[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2040

 To provide emergency agricultural assistance to producers of the 2002 
                                 crop.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

  Mr. Roberts (for himself, Mr. Craig, and Mr. Burns) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To provide emergency agricultural assistance to producers of the 2002 
                                 crop.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency 
Agricultural Assistance Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--MARKET LOSS ASSISTANCE

Sec. 101. Market loss assistance.
Sec. 102. Oilseeds.
Sec. 103. Peanuts.
Sec. 104. Honey.
Sec. 105. Wool and mohair.
Sec. 106. Cottonseed.
Sec. 107. Commodity purchases.
Sec. 108. Loan deficiency payments.
Sec. 109. Payments in lieu of loan deficiency payments for grazed 
                            acreage.
Sec. 110. Milk.
Sec. 111. Pulse crops.
Sec. 112. Tobacco.
Sec. 113. Livestock feed assistance program.
                         TITLE II--CONSERVATION

Sec. 201. Conservation reserve program.
Sec. 202. Wetlands reserve program.
Sec. 203. Environmental quality incentives program.
Sec. 204. Farmland protection program.
                       TITLE III--ADMINISTRATION

Sec. 301. Obligation period.
Sec. 302. Commodity Credit Corporation.
Sec. 303. Regulations.

                    TITLE I--MARKET LOSS ASSISTANCE

SEC. 101. MARKET LOSS ASSISTANCE.

    (a) In General.--The Secretary of Agriculture (referred to in this 
Act as the ``Secretary'') shall use funds of the Commodity Credit 
Corporation to provide assistance in the form of a market loss 
assistance payment to owners and producers on a farm that are eligible 
for a final payment for fiscal year 2002 under a production flexibility 
contract for the farm under the Agricultural Market Transition Act (7 
U.S.C. 7201 et seq.).
    (b) Payment Rate.--In providing payments under this section, the 
Secretary shall use the payment rate for a contract commodity for 
fiscal year 2000 that applied under section 114(c) of the Agricultural 
Market Transition Act (7 U.S.C. 7214(c)).
    (c) Protection of Tenants and Sharecroppers; Sharing of Payments.--
Sections 111(c) and 114(g) of the Agricultural Market Transition Act (7 
U.S.C. 7211(c), 7214(g)) shall apply to the payments made under 
subsection (a).

SEC. 102. OILSEEDS.

    (a) In General.--The Secretary shall use $466,000,000 of funds of 
the Commodity Credit Corporation to make payments to producers that 
planted a 2002 crop of oilseeds (as defined in section 102 of the 
Agricultural Market Transition Act (7 U.S.C. 7202)).
    (b) Computation.--A payment to producers on a farm under this 
section for an oilseed shall be equal to the product obtained by 
multiplying--
            (1) a payment rate determined by the Secretary;
            (2) the acreage determined under subsection (c); and
            (3) the yield determined under subsection (d).
    (c) Acreage.--
            (1) In general.--Except as provided in paragraph (2), the 
        acreage of the producers on the farm for an oilseed under 
        subsection (b)(2) shall be equal to the number of acres planted 
        to the oilseed by the producers on the farm during the 1999, 
        2000, or 2001 crop year, whichever is greatest, as determined 
        by the Secretary.
            (2) New producers.--In the case of producers on a farm that 
        planted acreage to a type of oilseed during the 2002 crop year 
        but not the 1999, 2000, or 2001 crop year, the acreage of the 
        producers for the type of oilseed under subsection (b)(2) shall 
        be equal to the number of acres planted to the type of oilseed 
        by the producers on the farm during the 2002 crop year, as 
        determined by the Secretary.
    (d) Yield.--
            (1) Soybeans.--Except as provided in paragraph (3), in the 
        case of soybeans, the yield of the producers on a farm under 
        subsection (b)(3) shall be equal to the greater of--
                    (A) the average county yield per harvested acre for 
                each of the 1997 through 2001 crop years, excluding the 
                crop year with the greatest yield per harvested acre 
                and the crop year with the lowest yield per harvested 
                acre; or
                    (B) the actual yield of the producers on the farm 
                for the 1999, 2000, or 2001 crop year, as determined by 
                the Secretary.
            (2) Other oilseeds.--Except as provided in paragraph (3), 
        in the case of oilseeds other than soybeans, the yield of the 
        producers on a farm under subsection (b)(3) shall be equal to 
        the greater of--
                    (A) the average national yield per harvested acre 
                for each of the 1997 through 2001 crop years, excluding 
                the crop year with the greatest yield per harvested 
                acre and the crop year with the lowest yield per 
                harvested acre; or
                    (B) the actual yield of the producers on the farm 
                for the 1999, 2000, or 2001 crop year, as determined by 
                the Secretary.
            (3) New producers.--In the case of producers on a farm that 
        planted acreage to a type of an oilseed during the 2002 crop 
        year but not the 1999, 2000, or 2001 crop year, the yield of 
        the producers on a farm under subsection (b)(3) shall be equal 
        to the greater of--
                    (A) the average county yield per harvested acre for 
                each of the 1997 through 2001 crop years, excluding the 
                crop year with the greatest yield per harvested acre 
and the crop year with the lowest yield per harvested acre; or
                    (B) the actual yield of the producers on the farm 
                for the 2002 crop.
            (4) Data source.--To the maximum extent available, the 
        Secretary shall use data provided by the National Agricultural 
        Statistics Service to carry out this subsection.

SEC. 103. PEANUTS.

    The Secretary shall use $55,210,000 of funds of the Commodity 
Credit Corporation to provide a supplemental payment under section 
204(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1421 
note; Public Law 106-224) to producers of quota peanuts or additional 
peanuts for the 2002 crop year that received a payment under that 
section.

SEC. 104. HONEY.

    (a) In General.--The Secretary shall use $93,000,000 of funds of 
the Commodity Credit Corporation to make available recourse loans to 
producers of the 2002 crop of honey on fair and reasonable terms and 
conditions, as determined by the Secretary.
    (b) Loan Rate.--The loan rate for a loan under subsection (a) shall 
be equal to 85 percent of the average price of honey during the 5-crop 
year period preceding the 2002 crop year, excluding the crop year in 
which the average price of honey was the highest and the crop year in 
which the average price of honey was the lowest in the period.
    (c) Term of Loan.--A loan under this section shall have a term of 9 
months beginning on the first day of the first month after the month in 
which the loan is made.

SEC. 105. WOOL AND MOHAIR.

    (a) In General.--The Secretary shall use $16,940,000 of funds of 
the Commodity Credit Corporation to provide a supplemental payment 
under section 814 of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (114 
Stat. 1549, 1549A-55), to producers of wool, and producers of mohair, 
for the 2002 marketing year that received a payment under that section.
    (b) Payment Rate.--The Secretary shall adjust the payment rate 
specified in that section to reflect the amount made available for 
payments under this section.

SEC. 106. COTTONSEED.

    The Secretary shall use $93,000,000 of funds of the Commodity 
Credit Corporation to provide assistance to producers and first-
handlers of the 2002 crop of cottonseed.

SEC. 107. COMMODITY PURCHASES.

    (a) In General.--The Secretary shall use $186,000,000 of funds of 
the Commodity Credit Corporation to purchase agricultural commodities, 
especially agricultural commodities that have experienced low prices 
during the 2002 crop year.
    (b) Geographic Diversity.--The Secretary is encouraged to purchase 
agricultural commodities under this section in a manner that reflects 
the geographic diversity of agricultural production in the United 
States.
    (c) Other Purchases.--The Secretary shall ensure that purchases of 
agricultural commodities under this section are in addition to 
purchases by the Secretary under any other law.
    (d) Transportation and Distribution Costs.--The Secretary may use 
not more than $20,000,000 of the funds made available under subsection 
(a) to provide assistance to States to cover costs incurred by the 
States in transporting and distributing agricultural commodities 
purchased under this section.
    (e) Purchases for School Nutrition Programs.--The Secretary shall 
use not less than $55,000,000 of the funds made available under 
subsection (a) to purchase agricultural commodities of the type 
distributed under section 6(a) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1755(a)) for distribution to schools and 
service institutions in accordance with section 6(a) of that Act.

SEC. 108. LOAN DEFICIENCY PAYMENTS.

    Section 135 of the Federal Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 7235) is amended--
            (1) in subsection (a)(2), by striking ``the 2000 crop 
        year'' and inserting ``each of the 2000 and 2002 crop years''; 
        and
            (2) by striking subsections (e) and (f) and inserting the 
        following:
    ``(e) Beneficial Interest.--
            ``(1) In general.--A producer shall be eligible for a 
        payment for a loan commodity under this section only if the 
        producer has a beneficial interest in the loan commodity, as 
        determined by the Secretary.
            ``(2) Application.--The Secretary shall make a payment 
        under this section to the producers on a farm with respect to a 
        quantity of a loan commodity as of the earlier of--
                    ``(A) the date on which the producers on the farm 
                marketed or otherwise lost beneficial interest in the 
                loan commodity, as determined by the Secretary; or
                    ``(B) the date the producers on the farm request 
                the payment.
            ``(3) 2001 crop.--Notwithstanding paragraphs (1) and (2), 
        effective for the 2001 crop only, if a producer eligible for a 
        payment under this section loses beneficial interest in the 
        covered commodity, the producer shall be eligible for the 
        payment determined as of the date the producer lost beneficial 
        interest in the covered commodity, as determined by the 
        Secretary.''.

SEC. 109. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED 
              ACREAGE.

    (a) In General.--Subtitle C of title I of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.) is amended 
by adding at the end the following:

``SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED 
              ACREAGE.

    ``(a) In General.--For the 2002 crop of wheat, grain sorghum, 
barley, and oats, in the case of the producers on a farm that would be 
eligible for a loan deficiency payment under section 135 for wheat, 
grain sorghum, barley, or oats, but that elects to use acreage planted 
to the wheat, grain sorghum, barley, or oats for the grazing of 
livestock, the Secretary shall make a payment to the producers on the 
farm under this section if the producers on the farm enter into an 
agreement with the Secretary to forgo any other harvesting of the 
wheat, grain sorghum, barley, or oats on the acreage.
    ``(b) Payment Amount.--The amount of a payment made to the 
producers on a farm under this section shall be equal to the amount 
obtained by multiplying--
            ``(1) the loan deficiency payment rate determined under 
        section 135(c) in effect, as of the date of the agreement, for 
        the county in which the farm is located; by
            ``(2) the payment quantity obtained by multiplying--
                    ``(A) the quantity of the grazed acreage on the 
                farm with respect to which the producers on the farm 
                elect to forgo harvesting of wheat, grain sorghum, 
                barley, or oats; and
                    ``(B) the payment yield for that contract commodity 
                on the farm.
    ``(c) Time, Manner, and Availability of Payment.--
            ``(1) Time and manner.--A payment under this section shall 
        be made at the same time and in the same manner as loan 
        deficiency payments are made under section 135.
            ``(2) Availability.--The Secretary shall establish an 
        availability period for the payment authorized by this section 
        that is consistent with the availability period for wheat, 
        grain sorghum, barley, and oats established by the Secretary 
        for marketing assistance loans authorized by this subtitle.
    ``(d) Prohibition on Crop Insurance or Noninsured Crop 
Assistance.--The producers on a farm shall not be eligible for 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) 
or noninsured crop assistance under section 196 with respect to a crop 
of wheat, grain sorghum, barley, or oats planted on acreage that the 
producers on the farm elect, in the agreement required by subsection 
(a), to use for the grazing of livestock in lieu of any other 
harvesting of the crop.''.

SEC. 110. MILK.

    Section 141 of the Agricultural Market Transition Act (7 U.S.C. 
7251) is amended by striking ``May 31, 2002'' each place it appears and 
inserting ``December 31, 2002''.

SEC. 111. PULSE CROPS.

    (a) In General.--The Secretary shall use $20,000,000 of funds of 
the Commodity Credit Corporation to provide assistance in the form of a 
market loss assistance payment to owners and producers on a farm that 
grow a 2002 crop of dry peas, lentils, or chickpeas (collectively 
referred to in this section as a ``pulse crop'').
    (b) Computation.--A payment to owners and producers on a farm under 
this section for a pulse crop shall be equal to the product obtained by 
multiplying--
            (1) a payment rate determined by the Secretary; by
            (2) the acreage of the producers on the farm for the pulse 
        crop determined under subsection (c).
    (c) Acreage.--
            (1) In general.--The acreage of the producers on the farm 
        for a pulse crop under subsection (b)(2) shall be equal to the 
        number of acres planted to the pulse crop by the owners and 
        producers on the farm during the 1999, 2000, or 2001 crop year, 
        whichever is greatest.
            (2) Basis.--For the purpose of paragraph (1), the number of 
        acres planted to a pulse crop by the owners and producers on 
        the farm for a crop year shall be based on (as determined by 
        the Secretary)--
                    (A) the number of acres planted to the pulse crop 
                for the crop year by the owners and producers on the 
                farm, including any acreage that is included in reports 
                that are filed late; or
                    (B) the number of acres planted to the pulse crop 
                for the crop year for the purpose of the Federal crop 
                insurance program established under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.).

SEC. 112. TOBACCO.

    (a) Payments.--The Secretary shall use $100,000,000 of funds of the 
Commodity Credit Corporation to provide supplemental payments to 
owners, controllers, and growers of tobacco for which a basic quota or 
allotment is established for the 2002 crop year under part I of 
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1311 et seq.), as determined by the Secretary.
    (b) Loan Forfeitures.--Notwithstanding sections 106 through 106B of 
the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
            (1) a producer-owned cooperative marketing association may 
        fully settle (without further cost to the Association) a loan 
        made for each of the 2000 and 2001 crops of types 21, 22, 23, 
        35, 36, and 37 of an agricultural commodity under sections 106 
        through 106B of that Act by forfeiting to the Commodity Credit 
        Corporation the agricultural commodity covered by the loan 
        regardless of the condition of the commodity;
            (2) any losses to the Commodity Credit Corporation as a 
        result of paragraph (1)--
                    (A) shall not be charged to the Account (as defined 
                in section 106B(a) of that Act); and
                    (B) shall not affect the amount of any assessment 
                imposed against the commodity under sections 106 
                through 106B of that Act; and
            (3) the commodity forfeited pursuant to this subsection--
                    (A) shall not be counted for the purposes of any 
                determination for any year pursuant to section 319 of 
                the Agricultural Adjustment Act of 1938 (7 U.S.C. 
                1314e); and
                    (B) may be disposed of in a manner determined by 
                the Secretary of Agriculture, except that the commodity 
                may not be sold for use in the United States for human 
                consumption.

SEC. 113. LIVESTOCK FEED ASSISTANCE PROGRAM.

    The Secretary shall use $500,000,000 of funds of the Commodity 
Credit Corporation to provide livestock feed assistance to livestock 
producers affected by disasters during calendar year 2001 or 2002.

                         TITLE II--CONSERVATION

SEC. 201. CONSERVATION RESERVE PROGRAM.

    Notwithstanding section 11 of the Commodity Credit Corporation 
Charter Act (15 U.S.C. 714i), in addition to amounts made available 
under other provisions of law, the Secretary shall use $44,000,000 of 
funds of the Commodity Credit Corporation to provide technical 
assistance under the conservation reserve program established under 
subchapter B of chapter 1 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3831 et seq.).

SEC. 202. WETLANDS RESERVE PROGRAM.

    (a) Maximum Enrollment.--Notwithstanding section 1237(b)(1) of the 
Food Security Act of 1985 (16 U.S.C. 3837(b)(1)) and section 808 of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (114 Stat. 1549, 1549A-52), 
subject to subsection (b), the Secretary shall use $200,000,000 of 
funds of the Commodity Credit Corporation for enrollment of additional 
acres beginning in fiscal year 2002 in the wetlands reserve program 
established under subchapter C of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.).
    (b) Technical Assistance; Monitoring and Maintenance Expenses.--
Notwithstanding section 11 of the Commodity Credit Corporation Charter 
Act (15 U.S.C. 714i), of the funds made available under subsection (a), 
the Secretary shall use--
            (1) not less than $12,000,000, but not more than 
        $15,000,000, to provide technical assistance under the wetlands 
        reserve program; and
            (2) not less than $8,000,000, but not more than 
        $10,000,000, for monitoring and maintenance expenses incurred 
        by the Secretary for land enrolled in the wetlands reserve 
        program as of the date of enactment of this Act.

SEC. 203. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    In addition to amounts made available under section 1241 of the 
Food Security Act of 1985 (16 U.S.C. 3841), the Secretary shall use 
$300,000,000 of funds of the Commodity Credit Corporation to carry out 
the environmental quality incentives program established under chapter 
4 of subtitle D of title XII of the Food Security Act of 1985 (16 
U.S.C. 3839aa et seq.).

SEC. 204. FARMLAND PROTECTION PROGRAM.

    (a) In General.--In addition to amounts made available under 
section 388(c) of the Federal Agriculture Improvement and Reform Act of 
1996 (16 U.S.C. 3830 note; Public Law 104-127) or any other provision 
of law, the Secretary shall use $161,000,000 of funds of the Commodity 
Credit Corporation to make payments under the farmland protection 
program established under section 388 of the Federal Agriculture 
Improvement and Reform Act of 1996 to--
            (1) any agency of any State or local government, or 
        federally recognized Indian tribe, including farmland 
        protection boards and land resource councils established under 
        State law; and
            (2) any organization that--
                    (A) is organized for, and at all times since the 
                formation of the organization has been operated 
                principally for, 1 or more of the conservation purposes 
                specified in clauses (i), (ii), and (iii) of section 
                170(h)(4)(A) of the Internal Revenue Code of 1986;
                    (B) is an organization described in section 
                501(c)(3) of that Code that is exempt from taxation 
                under section 501(a) of that Code;
                    (C) is described in section 509(a)(2) of that Code; 
                or
                    (D) is described in section 509(a)(3) of that Code 
                and is controlled by an organization described in 
                section 509(a)(2) of that Code.
    (b) Technical Assistance.--Notwithstanding section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i), of the funds 
made available under subsection (a), the Secretary may use not more 
than $13,000,000 to provide technical assistance under the farmland 
protection program.

                       TITLE III--ADMINISTRATION

SEC. 301. OBLIGATION PERIOD.

    The Secretary and the Commodity Credit Corporation shall obligate 
and expend funds only during fiscal year 2002 to carry out this Act and 
the amendments made by this Act (other than sections 106, 107, and 
110).

SEC. 302. COMMODITY CREDIT CORPORATION.

    Except as otherwise provided in this Act, the Secretary shall use 
the funds, facilities, and authorities of the Commodity Credit 
Corporation to carry out this Act.

SEC. 303. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act and the amendments made by this 
Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of the amendments made by 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.
                                 <all>