Emergency Agricultural Disaster Assistance Act of 2003
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
January 9, 2003
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Introduced in Senate
January 9, 2003
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
January 9, 2003
Floor Debate
3 membersWhat members said about S. 125 on the floor



Floor Debate
3 membersWhat members said about S. 125 on the floor
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Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 125 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 125
To provide emergency disaster assistance to agricultural producers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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)).
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