S 2728 IS
107th CONGRESS
2d Session
S. 2728
To provide emergency
agricultural disaster assistance.
IN THE SENATE OF THE UNITED
STATES
July 15, 2002
Mr. DAYTON (for himself and
Mr. WELLSTONE) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide emergency
agricultural disaster assistance.
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 Assistance Act of 2002'.
SEC. 2. INCOME LOSS ASSISTANCE.
(a) IN GENERAL- The Secretary
of Agriculture (referred to in this Act as the `Secretary') shall use $4,500,000,000
of the funds of the Commodity Credit Corporation to make emergency financial
assistance available to producers on a farm that have incurred qualifying
income losses in calendar year 2001 or 2002.
(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 economic losses as were used in administering
that section.
(c) USE OF FUNDS FOR CASH
PAYMENTS- The Secretary may use funds made available under this section
to make, in a manner consistent with this section, cash payments not for
crop disasters, but for income loss to carry out the purposes of this section.
SEC. 3. LIVESTOCK ASSISTANCE
PROGRAM.
(a) IN GENERAL- The Secretary
shall use $1,000,000,000 of the funds of the Commodity Credit Corporation
to make and administer payments for livestock losses to producers for 2001
or 2002 losses in a county that has received an emergency designation by
the President or the Secretary after January 1, 2001.
(b) ADMINISTRATION- The
Secretary shall make assistance available under this section in the same
manner as provided under section 806 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2001 (Public Law 105-277; 114 Stat. 1549A-51).
SEC. 4. COMMODITY CREDIT CORPORATION.
The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this Act.
SEC. 5. 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. 6. EMERGENCY REQUIREMENT.
(a) IN GENERAL- The entire
amount necessary to carry out this Act shall be available only to the extent
that an official budget request for the entire amount, that includes designation
of the entire amount of the request as an emergency requirement under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900
et seq.), is transmitted by the President to Congress.
(b) DESIGNATION- The entire
amount necessary to carry out this Act is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of that Act (2 U.S.C.
901(b)(2)(A)).
END
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