[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5383 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5383

  To provide emergency disaster assistance to agricultural producers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2002

  Mrs. Cubin introduced the following bill; which was referred to the 
   Committee on Agriculture, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 106-387; 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 upon enactment.

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)).

SEC. 7. CONGRESSIONAL BUDGET ACT.

    Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set 
forth in the joint explanatory statement of the committee of conference 
accompanying Conference Report 105-217, the provisions of this section 
that would have been estimated by the Office of Management and Budget 
as changing direct spending or receipts under section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985, were the 
provisions included in an Act other than an appropriations Act, shall 
be treated as direct spending or receipts legislation, as appropriate, 
under such section, and by the Chairman of the Budget Committees of the 
Senate and House of Representatives, as appropriate, under the 
Congressional Budget Act of 1974.
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