II 

108TH CONGRESS 

1ST SESSION S. 21

To provide emergency disaster assistance to agricultural producers. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 7, 2003

Mr. DASCHLE (for himself, Mr. HARKIN, Mrs. CLINTON, Ms. MIKULSKI, Mr. 

SARBANES, Mr. LEVIN, Mr. HOLLINGS, Mr. SCHUMER, Mr. DORGAN, Mr. 

DURBIN, Mrs. MURRAY, Mr. DAYTON, Mr. JOHNSON, Mr. KERRY, Mrs. 

LINCOLN, Ms. CANTWELL, Mr. BAUCUS, Mr. EDWARDS, Ms. STABENOW, 

Mr. CONRAD, Mr. REID, Mr. BREAUX, and Ms. LANDRIEU) 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Agricul5 tural Disaster Assistance Act of 2003’’. 

6 SEC. 2. CROP DISASTER ASSISTANCE. 

7 (a) IN GENERAL.—The Secretary of Agriculture (re8 ferred to in this Act as the ‘‘Secretary’’) shall use such 
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1 sums as are necessary of funds of the Commodity Credit 

2 Corporation to make emergency financial assistance au3 thorized under this section available to producers on a 

4 farm that have incurred qualifying crop losses for the 

5 2001 or 2002 crop, or both, due to damaging weather or 

6 related condition, as determined by the Secretary. 

7 (b) ADMINISTRATION.—The Secretary shall make as8 sistance available under this section in the same manner 

9 as provided under section 815 of the Agriculture, Rural 

10 Development, Food and Drug Administration, and Re11 lated Agencies Appropriations Act, 2001 (Public Law 

12 106–387; 114 Stat. 1549, 1549A–55), including using the 

13 same loss thresholds for the quantity and quality losses 

14 as were used in administering that section. 

15 (c) CROP INSURANCE.—In carrying out this section, 

16 the Secretary shall not discriminate against or penalize 

17 producers on a farm that have purchased crop insurance 

18 under the Federal Crop Insurance Act (7 U.S.C. 1501 et 

19 seq.). 

20 SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. 

21 (a) IN GENERAL.—The Secretary shall use such 

22 sums as are necessary of funds of the Commodity Credit 

23 Corporation as are necessary to make and administer pay24 ments for livestock losses to producers for 2001 or 2002 

25 losses, or both, in a county that has received a cor-
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1 responding emergency designation by the President or the 

2 Secretary, of which an amount determined by the Sec3 retary shall be made available for the American Indian 

4 livestock program under section 806 of the Agriculture, 

5 Rural Development, Food and Drug Administration, and 

6 Related Agencies Appropriations Act, 2001 (Public Law 

7 106–387; 114 Stat. 1549, 1549A–51). 

8 (b) ADMINISTRATION.—The Secretary shall make as9 sistance available under this section in the same manner 

10 as provided under section 806 of the Agriculture, Rural 

11 Development, Food and Drug Administration, and Re12 lated Agencies Appropriations Act, 2001 (Public Law 

13 106–387; 114 Stat. 1549, 1549A–51). 

14 SEC. 4. FUNDING. 

15 Of the funds of the Commodity Credit Corporation, 

16 the Secretary shall—

17 (1) use such sums as are necessary to carry out 

18 this Act, to remain available until expended; and 

19 (2) transfer to section 32 of the Act of August 

20 24, 1935 (7 U.S.C. 612c) an amount equal to the 

21 amount of funds under section 32 of that Act that 

22 were made available before the date of enactment of 

23 this Act to provide disaster assistance to crop and 

24 livestock producers for losses suffered during 2001 

25 and 2002, to remain available until expended. 
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1 SEC. 5. REGULATIONS. 

2 (a) IN GENERAL.—The Secretary may promulgate 

3 such regulations as are necessary to implement this Act. 

4 (b) PROCEDURE.—The promulgation of the regula5 tions and administration of this Act shall be made without 

6 regard to—

7 (1) the notice and comment provisions of sec8 tion 553 of title 5, United States Code; 

9 (2) the Statement of Policy of the Secretary of 

10 Agriculture effective July 24, 1971 (36 Fed. Reg. 

11 13804), relating to notices of proposed rulemaking 

12 and public participation in rulemaking; and 

13 (3) chapter 35 of title 44, United States Code 

14 (commonly known as the ‘‘Paperwork Reduction 

15 Act’’). 

16 (c) CONGRESSIONAL REVIEW OF AGENCY RULE17 MAKING.—In carrying out this section, the Secretary shall 

18 use the authority provided under section 808 of title 5, 

19 United States Code. 

20 SEC. 6. EMERGENCY DESIGNATION. 

21 (a) IN GENERAL.—The entire amount made available 

22 under this Act shall be available only to the extent that 

23 the President submits to Congress an official budget re24 quest for a specific dollar amount that includes designa25 tion of the entire amount of the request as an emergency 

26 requirement for the purposes of the Balanced Budget and 
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1 Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et 

2 seq.). 

3 (b) DESIGNATION.—The entire amount made avail4 able under this section is designated by Congress as an 

5 emergency requirement under sections 251(b)(2)(A) and 

6 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)). 

7 SEC. 7. BUDGETARY TREATMENT. 

8 Notwithstanding Rule 3 of the Budget Scorekeeping 

9 Guidelines set forth in the Joint Explanatory Statement 

10 of the Committee of Conference accompanying Conference 

11 Report No. 105–217, the provisions of this Act that would 

12 have been estimated by the Office of Management and 

13 Budget as changing direct spending or receipts under sec14 tion 252 of the Balanced Budget and Emergency Deficit 

15 Control Act of 1985 (2 U.S.C. 902) were it included in 

16 an Act other than an appropriation Act shall be treated 

17 as direct spending or receipts legislation, as appropriate, 

18 under section 252 of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985 (2 U.S.C. 902).

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