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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Emergency Agricultural Disaster
Assistance Act of 2002''.

SEC. 2. CROP DISASTER ASSISTANCE.

(a) In General.--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, or both, due to damaging weather or related condition, as
determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section 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.
(c) Crop Insurance.--In carrying out this section, 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.).

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 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).
(b) 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).

SEC. 4. FUNDING.

Of the funds of the Commodity Credit Corporation, the Secretary
shall--
(1) use such sums as are necessary to carry out this Act;
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.

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 regulations and
administration of 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.

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 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.).
(b) Designation.--The entire amount made available under this
section 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)).

SEC. 7. 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 Act
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).
Emergency Agricultural Disaster Assistance Act of 2002 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers (without regard to Federal crop insurance coverage) who have incurred qualifying 2001 and/or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and/or 2002 losses in an emergency-designated county, with set-asides for the American Indian livestock program.