Home > 105th Congressional Bills > S. 1550 (is) To suspend until December 31, 2002, the duty on Benzoic acid, 4-[[(2,5- dichlorophenyl)amino]carbonyl]-2-[[2-hydroxy-3-[[(2- methoxyphenyl)amino]carbonyl]-1-naphthalenyl]-, methyl ester. ...

S. 1550 (is) To suspend until December 31, 2002, the duty on Benzoic acid, 4-[[(2,5- dichlorophenyl)amino]carbonyl]-2-[[2-hydroxy-3-[[(2- methoxyphenyl)amino]carbonyl]-1-naphthalenyl]-, methyl ester. ...


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108th CONGRESS
  1st Session
                                 S. 154

To provide emergency disaster assistance to agricultural producers, to 
     impose tariff-rate quotas on certain casein and milk protein 
concentrates, and to amend the Internal Revenue Code of 1986 to provide 
 tax relief for farmers and the producers of biodiesel, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2003

  Mr. Dayton introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide emergency disaster assistance to agricultural producers, to 
     impose tariff-rate quotas on certain casein and milk protein 
concentrates, and to amend the Internal Revenue Code of 1986 to provide 
 tax relief for farmers and the producers of biodiesel, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Table of contents.
          TITLE I--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

Sec. 101. Short title.
Sec. 102. Crop disaster assistance.
Sec. 103. Livestock assistance program.
Sec. 104. Funding.
Sec. 105. Regulations.
Sec. 106. Emergency designation.
Sec. 107. Budgetary treatment.
             TITLE II--CASEIN AND MILK PROTEIN CONCENTRATES

Sec. 201. Imposition of tariff-rate quotas on certain casein and milk 
                            concentrates.
Sec. 202. Compensation authority.
                  TITLE III--BIODIESEL RENEWABLE FUEL

Sec. 301. Short title; etc.
Sec. 302. Credit for biodiesel used as fuel.
Sec. 303. Reduction of motor fuel excise taxes on biodiesel mixtures.
Sec. 304. Highway Trust Fund held harmless.
Sec. 305. Federal agency ethanol-blended gasoline and biodiesel 
                            purchasing requirement.

          TITLE I--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Emergency Agricultural Disaster 
Assistance Act of 2003''.

SEC. 102. CROP DISASTER ASSISTANCE.

    (a) In General.--The Secretary of Agriculture (referred to in this 
title 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. 103. 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. 1549, 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. 1549, 1549A-51).

SEC. 104. FUNDING.

    Of the funds of the Commodity Credit Corporation, the Secretary 
shall use such sums as are necessary to carry out this title, to remain 
available until expended.

SEC. 105. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this title.
    (b) Procedure.--The promulgation of the regulations and 
administration of this title 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. 106. EMERGENCY DESIGNATION.

    (a) In General.--The entire amount made available under this title 
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. 107. 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 
title 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).

             TITLE II--CASEIN AND MILK PROTEIN CONCENTRATES

SEC. 201. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN AND MILK 
              CONCENTRATES.

    (a) Casein and Casein Products.--
            (1) In general.--The Additional U.S. notes to chapter 35 of 
        the Harmonized Tariff Schedule of the United States are 
        amended--
                    (A) in note 1, by striking ``subheading 
                3501.10.10'' and inserting ``subheadings 3501.10.05, 
                3501.10.15, and 3501.10.20''; and
                    (B) by adding at the end the following new note:
    ``2. The aggregate quantity of casein, caseinates, milk protein 
concentrate, and other casein derivatives entered under subheadings 
3501.10.15, 3501.10.65, and 3501.90.65 in any calendar year shall not 
exceed 54,051,000 kilograms. Articles the product of Mexico shall not 
be permitted or included under this quantitative limitation and no such 
article shall be classifiable therein.''.
            (2) Rates for certain caseins, caseinates, and other 
        derivatives and glues.--Chapter 35 of the Harmonized Tariff 
        Schedule of the United States is amended by striking 
        subheadings 3501.10 through 3501.90.60, inclusive, and 
        inserting the following new subheadings with article 
        descriptions for subheadings 3501.10 and 3501.90 having the 
        same degree of indentation as the article description for 
        subheading 3502.20.00:
      

``         3501.10                Casein:
           .................       Milk protein
                                    concentrate:
           3501.10.05               Described in     0.37 cents/kg   Free (A*, CA, E, IL, J,  12 cents/kg
                                     general note                     MX)
                                     15 of the
                                     tariff
                                     schedule and
                                     entered
                                     pursuant to
                                     its provisions
           3501.10.15               Described in     0.37 cents/kg   Free (A*, CA, E, IL, J)  12 cents/kg
                                     additional
                                     U.S. note 2 to
                                     this chapter
                                     and entered
                                     according to
                                     its provisions
           3501.10.20               Other..........  $2.16/kg        Free (MX)                $2.81/kg
           .................       Other:
           3501.10.55               For industrial   Free            Free (A*, CA, E, IL, J,  Free
                                     uses other                       MX)
                                     than the
                                     manufacture of
                                     food for
                                     humans or
                                     other animals
                                     or as
                                     ingredients in
                                     such food.....
           .................        Other:
           3501.10.60                Described in    Free            Free (A*, CA, E, IL, J,  12 cents/kg
                                      general note                    MX)
                                      15 of the
                                      tariff
                                      schedule and
                                      entered
                                      pursuant to
                                      its
                                      provisions...
           3501.10.65                Described in    0.37 cents/kg   Free (A*, CA, E, IL, J)  12 cents/kg
                                      additional
                                      U.S. note 2
                                      to this
                                      chapter and
                                      entered
                                      according to
                                      its
                                      provisions...
           3501.10.70                Other.........  $2.16/kg        Free (MX)                $2.81/kg
           3501.90                Other:
           3501.90.05              Casein glues....  6%              Free (A*, CA, E, IL, J,  30%
                                                                      MX)
           .................       Other:
           3501.90.30               For industrial   6%              Free (A*, CA, E, IL, J,  30%
                                     uses other                       MX)
                                     than the
                                     manufacture of
                                     food for
                                     humans or
                                     other animals
                                     or as
                                     ingredients in
                                     such food.....
           .................        Other:
           3501.90.55                Described in    0.37 cents/kg   Free (A*, CA, E, IL, J,  12.1 cents/kg
                                      general note                    MX)
                                      15 of the
                                      tariff
                                      schedule and
                                      entered
                                      pursuant to
                                      its
                                      provisions...
           3501.90.65                Described in    0.37 cents/kg   Free (A*, CA, E, IL, J)  12.1 cents/kg
                                      additional
                                      U.S. note 2
                                      to this
                                      chapter and
                                      entered
                                      according to
                                      its
                                      provisions...
           3501.90.70                Other.........  $2.16/kg        Free (MX)                $2.81/kg
                                                                                                              ''

    (b) Milk Protein Concentrates.--
            (1) In general.--The Additional U.S. notes to chapter 4 of 
        the Harmonized Tariff Schedule of the United States are 
        amended--
                    (A) in note 13, by striking ``subheading 
                0404.90.10'' and inserting ``subheadings 0404.90.05, 
                0404.90.15, and 0404.90.20''; and
                    (B) by adding at the end the following new note:
    ``27. The aggregate quantity of milk protein concentrates entered 
under subheading 0404.90.15 in any calendar year shall not exceed 
15,818,000 kilograms. Articles the product of Mexico shall not be 
permitted or included under this quantitative limitation and no such 
article shall be classifiable therein.''.
            (2) Rates for certain milk protein concentrates.--Chapter 4 
        of the Harmonized Tariff Schedule of the United States is 
        amended by striking subheading 0404.90 through 0404.90.10, 
        inclusive, and inserting the following new subheadings with the 
        article description for subheading 0404.90 having the same 
        degree of indentation as the article description for subheading 

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