[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[Senate]
[Pages S7169-S7170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HAGEL (for himself and Mr. Enzi):
  S. 2788. A bill to provide to agricultural producers emergency 
livestock assistance and assistance for control of grasshoppers and 
Mormon crickets, with offsets; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. HAGEL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2768

       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 Livestock 
     Assistance Act of 2002''.

     SEC. 2. ASSISTANCE FOR LIVESTOCK PRODUCERS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall use the funds, facilities, and authorities of the 
     Commodity Credit Corporation in an amount equal to 
     $620,000,000 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) Prevention of Double 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. 3. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

       (a) In General.--The Secretary shall use $14,000,000 of the 
     funds of the Commodity Credit Corporation to control 
     grasshoppers and Mormon crickets on Federal, State, and 
     private land during fiscal years 2002 and 2003,

[[Page S7170]]

     in accordance with section 417 of the Plant Protection Act (7 
     U.S.C. 7717).
       (b) Federal Cost Share of Treatment.--Section 417(d) of the 
     Plant Protection Act (7 U.S.C. 7717(d)) is amended--
       (1) in paragraph (2), by inserting ``(or, in the case of 
     costs incurred during fiscal years 2002 and 2003, 66.67 
     percent)'' after ``50 percent''; and
       (2) in paragraph (3), by inserting ``(or, in the case of 
     costs incurred during fiscal years 2002 and 2003, 66.67 
     percent)'' after ``33.3 percent''.

     SEC. 4. OFFSETS.

       (a) Loan Rates.--Section 1202 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7932) is amended--
       (1) in subsection (a), by striking ``2002 and 2003 Crop 
     Years.--For purposes of the 2002 and 2003 crop years,'' and 
     inserting ``2002 Crop Year.--For purposes of the 2002 crop 
     year,''; and
       (2) in subsection (b), by striking ``2004 Through 2007 crop 
     Years.--For purposes of the 2004 through 2007 crop years,'' 
     and inserting ``2003 Through 2007 Crop Years.--For purposes 
     of the 2003 through 2007 crop years,''.
       (b) Environmental Quality Incentives Program.--
       (1) Allocation of funding.--Section 1240B(g) of the Food 
     Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by 
     striking ``For each of fiscal years 2002 through 2007, 60 
     percent'' and inserting ``For fiscal year 2002 and each of 
     fiscal years 2004 through 2007, 60 percent, and for fiscal 
     year 2003, 100 percent,''.
       (2) Fiscal year 2003 funding.--Section 1241(a)(6)(B) of the 
     Food Security Act of 1985 (16 U.S.C. 3841(a)(6)(B)) is 
     amended by striking ``$700,000,000'' and inserting 
     ``$420,000,000''.
       (c) Desert Terminal Lakes.--
       (1) In general.--Section 2507 of the Farm Security and 
     Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
     107-171) is repealed.
       (2) Rescission.--Funds transferred under that section (as 
     in effect before the amendment made by paragraph (1)) are 
     rescinded.

     SEC. 5. 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 this Act and 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.
                                 ______