I 
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. POM-
EROY, 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Agricul-
tural Disaster Assistance Act of 2004’’. 
SEC. 2. 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.—The term ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
ance 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 ob-
tain assistance under section 196 of the Federal Ag-
riculture Improvement and Reform Act of 1996 (7 
U.S.C. 7333). 
(b) EMERGENCY FINANCIAL ASSISTANCE.—Notwith-
standing 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 au-
thorized 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 as-
sistance available under this section in the same manner 
as provided under section 815 of the Agriculture, Rural 
Development, Food and Drug Administration, and Re-
lated 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 as-
sistance 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 re-
ceives under the crop loss assistance program announced 
by the Secretary on August 27, 2004. 
(e) INELIGIBILITY FOR ASSISTANCE.—Except as pro-
vided 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 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. 
(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 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). 
(g) EFFECT OF VIOLATION.—In the event of the vio-
lation 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 live-
stock losses to producers for 2003 or 2004 losses (as elect-
ed by a producer), but not both, in a county that has re-
ceived an emergency designation by the President or the 
Secretary after January 1, 2003, of which an amount de-
termined by the Secretary shall be made available for the 
American Indian livestock program under section 806 of 
the Agriculture, Rural Development, Food and Drug Ad-
ministration, and Related Agencies Appropriations Act, 
2001 (Public Law 106–387; 114 Stat. 1549A–51). 
(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner 
as provided under section 806 of the Agriculture, Rural 
Development, Food and Drug Administration, and Re-
lated 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