[Congressional Record Volume 148, Number 43 (Wednesday, April 17, 2002)]
[Senate]
[Pages S2836-S2838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HUTCHINSON:
  S. 2183. A bill to provide emergency agricultural assistance to 
producers of the 2002 crop; to the Committee on Agriculture, Nutrition, 
and Forestry.
 Mr. HUTCHINSON. Mr. President, I ask unanimous consent that a 
copy of the ``Emergency Agricultural Assistance Act of 2002'', which I 
am introducing today be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2183

       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. Specialty crops.
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.
Sec. 114. Increase in payment limitations regarding loan deficiency 
              payments and marketing loan gains.

                        TITLE II--ADMINISTRATION

Sec. 201. Obligation period.
Sec. 202. Commodity Credit Corporation.
Sec. 203. 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, to the maximum 
     extent practicable, use $5,603,000,000 of funds of the 
     Commodity Credit Corporation to make 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) Amount.--The amount of assistance made available to 
     owners and producers on a farm under this section shall be 
     proportionate to the amount of the total contract payments 
     received by the owners and producers for fiscal year 2002 
     under a production flexibility contract for the farm under 
     the Agricultural Market Transition Act.

     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.

       (a) In General.--The Secretary shall use not more than 
     $55,000,000 of funds of the Commodity Credit Corporation to 
     provide payments to producers of quota peanuts or additional 
     peanuts to partially compensate the producers for continuing 
     low commodity prices, and increasing costs of production, for 
     the 2002 crop year.
       (b) Amount.--The amount of a payment made to producers on a 
     farm of quota peanuts or additional peanuts under subsection 
     (a) shall be equal to the product obtained by multiplying--
       (1) the quantity of quota peanuts or additional peanuts 
     produced or considered produced on the farm during the 2002 
     crop year; and
       (2) a payment rate equal to--
       (A) in the case of quota peanuts, $30.50 per ton; and
       (B) in the case of additional peanuts, $16.00 per ton.
       (c) Losses.--The Secretary shall use such sums of the 
     Commodity Credit Corporation as are necessary to offset 
     losses for the 2001 crop of peanuts described in section 
     155(d) of the Agricultural Market Transition Act (7 U.S.C. 
     7271(d)).

     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 $10,000,000 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 $100,000,000 of funds of the 
     Commodity Credit Corporation to provide assistance to 
     producers and first-handlers of the 2002 crop of cottonseed.

[[Page S2837]]

     SEC. 107. SPECIALTY CROPS.

       (a) Definition of Specialty Crop.--In this section, the 
     term ``specialty crop'' means any agricultural commodity, 
     other than wheat, feed grains, oilseeds, cotton, rice, 
     peanuts, or tobacco.
       (b) Grants.--The Secretary shall use $150,000,000 of funds 
     of the Commodity Credit Corporation to make a grant to each 
     State in an amount that represents the proportion that--
       (1) the value of specialty crop production in the State; 
     bears to
       (2) the value of specialty crop production in all States.
       (c) Use.--As a condition of the receipt of a grant under 
     this section, a State shall agree to use the grant to support 
     specialty crops.
       (d) 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 through 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.''.

     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.

     SEC. 114. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN 
                   DEFICIENCY PAYMENTS AND MARKETING LOAN GAINS.

       Notwithstanding section 1001(2) of the Food Security Act of 
     1985 (7 U.S.C. 1308(1)), the total amount of the payments 
     specified in section 1001(3) of that Act (7 U.S.C. 1308(3)) 
     that a person shall be entitled to receive for 1 or more 
     contract commodities and oilseeds under the Agricultural 
     Market Transition Act (7 U.S.C. 7201 et seq.) during the 2002 
     crop year may not exceed $150,000.

                        TITLE II--ADMINISTRATION

     SEC. 201. OBLIGATION PERIOD.

       The Secretary and the Commodity Credit Corporation shall 
     obligate 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. 202. 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. 203. 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.

[[Page S2838]]

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