To provide emergency disaster assistance to agricultural producers.

January 7, 2003

Mr. POMEROY (for himself, Mrs. CUBIN, Mr. BOSWELL, and Mr. BALLANCE) introduced the following bill; which was referred to the Committee on Agriculture

To provide emergency disaster assistance to agricultural producers.

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 2003'.

SEC. 2. CROP DISASTER ASSISTANCE.

(a) IN GENERAL- 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 incurred qualifying crop losses for the 2001 or 2002 crop due to damaging weather or related condition, as determined by the Secretary.

(b) 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 (as enacted into law by 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.

SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.

(a) IN GENERAL- The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation as are necessary to make and administer payments for livestock losses to producers for 2001 and 2002 losses in a county that has received an emergency designation by the President or the Secretary after January 1, 2001, and January 1, 2002, respectively, 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 (as enacted into law by 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 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-51).

SEC. 4. COMMODITY CREDIT CORPORATION.

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

SEC. 5. 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. 6. EMERGENCY DESIGNATION.

(a) IN GENERAL- The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).

(b) DESIGNATION- The entire amount made available under this section is designated by Congress as an emergency requirement under section 251(b)(2)(A) or 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

END