[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 257 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 257
To provide emergency disaster assistance to agricultural producers that
incurred 2002 crop losses due to damaging weather or related condition
and to provide emergency disaster assistance to livestock producers in
counties that received a primary disaster designation by the Secretary
of Agriculture in calendar year 2001 or 2002, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2003
Mr. Burns (for himself, Mr. Hayes, Mr. McIntyre, Mr. Pickering, Mr.
Kingston, Mr. Rogers of Alabama, Mr. Goode, Mr. Cramer, and Mr. Bishop
of Georgia) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To provide emergency disaster assistance to agricultural producers that
incurred 2002 crop losses due to damaging weather or related condition
and to provide emergency disaster assistance to livestock producers in
counties that received a primary disaster designation by the Secretary
of Agriculture in calendar year 2001 or 2002, and for other purposes.
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) Assistance Available.--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
available to producers on a farm that have incurred qualifying crop
losses for the 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. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) Assistance Available.--The Secretary of Agriculture shall use
such sums as are necessary of funds of the Commodity Credit Corporation
to make and administer payments to livestock producers for losses in a
county that received a primary disaster designation by the Secretary in
calendar year 2001 or 2002.
(b) Administration.--The Secretary shall make assistance available
under this section using the criteria established to carry out the 2002
Livestock Compensation Program.
(c) Application.--During the 30-day period beginning on the date of
the enactment of this Act, livestock producers in a county described in
subsection (a) may submit an application for assistance under this
section or renew an application previously submitted under the 2002
Livestock Compensation Program.
(d) Choice of Payments.--
(1) Multiyear designation.--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.
(2) Prior payments.--A producer may not receive a payment
under this section and under the 2002 Livestock Compensation
Program.
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)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) 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.).
(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 2002 losses to an insurable commodity or noninsurable
commodity 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 insurable commodity for the
crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); 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 of Agriculture may waive the
application of subsection (b) to the producers on a farm 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 three crops under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); 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 crops;
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 three crops 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 crops.
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary of Agriculture 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)).
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