[Congressional Record Volume 148, Number 148 (Friday, November 15, 2002)]
[Senate]
[Page S11216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4962. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 4902 proposed by Mr. Lieberman (for himself, Mr. McCain, 
and Mr. Nelson of Nebraska) to the amendment SA 4901 proposed by Mr. 
Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. 
Barkley and Mr. Voinovich)) to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike all in the pending amendment No. 4902 and insert in 
     lieu thereof the following:
       Notwithstanding any other provision of this Act, section 
     1314 of the Thompson amendment is null and void, and shall 
     have no effect.
                                 ______
                                 
  SA 4963. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 4940 submitted by Mr. Dodd and intended to be proposed to 
the amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller Mr. Thompson, Mr. Barkley and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike all in the pending amendment No. 4940 and insert in 
     lieu thereof the following:
       Notwithstanding any other provision of the Thompson 
     amendment is null and void, and shall have no effect.
                                 ______
                                 
  SA 4964. Mr. NELSON of Nebraska (for himself, Mr. Harkin, and Mr. 
Johnson) submitted an amendment intended to be proposed by him to the 
joint resolution H.J. Res. 124, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EMERGENCY AGRICULTURAL ASSISTANCE.

       (a) Crop Disaster Assistance.--
       (1) In general.--The Secretary of Agriculture (referred to 
     in this section 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 
     subsection 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.
       (2) Administration.--The Secretary shall make assistance 
     available under this subsection 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.
       (3) Crop insurance.--In carrying out this subsection, 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.).
       (b) Livestock Assistance Program.--
       (1) 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).
       (2) 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).
       (c) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall--
       (1) use such sums as are necessary to carry out this 
     section; 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.
       (d) Regulations.--
       (1) In general.--The Secretary may promulgate such 
     regulations as are necessary to implement this section.
       (2) Procedure.--The promulgation of the regulations and 
     administration of this section shall be made without regard 
     to--
       (A) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (B) 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
       (C) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (3) Congressional review of agency rulemaking.--In carrying 
     out this subsection, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
       (e) Emergency Designation.--
       (1) In general.--The entire amount made available under 
     this section 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.).
       (2) Designation.--The entire amount made available under 
     this subsection 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)).
       (f) 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 section 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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