[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1519 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1519
To amend the Consolidated Farm and Rural Development Act to provide
farm credit assistance for activated reservists.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 9, 2001
Mr. Harkin (for himself, Mr. Lugar, Mr. Kerry, Mr. Crapo, Mr.
McConnell, Mr. Helms, Mr. Dayton, Mr. Leahy, Mr. Hutchinson, Mr.
Miller, Mrs. Lincoln, Mr. Baucus, Mr. Roberts, Mr. Conrad, and Mr.
Nelson of Nebraska) introduced the following bill; which was read twice
and referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Consolidated Farm and Rural Development Act to provide
farm credit assistance for activated reservists.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FARM CREDIT ASSISTANCE FOR ACTIVATED RESERVISTS.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 376. FARM CREDIT ASSISTANCE FOR ACTIVATED RESERVISTS.
``(a) Definitions.--In this section:
``(1) Activated reservist.--The term `activated reservist'
means--
``(A) a member of a reserve component of any of the
Armed Forces of the United States who is serving on
active duty in support of a contingency operation (as
defined in section 101(a)(13) of title 10, United
States Code) pursuant to a call or order issued on or
after September 11, 2001, under a provision of law
referred to in subparagraph (B) of that section; and
``(B) a member of the National Guard of a State not
in Federal service who is ordered to duty under the
laws of the State in support of any operation to
protect persons or property from an act of terrorism or
a threat of attack by a hostile force during the period
of a national emergency declared by the President or
Congress on or after September 11, 2001.
``(2) Eligible person.--The term `eligible person' means--
``(A) an activated reservist who owns or operates a
farm or ranch;
``(B) an owner or operator of the farm or ranch who
is a member of the family of the activated reservist;
and
``(C) an owner or operator of a farm or ranch on
which an activated reservist is employed.
``(b) Program.--The Secretary shall establish a program to provide
assistance to any borrower of a farmer program loan who is an eligible
person.
``(c) Modification of Loan Terms.--The Secretary shall modify the
terms and conditions of a farmer program loan (including a loan in
which any participant in the loan is an eligible person) made to an
eligible person for a farm or ranch under this title, or purchased
under section 309B, to the extent necessary, as determined by the
Secretary, to alleviate conditions of distress related to the
activation of the activated reservist and to assist in maintaining the
farm or ranch for such period of time as the Secretary determines is
fair and equitable.
``(d) Debt Restructuring.--The Secretary may modify farmer program
loans, including delinquent loans, by deferring principal or interest
scheduled payments, reducing interest rates or accumulated interest
charges, reamortizing or consolidating loans, reducing the amount of
scheduled principal or interest payments, releasing additional income,
reducing collateral requirements, or taking any other restructuring
actions determined appropriate by the Secretary, to alleviate
conditions of distress related to the activation of the activated
reservist and to assist in maintaining the farm or ranch for such
period of time as the Secretary determines is fair and equitable.
``(e) Emergency Loans.--
``(1) In general.--The Secretary shall make an emergency
loan under subtitle C to an eligible person for a farm or ranch
that has suffered, or that is likely to suffer, substantial
economic injury as the result of the activation of an activated
reservist, as determined by the Secretary.
``(2) Administration.--
``(A) In general.--Except as provided in
subparagraph (B), an emergency loan made under this
subsection shall be made under the terms and conditions
of subtitle C.
``(B) Exceptions.--An emergency loan made under
this subsection shall not be subject to--
``(i) the requirements of section 321(a)
for a finding by the Secretary that the
applicants' farming, ranching, or aquaculture
operations have been substantially affected by
a natural disaster in the United States or by a
major disaster or emergency designated by the
President;
``(ii) section 321(b); or
``(iii) any other requirement of subtitle C
that the Secretary waives to carry out this
subsection.
``(3) Period of eligibility.--To obtain an emergency loan
under this subsection, an eligible person shall apply for the
emergency loan during the period--
``(A) beginning on the date on which the activated
reservist is activated; and
``(B) ending 180 days after the date on which the
activated reservist is discharged or released from
active duty.
``(f) Notice.--The Secretary shall develop a program to notify
eligible persons of assistance that is available under this section.
``(g) Spouses or Relatives.--
``(1) In general.--The Secretary may provide for procedures
under which the spouse or other close relative (as determined
by the Secretary) of an activated reservist may participate in,
or make decisions related to, a program administered by the
Secretary under this title.
``(2) Representation.--The Secretary may rely on the
representation of the spouse or close relative (even in the
absence of a power of attorney) made under the procedures
described in paragraph (1) if the Secretary--
``(A) determines that the reliance is appropriate
in order to prevent undue hardship and to provide
equitable treatment for the activated reservist; and
``(B) has no reason to believe that the
representation of the spouse or close relative is not
in accordance with the intent and interests of the
activated reservist.''.
SEC. 2. REGULATIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Agriculture shall promulgate such
regulations as are necessary to implement the amendment made by section
1.
(b) Procedure.--The promulgation of the regulations and
administration of the amendment made by section 1 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10395)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S10395-10396)
Committee on Agriculture, Nutrition, and Forestry. Ordered to be reported without amendment favorably.
Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Harkin without amendment. Without written report.
Committee on Agriculture, Nutrition, and Forestry. Reported by Senator Harkin without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 260.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S12987; text: CR S12987)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S12987; text: CR S12987)
Message on Senate action sent to the House.
Received in the House.
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Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.