[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2830 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2830

  To provide emergency disaster assistance to agricultural producers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2002

 Mr. Roberts (for himself, Mr. Brownback, Mr. Allard, Mr. Thomas, and 
  Mr. Crapo) 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)), subject to subsections (b) 
and (c) and section 4, the Secretary of Agriculture (referred to in 
this title 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.
    (c) Choice of Payments.--If a producer on a farm incurred 
qualifying crop losses for each of the 2001 and 2002 crop years, the 
producer may receive payments under this section for losses associated 
with the losses in either the 2001 crop year or the 2002 crop year, but 
not both.

SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS.

    (a) In General.--Subject to subsection (b) and section 4, the 
Secretary shall use such sums as are necessary of funds of the 
Commodity Credit Corporation to make and administer payments for 
livestock losses using the criteria established to carry out the 1999 
Livestock Assistance Program (except for application of the national 
percentage reduction factor) to producers for 2001 and 2002 losses in a 
county that has received an emergency designation by the President or 
the Secretary in calendar year 2001 or 2002.
    (b) Choice of Payments.--If a producer is on a farm located in a 
county that received an emergency designation described in subsection 
(a) in each of calendar years 2001 and 2002, the producer may receive 
payments under this section for losses associated with the declaration 
in either calendar year 2001 or calendar year 2002, but not both.

SEC. 4. INELIGIBILITY FOR PAYMENTS.

    (a) Definitions.--In this section
            (1) Insurable commodity.--The term ``insurable commodity'' 
        means an agricultural commodity (excluding livestock) for which 
        the producers on a farm are eligible to obtain a policy or plan 
        of insurance under the Federal Crop Insurance Act (7 U.S.C. 
        1501 et seq.).
            (2) Noninsurable commodity.--The term ``noninsurable 
        commodity'' means an eligible crop for which the producers on a 
        farm are eligible to obtain assistance under section 196 of the 
        Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7333).
    (b) Ineligibility.--Except as provided in subsection (c), the 
producers on a farm shall not be eligible for a payment under section 2 
with respect to losses to an insurable commodity or noninsurable 
commodity for a crop or calendar year (as applicable) if the producers 
on the farm--
            (1) in the case of an insurable commodity, did not obtain a 
        policy or plan of insurance for the insurable commodity for the 
        crop or calendar year (as applicable) under the Federal Crop 
        Insurance Act (7 U.S.C. 1501 et seq.); and
            (2) in the case of a noninsurable commodity, did not file 
        the required paperwork, and pay the administrative fee by the 
        applicable State filing deadline, for the noninsurable 
        commodity under section 196 of the Federal Agriculture 
        Improvement and Reform Act of 1996 (7 U.S.C. 7333).
    (c) Waivers.--The Secretary may waive the application of subsection 
(b) to the producers on a farm for a crop or calendar year (as 
applicable) if--
            (1) in the case of an insurable commodity, the producers on 
        the farm enter into a contract with the Secretary under which 
        the producers on the farm agree--
                    (A) to obtain a policy or plan of insurance for the 
                insurable commodity for each of the next 3 crop or 
                calendar years (as applicable) under the Federal Crop 
                Insurance Act (7 U.S.C. 1501 et seq.); and
                    (B) on violation of the contract, to forfeit the 
                right to receive any payment, loan, or benefit under 
                title I of the Farm Security and Rural Investment Act 
                of 2002 (7 U.S.C. 7901 et seq.) for each of such crop 
                or calendar years (as applicable); and
            (2) in the case of a noninsurable commodity, the producers 
        on the farm enter into a contract with the Secretary under 
        which the producers on the farm agree--
                    (A) to file the required paperwork, and pay the 
                administrative fee by the applicable State filing 
                deadline, for the noninsurable commodity for each of 
                the next 3 crop or calendar years (as applicable) under 
                section 196 of the Federal Agriculture Improvement and 
                Reform Act of 1996 (7 U.S.C. 7333); and
                    (B) on violation of the contract, to forfeit the 
                right to receive any payment, loan, or benefit under 
                title I of the Farm Security and Rural Investment Act 
                of 2002 (7 U.S.C. 7901 et seq.) for each of such crop 
                or calendar years (as applicable).

SEC. 5. COMMODITY CREDIT CORPORATION.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this title.

SEC. 6. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this title.
    (b) Procedure.--The promulgation of the regulations and 
administration of this title 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. 7. 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 
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 
902(e)).
                                 <all>