[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[Senate]
[Pages S10395-S10396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Lugar, Mr. Kerry, Mr. Crapo, Mr. 
        McConnell, Mr. Helms, Mr. Dayton, Mr. Leahy, Mr. Hutchinson, 
        Mr. Miller, Mrs. Lincoln, Mr. Baucus, Mr. Roberts, Mr. Conrad, 
        and Mr. Nelson of Nebraska):
  S. 1519. A bill to amend the Consolidated Farm and Rural Development 
Act to provide farm credit assistance for activated reservists; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. HARKIN. Madam President, I am proud to be joined by Senators 
Lugar, Kerry, Crapo, McConnell, Helms, Dayton, Leahy, Hutchinson, 
Miller, Lincoln, Baucus, Roberts, Conrad, and Nelson today as we 
introduce legislation in support of those men and women who voluntarily 
leave their communities, leave their jobs, and leave their families to 
serve our country. In the past few weeks, thousands of men and women 
have been called to duty as reservists and members of the National 
Guard. Many of these people have volunteered to leave their farms to 
respond to the call. Some of these people borrow money from the USDA to 
sustain their farms. Because these reservists and members of the 
National Guard have been called up, they may find it difficult to 
continue to meet the terms of these loans. The bill offered today would 
alleviate some of the financial stress caused by the activation.
  The bill directs the USDA to use its lending authority to minimize 
the financial impact of a reservist being activated. The Secretary of 
Agriculture is directed to take actions to help keep the farm of an 
activated reservist in operation, including deferring scheduled 
payments, reducing interest rates, reamortizing or consolidating loans, 
or taking other restructuring actions. The bill also provides the USDA 
new authority to provide emergency loan assistance to farms financially 
injured because of the activation of a reservist.
  I thank Senator Kerry for this idea. He introduced legislation in 
1999, of which I was a cosponsor, that provided similar relief to 
borrowers from the Small Business Administration who are called up. 
Just as small businesses can be greatly affected by the absence of one 
person, farms many times rely entirely on the labor and ingenuity of 
just one or two key people.
  At this time, when these men and women are sacrificing so much, the 
least we can do is alleviate the financial strain at home caused by 
their willingness to serve. By enacting this modest measure, we can 
help lift worries about the farm at home from the minds of the 
individuals and families directly affected by activation.
  Madam President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1519

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

     SECTION 1. FARM CREDIT ASSISTANCE FOR ACTIVATED RESERVISTS.

       Subtitle D of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1981 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 376. FARM CREDIT ASSISTANCE FOR ACTIVATED RESERVISTS.

       ``(a) Definitions.--In this section:
       ``(1) Activated reservist.--The term `activated reservist' 
     means--
       ``(A) a member of a reserve component of any of the Armed 
     Forces of the United States who is serving on active duty in 
     support of a contingency operation (as defined in section 
     101(a)(13) of title 10, United States Code) pursuant to a 
     call or order issued on or after September 11, 2001, under a 
     provision of law referred to in subparagraph (B) of that 
     section; and
       ``(B) a member of the National Guard of a State not in 
     Federal service who is ordered to duty under the laws of the 
     State in support of any operation to protect persons or 
     property from an act of terrorism or a threat of attack by a 
     hostile force during the period of a national emergency 
     declared by the President or Congress on or after September 
     11, 2001.
       ``(2) Eligible person.--The term `eligible person' means--
       ``(A) an activated reservist who owns or operates a farm or 
     ranch;
       ``(B) an owner or operator of the farm or ranch who is a 
     member of the family of the activated reservist; and
       ``(C) an owner or operator of a farm or ranch on which an 
     activated reservist is employed.
       ``(b) Program.--The Secretary shall establish a program to 
     provide assistance to any borrower of a farmer program loan 
     who is an eligible person.
       ``(c) Modification of Loan Terms.--The Secretary shall 
     modify the terms and conditions of a farmer program loan 
     (including a loan in which any participant in the loan is an 
     eligible person) made to an eligible person for a farm or 
     ranch under this title, or purchased under section 309B, to 
     the extent necessary, as determined by the Secretary, to 
     alleviate conditions of distress related to the activation of 
     the activated reservist and to assist in maintaining the farm 
     or ranch for such period of time as the Secretary determines 
     is fair and equitable.
       ``(d) Debt Restructuring.--The Secretary may modify farmer 
     program loans, including delinquent loans, by deferring 
     principal or interest scheduled payments, reducing interest 
     rates or accumulated interest charges, reamortizing or 
     consolidating loans, reducing the amount of scheduled 
     principal or interest payments, releasing additional income, 
     reducing collateral requirements, or taking any other 
     restructuring actions determined appropriate by the 
     Secretary, to alleviate conditions of distress related to the 
     activation of the activated reservist and to assist in 
     maintaining the farm or ranch for such period of time as the 
     Secretary determines is fair and equitable.
       ``(e) Emergency Loans.--
       ``(1) In general.--The Secretary shall make an emergency 
     loan under subtitle C to an eligible person for a farm or 
     ranch that has suffered, or that is likely to suffer, 
     substantial economic injury as the result of the activation 
     of an activated reservist, as determined by the Secretary.
       ``(2) Administration.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an emergency loan made under this subsection shall be made 
     under the terms and conditions of subtitle C.
       ``(B) Exceptions.--An emergency loan made under this 
     subsection shall not be subject to--
       ``(i) the requirements of section 321(a) for a finding by 
     the Secretary that the applicants' farming, ranching, or 
     aquaculture operations have been substantially affected by a 
     natural disaster in the United States or by a major disaster 
     or emergency designated by the President;
       ``(ii) section 321(b); or
       ``(iii) any other requirement of subtitle C that the 
     Secretary waives to carry out this subsection.
       ``(3) Period of eligibility.--To obtain an emergency loan 
     under this subsection, an eligible person shall apply for the 
     emergency loan during the period--
       ``(A) beginning on the date on which the activated 
     reservist is activated; and

[[Page S10396]]

       ``(B) ending 180 days after the date on which the activated 
     reservist is discharged or released from active duty.
       ``(f) Notice.--The Secretary shall develop a program to 
     notify eligible persons of assistance that is available under 
     this section.
       ``(g) Spouses or Relatives.--
       ``(1) In general.--The Secretary may provide for procedures 
     under which the spouse or other close relative (as determined 
     by the Secretary) of an activated reservist may participate 
     in, or make decisions related to, a program administered by 
     the Secretary under this title.
       ``(2) Representation.--The Secretary may rely on the 
     representation of the spouse or close relative (even in the 
     absence of a power of attorney) made under the procedures 
     described in paragraph (1) if the Secretary--
       ``(A) determines that the reliance is appropriate in order 
     to prevent undue hardship and to provide equitable treatment 
     for the activated reservist; and
       ``(B) has no reason to believe that the representation of 
     the spouse or close relative is not in accordance with the 
     intent and interests of the activated reservist.''.

     SEC. 2. REGULATIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate such regulations as are necessary to implement the 
     amendment made by section 1.
       (b) Procedure.--The promulgation of the regulations and 
     administration of the amendment made by section 1 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.
                                 ______