| S 2800 IS
107th CONGRESS
2d Session
S. 2800
To provide emergency
disaster assistance to agricultural producers.
IN THE SENATE OF THE UNITED
STATES
July 25, 2002
Mr. BAUCUS (for himself, Mr.
BURNS, Mr. DASCHLE, and Mr. JOHNSON) 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 2002'.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) IN GENERAL- Notwithstanding
section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)),
the Secretary of Agriculture (referred to in this Act 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.
SEC. 3. LIVESTOCK ASSISTANCE
PROGRAM.
(a) IN GENERAL- The Secretary
shall use such sums as are necessary of funds of the Commodity Credit Corporation
as are necessary to make and administer payments for livestock losses to
producers for 2001 and 2002 losses in a county that has received an emergency
designation by the President or the Secretary after January 1, 2001, and
January 1, 2002, respectively, of which an amount determined by the Secretary
shall be made available for the American Indian livestock program under
section 806 of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(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 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 section 251(b)(2)(A) or 252(e) of that Act
(2 U.S.C. 901(b)(2)(A), 902(e)).
END
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