I 

108TH CONGRESS 

1ST SESSION H. R. 92

To provide emergency disaster assistance to agricultural producers to respond 

to severe crop losses incurred in 2001 and 2002. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. GRAVES introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL

To provide emergency disaster assistance to agricultural producers to respond to severe crop losses incurred in 2001 

and 2002.

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 ‘‘Companion Disaster 

5 Assistance Program Act of 2002’’. 

6 SEC. 2. COMPANION DISASTER ASSISTANCE. 

7 (a) ASSISTANCE AVAILABLE.—The Secretary of Agri8 culture (in this section referred to as the ‘‘Secretary’’) 

9 shall use such sums as are necessary of funds of the Com10 modity Credit Corporation to make emergency financial 
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1 assistance available to producers that have incurred quali2 fying losses for the 2001 or 2002 crop of an agricultural 

3 commodity due to damaging weather or related condition, 

4 as determined by the Secretary. 

5 (b) ELECTION OF CROP YEAR.—If a producer in6 curred qualifying crop losses in both the 2001 and 2002 

7 crop years, the producer shall elect to receive assistance 

8 under this section for losses incurred in either the 2001 

9 crop year or the 2002 crop year, but not both. 

10 (c) QUALIFYING LOSSES.—Assistance under this sec11 tion shall be provided for losses associated with crops that 

12 are quantity losses or quality losses, as determined by the 

13 Secretary. 

14 (d) DEDUCTIBLE.—The Secretary shall make assist15 ance available to a producer with qualifying losses for 

16 losses exceeding 15 percent of the producer’s historical 

17 yield, as determined by the Secretary. 

18 (e) ASSISTANCE AMOUNT.—The amount of assist19 ance made available to a producer shall be equal to the 

20 lesser of the following: 

21 (1) 40 percent of the product obtained by mul22 tiplying—

23 (A) 65 percent of the producer’s historical 

24 yield, as determined by the Secretary; 
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1 (B) the producer’s acreage of the crop for 

2 the relevant crop year; and 

3 (C) 65 percent of the expected market 

4 price for the crop, as determined by the Sec5 retary. 

6 (2) 4 times the product obtained by multi7 plying—

8 (A) the percentage of qualifying losses of 

9 the producer exceeding 15 percent of the pro10 ducer’s historical yield, as determined by the 

11 Secretary; and 

12 (B) the amount determined under para13 graph (1). 

14 (f) LIMITATION.—Notwithstanding subsection (e), a 

15 producer may not receive assistance under this section for 

16 losses to more than one 2001 crop or 2002 crop on the 

17 same acreage unless there is an established practice of 

18 planting two or more crops for harvest on such acreage 

19 in the same crop year, as determined by the Secretary. 

20 The Secretary shall give a producer that is not covered 

21 by the exception in the previous sentence an opportunity 

22 to designate the 2001 or 2002 crop for which the producer 

23 requests assistance under this section. 
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1 (g) COMMODITY CREDIT CORPORATION.—The Sec2 retary shall use the funds, facilities, and authorities of the 

3 Commodity Credit Corporation to carry out this title. 

4 (h) REGULATIONS.—

5 (1) IN GENERAL.—The Secretary may promul6 gate such regulations as are necessary to implement 

7 this section. 

8 (2) PROCEDURE.—The promulgation of the reg9 ulations and administration of this section shall be 

10 made without regard to—

11 (A) the notice and comment provisions of 

12 section 553 of title 5, United States Code; 

13 (B) the Statement of Policy of the Sec14 retary effective July 24, 1971 (36 Fed. Reg. 

15 13804), relating to notices of proposed rule16 making and public participation in rulemaking; 

17 and 

18 (C) chapter 35 of title 44, United States 

19 Code (commonly known as the ‘‘Paperwork Re20 duction Act’’). 

21 (3) CONGRESSIONAL REVIEW OF AGENCY RULE22 MAKING.—In carrying out this subsection, the Sec23 retary shall use the authority provided under section 

24 808 of title 5, United States Code.

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