I
107TH CONGRESS
2D SESSION
H. R. 5383
To provide emergency disaster assistance to agricultural producers.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 2002
Mrs. CUBIN introduced the following bill; which was referred to the Committee
on Agriculture, and in addition to the Committee on the Budget, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide emergency disaster assistance to agricultural
producers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Agricul-
tural Disaster Assistance Act of 2002’’.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) 
IN
GENERAL.—Notwithstanding 
section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(7)), 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
due to damaging weather or related condition, as deter-
mined by the Secretary.
(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Re-
lated 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.
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 pay-
ments for livestock losses to producers for 2001 and 2002
losses in a county that has received an emergency designa-
tion by the President or the Secretary after January 1,
2001, and January 1, 2002, respectively, of which an
amount determined by the Secretary shall be made avail-
able for the American Indian livestock program under sec-
tion 806 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–387; 114 Stat. 1549A–
51).
(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 806 of the Agriculture, Rural
Development, Food and Drug Administration, and Re-
lated Agencies Appropriations Act, 2001 (Public Law
106–387; 114 Stat. 1549A–51).
SEC. 4. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and au-
thorities of the Commodity Credit Corporation to carry
out this Act upon enactment.
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 regula-
tions and administration of this Act shall be made without
regard to—
(1) the notice and comment provisions of sec-
tion 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 re-
quest for a specific dollar amount that includes designa-
tion 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 avail-
able under this section is designated by Congress as an
emergency requirement under section 251(b)(2)(A) or
252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).
SEC. 7. CONGRESSIONAL BUDGET ACT.
Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Re-
port 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 sec-
tion 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985, were the provisions included in an
Act other than an appropriations Act, shall be treated as
direct spending or receipts legislation, as appropriate,
under such section, and by the Chairman of the Budget
Committees of the Senate and House of Representatives,
as appropriate, under the Congressional Budget Act of
1974.
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