To provide emergency disaster assistance to agricultural producers.

January 9, 2003

Mr. ROBERTS (for himself, Mr. CRAIG, Mr. BROWNBACK, Mr. CRAPO, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

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- Subject to subsections (b) and (c) and section 4, the Secretary of Agriculture (referred to in this title 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 have 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 (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.

(c) CHOICE OF PAYMENTS- If a producer on a farm incurred qualifying crop losses for each of the 2001 and 2002 crop years, the producer may receive payments under this section for losses associated with the losses in either the 2001 crop year or the 2002 crop year, but not both.

SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS.

(a) IN GENERAL- Subject to subsection (b) and section 4, the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses using the criteria established to carry out the 1999 Livestock Assistance Program (except for application of the national percentage reduction factor) to producers for 2001 and 2002 losses in a county that has received an emergency designation by the President or the Secretary in calendar year 2001 or 2002.

(b) CHOICE OF PAYMENTS- If a producer is on a farm located in a county that received an emergency designation described in subsection (a) in each of calendar years 2001 and 2002, the producer may receive payments under this section for losses associated with the declaration in either calendar year 2001 or calendar year 2002, but not both.

SEC. 4. INELIGIBILITY FOR PAYMENTS.

(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- The term `insurable commodity' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain additional coverage.

(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) INELIGIBILITY- Except as provided in subsection (c), the producers on a farm shall not be eligible for a payment under section 2 with respect to losses to an insurable commodity or noninsurable commodity for a crop or calendar year (as applicable) if the producers on the farm--

(1) in the case of an insurable commodity, did not obtain additional coverage for the insurable commodity for the crop or calendar year (as applicable); 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).

(c) WAIVERS- The Secretary may waive the application of subsection (b) to the producers on a farm for a crop or calendar year (as applicable) if--

(1) in the case of an insurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree--

(A) to obtain additional coverage for the insurable commodity for each of the next 3 crop or calendar years (as applicable); and

(B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crop or calendar years (as applicable); and

(2) in the case of a noninsurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree--

(A) 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 3 crop or calendar years (as applicable) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and

(B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crop or calendar years (as applicable).

SEC. 5. COMMODITY CREDIT CORPORATION.

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

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.

SEC. 7. 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 sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

END