 
would otherwise receive for a loss under the livestock as-
sistance program shall be reduced by the amount of the 
assistance that the producers receive under any other live-
stock assistance program, as determined by the Secretary. 
SEC. 5. FUNDING. 
The Secretary shall use the funds, facilities, and au-
thorities 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 regula-
tions and administration of this Act shall be made without 
regard to— 
(1) the notice and comment provisions of sec-
tion 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 RULE-
MAKING.—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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