Directs the Secretary to provide assistance for: (1) soybeans and oilseeds; (2) quota or additional peanuts; (3) honey (loans); (4) wool and mohair; (5) cottonseed; (6) specialty crops, including school nutrition program commodities; (7) pulse crops (chickpeas, lentils, dry peas); and (8) tobacco.
Amends the Federal Agriculture Improvement and Reform Act of 1996 to extend loan deficiency payment eligibility through crop year 2002 for contract commodity producers who are not eligible for marketing assistance loans.
Directs the Secretary to make payments in lieu of loan deficiency payments for crop year 2002 to producers who: (1) elect to use wheat, grain sorghum, barley, or oats acreage for livestock grazing; and (2) agree to forgo any other harvesting of such crops on such acreage. States that such acreage shall be ineligible for Federal crop insurance.
Amends the Agricultural Market Transition Act to extend milk price supports.
Directs the Secretary to provide livestock feed assistance to producers affected by 2001 or 2002 disasters.
Increases crop year 2002 payment limitations respecting loan deficiency payments and marketing assistance loans for oilseeds and contract commodities.
States that funds shall be obligated and expended only during FY 2002 (with specified exceptions) to carry out this Act and its amendments.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2183 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2183
To provide emergency agricultural assistance to producers of the 2002
crop.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2002
Mr. Hutchinson introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To provide emergency agricultural assistance to producers of the 2002
crop.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Agricultural Assistance Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MARKET LOSS ASSISTANCE
Sec. 101. Market loss assistance.
Sec. 102. Oilseeds.
Sec. 103. Peanuts.
Sec. 104. Honey.
Sec. 105. Wool and mohair.
Sec. 106. Cottonseed.
Sec. 107. Specialty crops.
Sec. 108. Loan deficiency payments.
Sec. 109. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 110. Milk.
Sec. 111. Pulse crops.
Sec. 112. Tobacco.
Sec. 113. Livestock feed assistance program.
Sec. 114. Increase in payment limitations regarding loan deficiency
payments and marketing loan gains.
TITLE II--ADMINISTRATION
Sec. 201. Obligation period.
Sec. 202. Commodity Credit Corporation.
Sec. 203. Regulations.
TITLE I--MARKET LOSS ASSISTANCE
SEC. 101. MARKET LOSS ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall, to the maximum extent practicable, use
$5,603,000,000 of funds of the Commodity Credit Corporation to make a
market loss assistance payment to owners and producers on a farm that
are eligible for a final payment for fiscal year 2002 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act (7 U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the total contract payments received by the owners and
producers for fiscal year 2002 under a production flexibility contract
for the farm under the Agricultural Market Transition Act.
SEC. 102. OILSEEDS.
(a) In General.--The Secretary shall use $466,000,000 of funds of
the Commodity Credit Corporation to make payments to producers that
planted a 2002 crop of oilseeds (as defined in section 102 of the
Agricultural Market Transition Act (7 U.S.C. 7202)).
(b) Computation.--A payment to producers on a farm under this
section for an oilseed shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary;
(2) the acreage determined under subsection (c); and
(3) the yield determined under subsection (d).
(c) Acreage.--
(1) In general.--Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the number of acres planted
to the oilseed by the producers on the farm during the 1999,
2000, or 2001 crop year, whichever is greatest, as determined
by the Secretary.
(2) New producers.--In the case of producers on a farm that
planted acreage to a type of oilseed during the 2002 crop year
but not the 1999, 2000, or 2001 crop year, the acreage of the
producers for the type of oilseed under subsection (b)(2) shall
be equal to the number of acres planted to the type of oilseed
by the producers on the farm during the 2002 crop year, as
determined by the Secretary.
(d) Yield.--
(1) Soybeans.--Except as provided in paragraph (3), in the
case of soybeans, the yield of the producers on a farm under
subsection (b)(3) shall be equal to the greater of--
(A) the average county yield per harvested acre for
each of the 1997 through 2001 crop years, excluding the
crop year with the greatest yield per harvested acre
and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm
for the 1999, 2000, or 2001 crop year, as determined by
the Secretary.
(2) Other oilseeds.--Except as provided in paragraph (3),
in the case of oilseeds other than soybeans, the yield of the
producers on a farm under subsection (b)(3) shall be equal to
the greater of--
(A) the average national yield per harvested acre
for each of the 1997 through 2001 crop years, excluding
the crop year with the greatest yield per harvested
acre and the crop year with the lowest yield per
harvested acre; or
(B) the actual yield of the producers on the farm
for the 1999, 2000, or 2001 crop year, as determined by
the Secretary.
(3) New producers.--In the case of producers on a farm that
planted acreage to a type of an oilseed during the 2002 crop
year but not the 1999, 2000, or 2001 crop year, the yield of
the producers on a farm under subsection (b)(3) shall be equal
to the greater of--
(A) the average county yield per harvested acre for
each of the 1997 through 2001 crop years, excluding the
crop year with the greatest yield per harvested acre
and the crop year with the lowest yield per harvested
acre; or
(B) the actual yield of the producers on the farm
for the 2002 crop.
(4) Data source.--To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
SEC. 103. PEANUTS.
(a) In General.--The Secretary shall use not more than $55,000,000
of funds of the Commodity Credit Corporation to provide payments to
producers of quota peanuts or additional peanuts to partially
compensate the producers for continuing low commodity prices, and
increasing costs of production, for the 2002 crop year.
(b) Amount.--The amount of a payment made to producers on a farm of
quota peanuts or additional peanuts under subsection (a) shall be equal
to the product obtained by multiplying--
(1) the quantity of quota peanuts or additional peanuts
produced or considered produced on the farm during the 2002
crop year; and
(2) a payment rate equal to--
(A) in the case of quota peanuts, $30.50 per ton;
and
(B) in the case of additional peanuts, $16.00 per
ton.
(c) Losses.--The Secretary shall use such sums of the Commodity
Credit Corporation as are necessary to offset losses for the 2002 crop
of peanuts described in section 155(d) of the Agricultural Market
Transition Act (7 U.S.C. 7271(d)).
SEC. 104. HONEY.
(a) In General.--The Secretary shall use $93,000,000 of funds of
the Commodity Credit Corporation to make available recourse loans to
producers of the 2002 crop of honey on fair and reasonable terms and
conditions, as determined by the Secretary.
(b) Loan Rate.--The loan rate for a loan under subsection (a) shall
be equal to 85 percent of the average price of honey during the 5-crop
year period preceding the 2002 crop year, excluding the crop year in
which the average price of honey was the highest and the crop year in
which the average price of honey was the lowest in the period.
(c) Term of Loan.--A loan under this section shall have a term of 9
months beginning on the first day of the first month after the month in
which the loan is made.
SEC. 105. WOOL AND MOHAIR.
(a) In General.--The Secretary shall use $10,000,000 of funds of
the Commodity Credit Corporation to provide a supplemental payment
under section 814 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (114
Stat. 1549, 1549A-55), to producers of wool, and producers of mohair,
for the 2002 marketing year that received a payment under that section.
(b) Payment Rate.--The Secretary shall adjust the payment rate
specified in that section to reflect the amount made available for
payments under this section.
SEC. 106. COTTONSEED.
The Secretary shall use $100,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers and first-
handlers of the 2002 crop of cottonseed.
SEC. 107. SPECIALTY CROPS.
(a) Definition of Specialty Crop.--In this section, the term
``specialty crop'' means any agricultural commodity, other than wheat,
feed grains, oilseeds, cotton, rice, peanuts, or tobacco.
(b) Grants.--The Secretary shall use $150,000,000 of funds of the
Commodity Credit Corporation to make a grant to each State in an amount
that represents the proportion that--
(1) the value of specialty crop production in the State;
bears to
(2) the value of specialty crop production in all States.
(c) Use.--As a condition of the receipt of a grant under this
section, a State shall agree to use the grant to support specialty
crops.
(d) Purchases for School Nutrition Programs.--The Secretary shall
use not less than $55,000,000 of the funds made available under
subsection (a) to purchase agricultural commodities of the type
distributed under section 6(a) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1755(a)) for distribution to schools and
service institutions in accordance with section 6(a) of that Act.
SEC. 108. LOAN DEFICIENCY PAYMENTS.
Section 135 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7235) is amended--
(1) in subsection (a)(2), by striking ``the 2000 crop
year'' and inserting ``each of the 2000 through 2002 crop
years''; and
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Beneficial Interest.--
``(1) In general.--A producer shall be eligible for a
payment for a loan commodity under this section only if the
producer has a beneficial interest in the loan commodity, as
determined by the Secretary.
``(2) Application.--The Secretary shall make a payment
under this section to the producers on a farm with respect to a
quantity of a loan commodity as of the earlier of--
``(A) the date on which the producers on the farm
marketed or otherwise lost beneficial interest in the
loan commodity, as determined by the Secretary; or
``(B) the date the producers on the farm request
the payment.''.
SEC. 109. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) In General.--Subtitle C of title I of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7231 et seq.) is amended
by adding at the end the following:
``SEC. 138. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
``(a) In General.--For the 2002 crop of wheat, grain sorghum,
barley, and oats, in the case of the producers on a farm that would be
eligible for a loan deficiency payment under section 135 for wheat,
grain sorghum, barley, or oats, but that elects to use acreage planted
to the wheat, grain sorghum, barley, or oats for the grazing of
livestock, the Secretary shall make a payment to the producers on the
farm under this section if the producers on the farm enter into an
agreement with the Secretary to forgo any other harvesting of the
wheat, grain sorghum, barley, or oats on the acreage.
``(b) Payment Amount.--The amount of a payment made to the
producers on a farm under this section shall be equal to the amount
obtained by multiplying--
``(1) the loan deficiency payment rate determined under
section 135(c) in effect, as of the date of the agreement, for
the county in which the farm is located; by
``(2) the payment quantity obtained by multiplying--
``(A) the quantity of the grazed acreage on the
farm with respect to which the producers on the farm
elect to forgo harvesting of wheat, grain sorghum,
barley, or oats; and
``(B) the payment yield for that contract commodity
on the farm.
``(c) Time, Manner, and Availability of Payment.--
``(1) Time and manner.--A payment under this section shall
be made at the same time and in the same manner as loan
deficiency payments are made under section 135.
``(2) Availability.--The Secretary shall establish an
availability period for the payment authorized by this section
that is consistent with the availability period for wheat,
grain sorghum, barley, and oats established by the Secretary
for marketing assistance loans authorized by this subtitle.
``(d) Prohibition on Crop Insurance or Noninsured Crop
Assistance.--The producers on a farm shall not be eligible for
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
or noninsured crop assistance under section 196 with respect to a crop
of wheat, grain sorghum, barley, or oats planted on acreage that the
producers on the farm elect, in the agreement required by subsection
(a), to use for the grazing of livestock in lieu of any other
harvesting of the crop.''.
SEC. 110. MILK.
Section 141 of the Agricultural Market Transition Act (7 U.S.C.
7251) is amended by striking ``May 31, 2002'' each place it appears and
inserting ``December 31, 2002''.
SEC. 111. PULSE CROPS.
(a) In General.--The Secretary shall use $20,000,000 of funds of
the Commodity Credit Corporation to provide assistance in the form of a
market loss assistance payment to owners and producers on a farm that
grow a 2002 crop of dry peas, lentils, or chickpeas (collectively
referred to in this section as a ``pulse crop'').
(b) Computation.--A payment to owners and producers on a farm under
this section for a pulse crop shall be equal to the product obtained by
multiplying--
(1) a payment rate determined by the Secretary; by
(2) the acreage of the producers on the farm for the pulse
crop determined under subsection (c).
(c) Acreage.--
(1) In general.--The acreage of the producers on the farm
for a pulse crop under subsection (b)(2) shall be equal to the
number of acres planted to the pulse crop by the owners and
producers on the farm during the 1999, 2000, or 2001 crop year,
whichever is greatest.
(2) Basis.--For the purpose of paragraph (1), the number of
acres planted to a pulse crop by the owners and producers on
the farm for a crop year shall be based on (as determined by
the Secretary)--
(A) the number of acres planted to the pulse crop
for the crop year by the owners and producers on the
farm, including any acreage that is included in reports
that are filed late; or
(B) the number of acres planted to the pulse crop
for the crop year for the purpose of the Federal crop
insurance program established under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 112. TOBACCO.
(a) Payments.--The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide supplemental payments to
owners, controllers, and growers of tobacco for which a basic quota or
allotment is established for the 2002 crop year under part I of
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.), as determined by the Secretary.
(b) Loan Forfeitures.--Notwithstanding sections 106 through 106B of
the Agricultural Act of 1949 (7 U.S.C. 1445 through 1445-2)--
(1) a producer-owned cooperative marketing association may
fully settle (without further cost to the Association) a loan
made for each of the 2000 and 2001 crops of types 21, 22, 23,
35, 36, and 37 of an agricultural commodity under sections 106
through 106B of that Act by forfeiting to the Commodity Credit
Corporation the agricultural commodity covered by the loan
regardless of the condition of the commodity;
(2) any losses to the Commodity Credit Corporation as a
result of paragraph (1)--
(A) shall not be charged to the Account (as defined
in section 106B(a) of that Act); and
(B) shall not affect the amount of any assessment
imposed against the commodity under sections 106
through 106B of that Act; and
(3) the commodity forfeited pursuant to this subsection--
(A) shall not be counted for the purposes of any
determination for any year pursuant to section 319 of
the Agricultural Adjustment Act of 1938 (7 U.S.C.
1314e); and
(B) may be disposed of in a manner determined by
the Secretary of Agriculture, except that the commodity
may not be sold for use in the United States for human
consumption.
SEC. 113. LIVESTOCK FEED ASSISTANCE PROGRAM.
The Secretary shall use $500,000,000 of funds of the Commodity
Credit Corporation to provide livestock feed assistance to livestock
producers affected by disasters during calendar year 2001 or 2002.
SEC. 114. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY
PAYMENTS AND MARKETING LOAN GAINS.
Notwithstanding section 1001(2) of the Food Security Act of 1985 (7
U.S.C. 1308(1)), the total amount of the payments specified in section
1001(3) of that Act (7 U.S.C. 1308(3)) that a person shall be entitled
to receive for 1 or more contract commodities and oilseeds under the
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) during the
2002 crop year may not exceed $150,000.
TITLE II--ADMINISTRATION
SEC. 201. OBLIGATION PERIOD.
The Secretary and the Commodity Credit Corporation shall obligate
funds only during fiscal year 2002 to carry out this Act and the
amendments made by this Act (other than sections 106, 107, and 110).
SEC. 202. COMMODITY CREDIT CORPORATION.
Except as otherwise provided in this Act, the Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this Act.
SEC. 203. 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S2836-2837)
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