[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3160 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3160

  To provide emergency disaster assistance to agricultural producers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2002

 Mr. Nelson of Nebraska 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.--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, or both, 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) Crop Insurance.--In carrying out this section, the Secretary 
shall not discriminate against or penalize producers on a farm that 
have purchased crop insurance under the Federal Crop Insurance Act (7 
U.S.C. 1501 et seq.).

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 or 
2002 losses, or both, in a county that has received a corresponding 
emergency designation by the President or the Secretary, 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. FUNDING.

    Of the funds of the Commodity Credit Corporation, the Secretary 
shall--
            (1) use such sums as are necessary to carry out this Act; 
        and
            (2) transfer to section 32 of the Act of August 24, 1935 (7 
        U.S.C. 612c), an amount equal to the amount of funds under 
        section 32 of that Act that were made available before the date 
        of enactment of this Act to provide disaster assistance to crop 
        and livestock producers for losses suffered during 2001 and 
        2002, to remain available until expended.

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 Rule-Making.--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 avialable under this 
section is designated by Congress as an emergency requirement under 
sections 251(b)(2)(A) and 252(e) of the Act (2 U.S.C. 901(b)(2)(A), 
902(e)).

SEC. 7. BUDGETARY TREATMENT.

    Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set 
forth in the Joint Explanatory Statement of the Committee of Conference 
accompanying Conference Report No. 105-217, the provisions of this Act 
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 (2 U.S.C. 
902) were it included in an Act other than an appropriation Act shall 
be treated as direct spending or receipts legislation, as appropriate, 
under section 252 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 902).
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