II

103D CONGRESS

1ST SESSION S. 1550

To make systematic and comprehensive reductions in Federal spending and

eliminate wasteful spending while preserving the ability of the Federal

Government to meet its responsibilities.

IN THE SENATE OF THE UNITED STATES

OCTOBER 15 (legislative day, OCTOBER 13), 1993

Mr. LIEBERMAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To make systematic and comprehensive reductions in Federal

spending and eliminate wasteful spending while preserving the ability of the Federal Government to meet its

responsibilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Spending and Deficit Reduction Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—DEPARTMENT OF DEFENSE
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Sec. 101. Strategic defense initiative.

Sec. 102. Limitation on the number of nuclear warheads maintained by the

United States.

Sec. 103. Limitation on expenditures for nuclear weapons research, development, and testing activities of the Department of Energy.

Sec. 104. Required exercise of early retirement authority.

Sec. 105. Military family housing.

Sec. 106. End strength and grade distribution for civilian personnel of the Department of Defense.

Sec. 107. Consolidation and reduction of recruiting activities of the Armed

Forces.

Sec. 108. Use of commissary store revenues for operations.

Sec. 109. Use of Armed Forces for base operations and construction.

Sec. 110. Increased burden sharing by allies of the United States.

TITLE II—DEPARTMENT OF STATE

Sec. 201. Elimination of redundant foreign affairs activities.

TITLE III—COMMITTEE ON AGRICULTURE, NUTRITION, AND

FORESTRY

Subtitle A—Commodity Programs

Sec. 301. Reduction of deficiency payments.

Sec. 302. Reduction of base acreage eligible for deficiency payments.

Sec. 303. Increased producer contributions for dairy price support program.

Sec. 304. Removal of minimum price provisions of milk marketing orders.

Sec. 305. Elimination of wool and mohair price support program.

Sec. 306. Elimination of honey price support program.

Sec. 307. Transition provision.

Sec. 308. Effective date.

Subtitle B—Replacement of Federal Crop Insurance with Emergency Crop

Loss Assistance

Sec. 321. Emergency crop loss assistance.

Sec. 322. Elimination of Federal crop insurance.

Sec. 323. Effective date.

Subtitle C—Other Agricultural Programs

Sec. 331. Elimination of title I sales and title III grants under P.L. 480.

Sec. 332. Elimination of interest rate subsidy for REA direct loans.

Sec. 333. Consolidation of field offices of Department of Agriculture.

TITLE IV—COMMITTEE ON ENERGY AND NATURAL RESOURCES

Sec. 401. Elimination of below-cost timber sales from national forests.

Sec. 402. Reduction in funding for Tennessee Valley Authority.

Sec. 403. Debt repayment for hydroelectric power projects.

Sec. 404. Increase in pricing for use of public lands.

TITLE V—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

Sec. 501. Highway demonstration projects.
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TITLE VI—COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Sec. 601. Radio spectrum royalty.

Sec. 602. Inland waterway system.

TITLE VII—CIVIL SERVICE PROGRAMS

Sec. 701. Prefunding of government contributions for Federal annuitants’

health insurance.

Sec. 702. Repeal of the provision excluding senior executives from the limitation

generally applicable on the accumulation of annual leave.

Sec. 703. Elimination of administratively uncontrollable overtime pay.

TITLE VIII—COMMITTEE ON FINANCE

Sec. 801. One dollar fee for processing paper claims.

Sec. 802. Auction of import licenses.

TITLE IX—REINVENTING GOVERNMENT

Sec. 901. Encouraging agency cost efficiency and employee savings ideas.

1 TITLE I—DEPARTMENT OF

2 DEFENSE

3 SEC. 101. STRATEGIC DEFENSE INITIATIVE.

4 (a) TOTAL APPROPRIATIONS FOR BALLISTIC MIS5 SILE DEFENSE FOR FISCAL YEARS 1994 THROUGH

6 1998.—Notwithstanding any other provision of law, the

7 total amount appropriated for fiscal years 1994 through

8 1998 for programs managed by the Ballistic Missile De9 fense Organization may not exceed $18,000,000,000.

10 (b) LIMITATION.—Notwithstanding any other provi11 sion of law, funds available for obligation after fiscal year

12 1993 for the programs referred to in subsection (a) may

13 be obligated only for research under such programs.
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1 SEC. 102. LIMITATION ON THE NUMBER OF NUCLEAR WAR2 HEADS MAINTAINED BY THE UNITED STATES.

3 (a) IN GENERAL.—Effective on and after December

4 31, 2000, the number of nuclear warheads maintained by

5 the United States may not exceed the lesser of—

6 (1) 4,000; or

7 (2) the maximum number of nuclear warheads

8 permitted under applicable international agreements

9 to which the United States is a party.

10 (b) WAIVER AUTHORITY.—The President may waive

11 the limitation in subsection (a) if the President determines

12 that—

13 (1) the limitation would adversely affect arms

14 control negotiations with foreign governments; or

15 (2) the waiver is necessary in the national secu16 rity interests of the United States.

17 SEC. 103. LIMITATION ON EXPENDITURES FOR NUCLEAR

18 WEAPONS RESEARCH, DEVELOPMENT, AND

19 TESTING ACTIVITIES OF THE DEPARTMENT

20 OF ENERGY.

21 Notwithstanding any other provision of law, the total

22 amount that may be expended by the Department of En23 ergy for operating expenses incurred in carrying out weap24 ons research and development activities and weapons test25 ing activities necessary for national security programs

26 during—
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1 (1) fiscal year 1994, may not exceed the

2 amount equal to 90 percent of the amount expended

3 by the Department of Energy for fiscal year 1990

4 in carrying out weapons research and development

5 activities and weapons testing activities necessary for

6 national security programs;

7 (2) fiscal year 1995, may not exceed the

8 amount equal to 90 percent of the amount expended

9 by the Department of Energy for fiscal year 1990

10 in carrying out such activities;

11 (3) fiscal year 1996, may not exceed the

12 amount equal to 90 percent of the amount expended

13 by the Department of Energy for fiscal year 1990

14 in carrying out such activities;

15 (4) fiscal year 1997, may not exceed the

16 amount equal to 90 percent of the amount expended

17 by the Department of Energy for fiscal year 1990

18 in carrying out such activities; and

19 (5) fiscal year 1998, may not exceed the

20 amount equal to 60 percent of the amount expended

21 by the Department of Energy for fiscal year 1990

22 in carrying out such activities.
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1 SEC. 104. REQUIRED EXERCISE OF EARLY RETIREMENT

2 AUTHORITY.

3 The Secretary of Defense shall require the secretaries

4 of the military departments to retire not less than 60,000

5 members of the Armed Forces of the United States before

6 October 1, 1994, under the early retirement authority pro7 vided in section 4403 of the National Defense Authoriza8 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

9 Stat. 2702; 10 U.S.C. 1293 note).

10 SEC. 105. MILITARY FAMILY HOUSING.

11 (a) STUDY REQUIRED.—The Secretary of Defense

12 shall carry out a study of the requirements of the Armed

13 Forces of the United States for military family housing.

14 (b) PURPOSE.—The purpose of the study is to deter15 mine the most cost effective alternatives for meeting the

16 military family housing requirements.

17 (c) CONSIDERATIONS.—In the conduct of the study,

18 the following matters shall be considered:

19 (1) The inventory, condition, and age of exist20 ing military family housing.

21 (2) The replacement and rehabilitation require22 ments for the existing military family housing.

23 (3) The current housing allowances provided for

24 military personnel.
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1 (4) The availability and cost of housing in the

2 communities in the vicinity of the installations and

3 other locations of assignment of military personnel.

4 SEC. 106. END STRENGTH AND GRADE DISTRIBUTION FOR

5 CIVILIAN PERSONNEL OF THE DEPARTMENT

6 OF DEFENSE.

7 (a) REDUCED END STRENGTH.—The strength of the

8 Department of Defense in civilian personnel as of Septem9 ber 30, 1997, may not exceed the number that is equal

10 to 50 percent of the total authorized strength for active

11 duty personnel of the Armed Forces of the United States

12 as of that date.

13 (b) GRADE DISTRIBUTION.—

14 (1) SAVINGS PROVISION.—Subject to paragraph

15 (2), the Secretary of Defense shall ensure that the

16 grade (and similar classifications) distribution for

17 the civilian employee positions of the Department of

18 Defense as of September 30, 1997, is approximately

19 the same as the grade (and similar classifications)

20 distribution for the civilian employee positions of the

21 department as of September 30, 1987.

22 (2) LOWER AVERAGE GRADE AUTHORIZED.—

23 The Secretary may implement the reduction in civil24 ian personnel strength required by subsection (a) in

25 a manner that results in a reduction in the average
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1 of the grades (and similar classifications) that are

2 authorized for all civilian employee positions of the

3 Department of Defense below the average of the

4 grades (and similar classifications) that are author5 ized for all civilian employee positions of the Depart6 ment of Defense as of September 30, 1993.

7 (c) WAIVER AUTHORITY.—The President may waive

8 the limitation in subsection (a) in the event of a war de9 clared by Congress or a national emergency declared by

10 the Congress or President.

11 SEC. 107. CONSOLIDATION AND REDUCTION OF RECRUIT12 ING ACTIVITIES OF THE ARMED FORCES.

13 (a) CONSOLIDATION AND REDUCTION OF RECRUIT14 ING ACTIVITIES.—The Secretary of Defense shall consoli15 date and reduce the recruiting activities of the Armed

16 Forces of the United States. In carrying out the preceding

17 sentence, the Secretary should take such actions as are

18 necessary to ensure that the quality of the personnel re19 cruited for enlistment or appointment in the Armed

20 Forces is at least equal to the quality of the personnel

21 recruited for enlistment or appointment in the Armed

22 Forces during fiscal year 1993.

23 (b) GOAL FOR SIZE OF RECRUITMENT ESTABLISH24 MENT BY FISCAL YEAR 1995.—In carrying out subsection

25 (a), it shall be the goal of the Secretary that the average
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1 ratio of the number of recruiter personnel to persons re2 cruited for enlistment or appointment in the Armed

3 Forces of the United States for fiscal year 1995 not ex4 ceed the average ratio of the number of recruiter personnel

5 to persons recruited for enlistment or appointment in the

6 Armed Forces for the period beginning on October 1,

7 1983, and ending on September 30, 1989.

8 (c) PHASE-IN REQUIREMENT.—The Secretary of De9 fense shall take such actions under subsection (a) as are

10 necessary to achieve during fiscal year 1994 significant

11 progress in meeting the goal set forth in subsection (b).

12 (d) WAIVER AUTHORITY.—The President may waive

13 the goal in subsection (b) in the event of a war declared

14 by Congress or a national emergency declared by Congress

15 or the President.

16 SEC. 108. USE OF COMMISSARY STORE REVENUES FOR OP17 ERATIONS.

18 (a) EXPENSES OF COMMISSARY OPERATIONS.—

19 (1) PAYMENT FROM REVENUES.—The text of

20 section 2484 of title 10, United States Code, is

21 amended to read as follows:

22 ‘‘(a) LIMITATION ON USE OF APPROPRIATED

23 FUNDS.—Subject to subsection (c), funds appropriated to

24 the Department of Defense may not be used to pay for

25 the operation of any commissary store. The Secretary may
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1 waive the prohibition in the preceding sentence to the ex2 tent that the Secretary determines necessary to ensure the

3 continued operation of a commissary store that, without

4 the availability of appropriated funds, would be severely

5 impaired by reason of the remote location of the com6 missary store or unusually high costs of operation or to

7 the extent that the Secretary determines otherwise nec8 essary for the welfare of personnel eligible to patronize

9 the commissary store.

10 ‘‘(b) SOURCE OF FUNDS.—The expenses of the oper11 ation of commissary stores shall be paid out of revenues

12 received from the operation of commissary stores.

13 ‘‘(c) AVAILABILITY OF REVENUES.—Revenues re14 ceived from the operation of commissary stores shall be

15 available without fiscal year limitation for paying the ex16 penses of the operation of commissary stores.’’.

17 (2) EFFECTIVE DATE.—The amendment made

18 by paragraph (1) shall take effect on October 1,

19 1996.

20 (b) IMPLEMENTATION OF OPERATING EFFI21 CIENCIES.—The Secretary of Defense shall ensure that

22 the actions taken to increase the cost effectiveness of com23 missary store operations do not result in reduced benefits

24 for commissary store patrons with respect to the price of
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1 goods and produce and do not adversely affect commissary

2 stores that are in remote or high cost locations.

3 (c) PHASED REDUCTION OF APPROPRIATIONS FOR

4 COMMISSARY STORE OPERATIONS.—

5 (1) AUTHORIZATION OF APPROPRIATIONS.—

6 Funds are authorized to be appropriated for the De7 partment of Defense for operation of commissary

8 stores as follows:

9 (A) For fiscal year 1994, the amount equal

10 to the amount expended for fiscal year 1993 for

11 operation of commissary stores out of funds ap12 propriated to the Department of Defense.

13 (B) For fiscal year 1995, the amount

14 equal to 75 percent of the amount authorized to

15 be appropriated for fiscal year 1994 under

16 paragraph (1).

17 (C) For fiscal year 1996, the amount equal

18 to 50 percent of the amount authorized to be

19 appropriated for fiscal year 1994 under para20 graph (1).

21 (2) SPECIAL RULE.—The Committees on Ap22 propriations of the Senate and House of Representa23 tives shall provide in reported bills making appro24 priations for the Department of Defense for each of

25 fiscal year 1994, 1995, or 1996, an amount for op-
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1 eration of commissary stores for such fiscal year

2 that does not exceed the amount authorized by para3 graph (1) to be appropriated for that fiscal year re4 duced by a factor that is commensurate with the re5 duction in the size of the Armed Forces below the

6 size of the Armed Forces in fiscal year 1993.

7 SEC. 109. USE OF ARMED FORCES FOR BASE OPERATIONS

8 AND CONSTRUCTION.

9 (a) USE OF MEMBERS AUTHORIZED.—Under regula10 tions prescribed by the Secretary of the military depart11 ment concerned, members of the Armed Forces of the

12 United States may be used to perform a base operations

13 function or to carry out any or all of a military construc14 tion project if—

15 (1) the members used are assigned to an active

16 duty combat or combat support unit; and

17 (2) the use of such members contributes to the

18 development or maintenance of skills appropriate for

19 the members and the units of assignment or, at a

20 minimum, does not detract from the maintenance of

21 such skills.

22 (b) EXCEPTION.—(1) If the estimated total cost of

23 performance of a base operations function or of a military

24 construction project by members of the Armed Forces ex25 ceeds the estimated total cost of the performance of such
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1 function or such project by a means described in para2 graph (2), the less costly means shall be used.

3 (2) The means of performance referred to in para4 graph (1) are as follows:

5 (A) Performance by civilian employees of the

6 Department of Defense.

7 (B) Performance by one or more civilian con8 tractors.

9 SEC. 110. INCREASED BURDEN SHARING BY ALLIES OF THE

10 UNITED STATES.

11 (a) DEFENSE COST-SHARING AGREEMENTS.—The

12 President shall enter into negotiations with each foreign

13 nation described in subsection (b)(1) to seek to conclude

14 an agreement that provides for such nation to pay a sig15 nificant portion of the costs to the United States that arise

16 from the stationing of members of the Armed Forces of

17 the United States and related civilian employees of the De18 partment of Defense in that nation as a result of the im19 plementation of a bilateral or multilateral defense agree20 ment with that nation.

21 (b) FOREIGN NATIONS TO BE CONSULTED.—The

22 foreign nations referred to in subsection (a) are the follow23 ing:

24 (1) Each member nation of the North Atlantic

25 Treaty Organization (other than the United States).
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1 (2) Every other foreign nation with which the

2 United States has a bilateral or multilateral defense

3 agreement that provides for the assignment of com4 bat units of the Armed Forces of the United States

5 to permanent duty ashore in that nation or the

6 placement of combat equipment of the United States

7 in that nation.

8 (c) SIGNIFICANT PORTION OF COSTS DEFINED.—

9 For the purposes of this section, a foreign nation pays

10 a significant portion of the costs to the United States that

11 arise from the stationing of members of the Armed Forces

12 and related civilian employees of the Department of De13 fense in that nation as a result of the implementation of

14 a bilateral or multilateral defense agreement with that na15 tion if that nation defrays, through cash compensation or

16 in-kind contributions, or a combination thereof, at least

17 a percentage (not less than 40 percent nor more than 75

18 percent) of such costs that the Secretary of Defense deter19 mines significant taking into consideration—

20 (1) the requirements of the United States for

21 stationing members of the Armed Forces and related

22 civilian employees of the Department of Defense in

23 that foreign nation to meet the national security re24 quirements of the United States;
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1 (2) the regional defense contributions of the

2 foreign nation; and

3 (3) other national security priorities and objec4 tives.

5 (d) COSTS EXCLUDED.—For the purposes of this sec6 tion, the costs to the United States that arise from the

7 stationing of members of the Armed Forces and related

8 civilian employees of the Department of Defense in a for9 eign nation do not include the pay and allowances of such

10 personnel.

11 TITLE II—DEPARTMENT OF

12 STATE

13 SEC. 201. ELIMINATION OF REDUNDANT FOREIGN AFFAIRS

14 ACTIVITIES.

15 (a) IN GENERAL.—The Secretary of State shall de16 termine which foreign affairs programs, agencies, and ac17 tivities, whether within or without the jurisdiction of the

18 Department of State, are redundant, duplicative, out19 moded, or obsolete.

20 (b) WITHIN THE DEPARTMENT OF STATE.—The

21 Secretary shall undertake those actions necessary to

22 streamline, consolidate, or eliminate those programs,

23 agencies, and activities under the jurisdiction of the De24 partment of State such that funding for such programs,
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1 agencies, and activities equals a level constant in real

2 terms (inflation-adjusted) with the funding level in 1984.

3 (c) OUTSIDE THE DEPARTMENT OF STATE.—With

4 regard to those foreign affairs programs, agencies, and ac5 tivities outside the jurisdiction of the Department of State

6 which are redundant or duplicative of those administered

7 by the Department of State or which are outmoded or ob8 solete, the Secretary shall submit a report to Congress on

9 those foreign affairs programs, agencies, and activities.

10 Such report shall—

11 (1) describe the existence of all such duplication

12 and redundancy;

13 (2) discuss reasonable alternatives for consoli14 dating and streamlining such duplication and redun15 dancy (including the impact of the Federal budget);

16 and

17 (3) recommend what action should be under18 taken by the Congress or the Secretary of State with

19 respect to such programs, agencies, and activities

20 that would best serve the national security interests

21 of the United States.
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1 TITLE III—COMMITTEE ON AGRI2 CULTURE, NUTRITION, AND

3 FORESTRY

4 Subtitle A—Commodity Programs

5 SEC. 301. REDUCTION OF DEFICIENCY PAYMENTS.

6 (a) WHEAT.—Section 107B(c)(1)(B)(iii) of the Agri7 cultural Act of 1949 (7 U.S.C. 1445b–3a(c)(1)(B)(iii)) is

8 amended by striking ‘‘$4.00 per bushel for each of the

9 1991 through 1995 crops’’ and inserting ‘‘$4.00 per bush10 el for each of the 1991 through 1993 crops, $3.76 per

11 bushel for the 1994 crop, $3.53 per bushel for the 1995

12 crop, $3.32 per bushel for the 1996 crop, $3.12 per bushel

13 for the 1997 crop, and $2.94 per bushel for the 1998

14 crop’’.

15 (b) FEED GRAINS.—Section 105B(c)(1)(B)(iii) of

16 such Act (7 U.S.C. 1444f(c)(1)(B)(iii)) is amended—

17 (1) in subclause (I), by striking ‘‘$2.75 per

18 bushel for each of the 1991 through 1995 crops of

19 corn’’ and inserting ‘‘$2.75 per bushel for each of

20 the 1991 through 1993 crops, $2.59 per bushel for

21 the 1994 crop, $2.43 per bushel for the 1995 crop,

22 $2.28 per bushel for the 1996 crop, $2.15 per bush23 el for the 1997 crop, and $2.02 per bushel for the

24 1998 crop’’;
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1 (2) in subclause (II), by striking ‘‘$1.45 per

2 bushel’’ and inserting ‘‘$1.45 per bushel for each of

3 the 1991 through 1993 crops, $1.36 per bushel for

4 the 1994 crop, $1.28 per bushel for the 1995 crop,

5 $1.20 per bushel for the 1996 crop, $1.13 per bush6 el for the 1997 crop, and $1.06 per bushel for the

7 1998 crop’’; and

8 (3) in subclause (III), by striking ‘‘$2.61 per

9 bushel’’ and inserting ‘‘$2.61 per bushel for each of

10 the 1991 through 1993 crops, $2.38 per bushel for

11 the 1994 crop, $2.24 per bushel for the 1995 crop,

12 $2.10 per bushel for the 1996 crop, $1.97 per bush13 el for the 1997 crop, and $1.85 per bushel for the

14 1998 crop’’.

15 (c) COTTON.—Section 103B(c)(1)(B)(ii) of such Act

16 (7 U.S.C. 1444–2(c)(1)(B)(ii)) is amended by striking

17 ‘‘$0.729 per pound for each of the 1991 through 1997

18 crops’’ and inserting ‘‘$0.729 per pound for each of the

19 1991 through 1993 crops, $0.685 per pound for the 1994

20 crop, $0.644 per pound for the 1995 crop, $0.605 per

21 pound for the 1996 crop, $0.569 per pound for the 1997

22 crop, and $0.535 per pound for the 1998 crop’’.

23 (d) RICE.—Section 101B(c)(1)(B)(iii) of such Act (7

24 U.S.C. 1441–2(c)(1)(B)(iii)) is amended by striking

25 ‘‘$10.71 per hundredweight for each of the 1991 through
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1 1995 crops’’ and inserting ‘‘$10.71 per hundredweight for

2 each of the 1991 through 1993 crops, $10.07 per hun3 dredweight for the 1994 crop, $9.46 per hundredweight

4 for the 1995 crop, $8.90 per hundredweight for the 1996

5 crop, $8.36 per hundredweight for the 1997 crop, and

6 $7.86 per hundredweight for the 1998 crop’’.

7 SEC. 302. REDUCTION OF BASE ACREAGE ELIGIBLE FOR

8 DEFICIENCY PAYMENTS.

9 (a) WHEAT.—Section 107B(c)(1)(C)(ii) of the Agri10 cultural Act of 1949 (7 U.S.C. 1445b–3a(c)(1)(C)(ii)) is

11 amended by striking ‘‘85 percent’’ and inserting ‘‘65 per12 cent’’.

13 (b) FEED GRAINS.—Section 105B(c)(1)(C)(ii) of

14 such Act (7 U.S.C. 1444f(c)(1)(C)(ii)) is amended by

15 striking ‘‘85 percent’’ and inserting ‘‘65 percent’’.

16 (c) UPLAND COTTON.—Section 103B(c)(1)(C)(ii) of

17 such Act (7 U.S.C. 1444–2(c)(1)(C)(ii)) is amended by

18 striking ‘‘85 percent’’ and inserting ‘‘65 percent’’.

19 (d) RICE.—Section 101B(c)(1)(C)(ii) of such Act (7

20 U.S.C. 1441–2(c)(1)(C)(ii)) is amended by striking ‘‘85

21 percent’’ and inserting ‘‘65 percent’’.

22 SEC. 303. INCREASED PRODUCER CONTRIBUTIONS FOR

23 DAIRY PRICE SUPPORT PROGRAM.

24 Section 204(h)(2) of the Agricultural Act of 1949 (7

25 U.S.C. 1446e(h)(2)) is amended—
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1 (1) in subparagraph (B), by striking ‘‘1992

2 through 1995’’ each place it appears and inserting

3 ‘‘1992 and 1993’’; and

4 (2) in subparagraph (C), by striking ‘‘1996 and

5 1997, 10 cents’’ and inserting ‘‘1994 through 1998,

6 25 cents’’.

7 SEC. 304. REMOVAL OF MINIMUM PRICE PROVISIONS OF

8 MILK MARKETING ORDERS.

9 Section 8c of the Agricultural Adjustment Act, reen10 acted with amendments by the Agricultural Marketing

11 Agreement Act of 1937 (7 U.S.C. 608c), is amended—

12 (1) in subsection (5)—

13 (A) in subparagraph (A), by striking

14 ‘‘used, and fixing,’’ and all that follows through

15 the period at the end of the subparagraph and

16 inserting ‘‘used.’’;

17 (B) by striking subparagraphs (B), (C),

18 (D), (H), and (L);

19 (C) by redesignating subparagraphs (E),

20 (F), (G), (I), (J), and (K) as subparagraphs

21 (B), (C), (D), (E), (F), and (G), respectively;

22 (D) in subparagraph (B) (as so redesig23 nated), by striking ‘‘paragraph (F)’’ and insert24 ing ‘‘subparagraph (C)’’;
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1 (E) in subparagraph (C) (as so redesig2 nated), by striking ‘‘producers: Provided,’’ and

3 all that follows through the period at the end

4 of the subparagraph and inserting ‘‘produc5 ers.’’;

6 (F) in the second sentence of subpara7 graph (E) (as so redesignated), by striking

8 ‘‘and such deductions shall be in addition to the

9 adjustments authorized by subparagraph (B) of

10 subsection 8c(5)’’; and

11 (G) by striking subparagraph (F) (as so

12 redesignated) and inserting the following new

13 subparagraph:

14 ‘‘(F) Providing for the payment, from the total sums

15 payable by all handlers for milk (irrespective of the use

16 classification of the milk), to handlers that are cooperative

17 marketing associations described in subparagraph (C), for

18 services of marketwide benefit, including—

19 ‘‘(i) providing facilities to furnish additional

20 supplies of milk needed by handlers and to handle

21 and dispose of milk supplies in excess of quantities

22 needed by handlers;

23 ‘‘(ii) handling on specific days quantities of

24 milk that exceed the quantities needed by handlers;

25 and
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1 ‘‘(iii) transporting milk from one location to an2 other for providing a market outlet for milk of any

3 use classification.’’;

4 (2) in subsection (6)(G)(iii), by striking ‘‘; such

5 allotment shall constitute an allotment fixed for that

6 handler within the meaning of subsection (5) of sec7 tion 8a of this title (U.S.C. 1940 edition, title 7, sec.

8 608a)’’;

9 (3) by striking subsection (18);

10 (4) by redesignating subsection (19) as sub11 section (18); and

12 (5) in the fifth sentence of subsection (18) (as

13 so redesignated), by striking ‘‘as provided in sub14 section (12) of this section’’.

15 SEC. 305. ELIMINATION OF WOOL AND MOHAIR PRICE SUP16 PORT PROGRAM.

17 (a) IN GENERAL.—The National Wool Act of 1954

18 (7 U.S.C. 1781 et seq.) is repealed.

19 (b) CONFORMING AMENDMENTS.—Section 256(a) of

20 the Balanced Budget and Emergency Deficit Control Act

21 of 1985 (2 U.S.C. 906(a)) is amended—

22 (1) by striking paragraph (1); and

23 (2) by redesignating paragraphs (2) and (3) as

24 paragraphs (1) and (2), respectively.
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1 SEC. 306. ELIMINATION OF HONEY PRICE SUPPORT PRO2 GRAM.

3 (a) IN GENERAL.—Sections 207 and 405A of the Ag4 ricultural Act of 1949 (7 U.S.C. 1446h and 1425a, respec5 tively) are repealed.

6 (b) CONFORMING AMENDMENTS.—

7 (1) Section 1001(2) of the Food Security Act of

8 1985 (7 U.S.C. 1308(2)) is amended—

9 (A) in subparagraph (B)(iii), by striking

10 ‘‘(other than honey)’’; and

11 (B) by striking subparagraph (C).

12 (2) Section 201(a) of the Agricultural Act of

13 1949 (7 U.S.C. 1446(a)) is amended by striking

14 ‘‘honey,’’.

15 (3) Section 301 of such Act (7 U.S.C. 1447) is

16 amended by inserting after ‘‘nonbasic agricultural

17 commodity’’ the following: ‘‘(other than honey)’’.

18 (4) Section 408(k) of such Act (7 U.S.C.

19 1428(k)) is amended by striking ‘‘honey,’’ each place

20 it appears.

21 SEC. 307. TRANSITION PROVISION.

22 The amendments made by this subtitle shall not af23 fect the liability of any person under any provision of law

24 as in effect before the effective date of this subtitle.
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1 SEC. 308. EFFECTIVE DATE.

2 This subtitle and the amendments made by this sub3 title shall apply beginning with—

4 (1) in the case of wheat, feed grains, upland

5 cotton, rice, and honey, the 1994 crop year;

6 (2) in the case of milk, the 1994 calendar year;

7 and

8 (3) in the case of wool and mohair, the market9 ing year beginning January 1, 1994.

10 Subtitle B—Replacement of Fed11 eral Crop Insurance with Emer12 gency Crop Loss Assistance

13 SEC. 321. EMERGENCY CROP LOSS ASSISTANCE.

14 The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)

15 is amended by adding at the end the following new title:

16 ‘‘TITLE VII—EMERGENCY CROP

17 LOSS ASSISTANCE

18 ‘‘Subtitle A—Annual Crops

19 ‘‘SEC. 701. PAYMENTS TO PROGRAM PARTICIPANTS FOR

20 TARGET PRICE COMMODITIES.

21 ‘‘(a) DISASTER PAYMENTS.—

22 ‘‘(1) IN GENERAL.—Effective only for produc23 ers on a farm who elected to participate in the pro24 duction adjustment program established under this

25 Act for a crop of wheat, feed grains, upland cotton,

26 extra long staple cotton, or rice, except as otherwise
25

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1 provided in this subsection, if the Secretary deter2 mines that, because of damaging weather or related

3 condition in the immediately preceding or then cur4 rent crop year, the total quantity of the crop of the

5 commodity that the producers are able to harvest on

6 the farm is less than the result of multiplying 60

7 percent of the farm program payment yield estab8 lished by the Secretary for the crop by the sum of

9 the acreage planted for harvest and the acreage pre10 vented from being planted (because of a natural dis11 aster, as determined by the Secretary) for the crop,

12 the Secretary shall make a disaster payment avail13 able to the producers at a rate equal to 65 percent

14 of the established price for the crop for any defi15 ciency in production greater than 40 percent for the

16 crop.

17 ‘‘(2) LIMITATION.—Payments provided under

18 paragraph (1) for a crop of a commodity may not

19 be made available to producers on a farm with re20 spect to any acreage in excess of the permitted acre21 age for the farm for the commodity.

22 ‘‘(3) REDUCTION IN DEFICIENCY PAYMENTS.—

23 The total quantity of a crop of a commodity on

24 which deficiency payments otherwise would be pay25 able to producers on a farm under this Act shall be
26

•S 1550 IS

1 reduced by the quantity on which a payment is made

2 to the producers for the crop under paragraph (1).

3 ‘‘(4) ELECTION OF PAYMENTS.—

4 ‘‘(A) APPLICATION OF PARAGRAPH.—This

5 paragraph shall apply, effective for each crop of

6 wheat, feed grains, upland cotton, extra long

7 staple cotton, and rice, to producers on a farm

8 who—

9 ‘‘(i) had failed wheat, feed grain, up10 land cotton, extra long staple cotton, or

11 rice acreage; or

12 ‘‘(ii) were prevented from planting

13 acreage to the commodity because of dam14 aging weather or related condition in the

15 immediately preceding or then current crop

16 year.

17 ‘‘(B) ELECTION.—The Secretary shall

18 (within 30 days after the date of enactment of

19 this title) permit producers referred to in sub20 paragraph (A) to elect whether to receive disas21 ter payments in accordance with this section in

22 lieu of payments received under other titles of

23 this Act.

24 ‘‘(b) ADVANCE DEFICIENCY PAYMENTS.—
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1 ‘‘(1) APPLICATION OF SUBSECTION.—This sub2 section shall apply only to producers on a farm who

3 elected to participate in the production adjustment

4 program established under this Act for a crop of

5 wheat, feed grains, upland cotton, extra long staple

6 cotton, or rice.

7 ‘‘(2) FORGIVENESS OF REFUND REQUIRE8 MENT.—If because of damaging weather or related

9 condition in the immediately preceding or then cur10 rent crop year the total quantity of the crop of the

11 commodity that the producers are able to harvest on

12 the farm is less than the result of multiplying the

13 farm program payment yield established by the Sec14 retary for the crop by the sum of the acreage plant15 ed for harvest and the acreage prevented from being

16 planted (because of a natural disaster, as deter17 mined by the Secretary) for the crop (referred to in

18 this section as the ‘qualifying quantity’), the produc19 ers shall not be required to refund any advance defi20 ciency payment made to the producers for the crop

21 under section 107C with respect to that portion of

22 the deficiency in production that does not exceed 40

23 percent of the qualifying quantity.

24 ‘‘(3) ELECTION FOR NONRECIPIENTS.—The

25 Secretary shall allow producers on a farm who elect-
28

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1 ed, prior to the date of enactment of this title, not

2 to receive advance deficiency payments made avail3 able for the crop under section 107C, to elect (with4 in 30 days after the date of the enactment of this

5 title) whether to receive the advance deficiency pay6 ments.

7 ‘‘(4) DATE OF REFUND FOR PAYMENTS.—Ef8 fective for each crop of wheat, feed grains, upland

9 cotton, and rice, if the Secretary determines that

10 any portion of the advance deficiency payment made

11 to producers for the crop under section 107C must

12 be refunded, the refund shall not be required prior

13 to July 31 of the succeeding calendar year, for that

14 portion of the crop for which a disaster payment is

15 made under subsection (a).

16 ‘‘SEC. 702. PAYMENTS TO PROGRAM NONPARTICIPANTS

17 FOR TARGET PRICE COMMODITIES.

18 ‘‘(a) DISASTER PAYMENTS.—

19 ‘‘(1) IN GENERAL.—Effective only for produc20 ers on a farm who elected not to participate in the

21 production adjustment program established under

22 this Act for a crop of wheat, feed grains, upland cot23 ton, extra long staple cotton, or rice, if the Secretary

24 determines that because of damaging weather or re25 lated condition in the immediately preceding or then
29

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1 current crop year, the total quantity of the crop of

2 the commodity that the producers are able to har3 vest on the farm is less than the result of multiply4 ing 40 percent of the county average yield estab5 lished by the Secretary for the crop by the sum of

6 acreage planted for harvest and the acreage for

7 which prevented planted credit is approved by the

8 Secretary for the crop under subsection (b), the Sec9 retary shall make a disaster payment available to

10 the producers.

11 ‘‘(2) PAYMENT RATE.—The payment shall be

12 made to the producers at a rate equal to 65 percent

13 of the basic county loan rate (or a comparable price

14 if there is no current basic county loan rate) for the

15 crop, as determined by the Secretary, for any defi16 ciency in production greater than 40 percent for the

17 crop.

18 ‘‘(b) PREVENTED PLANTING CREDIT.—

19 ‘‘(1) IN GENERAL.—The Secretary shall provide

20 prevented planting credit under subsection (a) with

21 respect to acreage that producers on a farm were

22 prevented from planting to a crop of the commodity

23 for harvest because of damaging weather or related

24 condition in the immediately preceding or then cur25 rent crop year, as determined by the Secretary.
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1 ‘‘(2) MAXIMUM ACREAGE.—The acreage may

2 not exceed the greater of—

3 ‘‘(A) a quantity equal to the acreage on

4 the farm planted (or prevented from being

5 planted due to a natural disaster or other con6 dition beyond the control of the producers) to

7 the commodity for harvest in the immediately

8 preceding crop year minus acreage actually

9 planted for harvest in the then current crop

10 year; or

11 ‘‘(B) a quantity equal to the average of the

12 acreage on the farm planted (or prevented from

13 being planted due to a natural disaster or other

14 condition beyond the control of the producers)

15 to the commodity for harvest in the 3 imme16 diately preceding crop years minus acreage ac17 tually planted to the commodity for harvest in

18 the then current crop year.

19 ‘‘(3) ADJUSTMENTS.—The Secretary shall

20 make appropriate adjustments in applying the limi21 tations contained in paragraph (2) to take into ac22 count crop rotation practices of the producers.

23 ‘‘(c) LIMITATION.—The amount of payments made

24 available to producers on a farm for a crop of a commodity

25 under subsection (a) shall be reduced by a factor equiva-
31

•S 1550 IS

1 lent to the acreage limitation program percentage estab2 lished for the crop under this Act.

3 ‘‘SEC. 703. PEANUTS, SUGAR, AND TOBACCO.

4 ‘‘(a) DISASTER PAYMENTS.—

5 ‘‘(1) IN GENERAL.—Effective for each crop of

6 peanuts, sugar beets, sugarcane, and tobacco, if the

7 Secretary determines that, because of damaging

8 weather or related condition in the immediately pre9 ceding or then current crop year, the total quantity

10 of the crop of the commodity that the producers on

11 a farm are able to harvest is less than the result of

12 multiplying 60 percent of the county average yield

13 (or program yield, in the case of peanuts) estab14 lished by the Secretary for the crop by the sum of

15 the acreage planted for harvest and the acreage for

16 which prevented planted credit is approved by the

17 Secretary for the crop under subsection (b), the Sec18 retary shall make a disaster payment available to

19 the producers.

20 ‘‘(2) PAYMENT RATE.—The payment shall be

21 made to the producers at a rate equal to 65 percent

22 of the applicable payment level under paragraph (3),

23 as determined by the Secretary, for any deficiency in

24 production greater than—

25 ‘‘(A) 40 percent for the crop; or
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•S 1550 IS

1 ‘‘(B) with respect to a crop of burley to2 bacco or flue-cured tobacco, 40 percent of the

3 farm’s effective marketing quota for the crop.

4 ‘‘(3) PAYMENT LEVEL.—For purposes of para5 graph (1), the payment level for a commodity shall

6 be equal to—

7 ‘‘(A) for peanuts, the price support level

8 for quota peanuts or the price support level for

9 additional peanuts, as applicable;

10 ‘‘(B) for tobacco, the national average loan

11 rate for the type of tobacco involved, or (if

12 there is none) the market price, as determined

13 under section 704(a)(2); and

14 ‘‘(C) for sugar beets and sugarcane, a level

15 determined by the Secretary to be fair and rea16 sonable in relation to the level of price support

17 established for the crops of sugar beets and

18 sugarcane, and that, insofar as is practicable,

19 shall reflect no less return to the producer than

20 under the price support levels for the crops.

21 ‘‘(b) PREVENTED PLANTING CREDIT.—

22 ‘‘(1) IN GENERAL.—The Secretary shall provide

23 prevented planting credit under subsection (a) with

24 respect to acreage that producers on a farm were

25 prevented from planting to the crop of the commod-
33

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1 ity for harvest because of damaging weather or re2 lated condition in the immediately preceding or then

3 current crop year, as determined by the Secretary.

4 ‘‘(2) MAXIMUM ACREAGE.—The acreage may

5 not exceed the greater of—

6 ‘‘(A) a quantity equal to the acreage on

7 the farm planted (or prevented from being

8 planted due to a natural disaster or other con9 dition beyond the control of the producers) to

10 the commodity for harvest in the immediately

11 preceding crop year minus acreage actually

12 planted for harvest in the then current crop

13 year; or

14 ‘‘(B) a quantity equal to the average of the

15 acreage on the farm planted (or prevented from

16 being planted due to a natural disaster or other

17 condition beyond the control of the producers)

18 to the commodity for harvest in the 3 imme19 diately preceding crop years minus acreage ac20 tually planted to the commodity for harvest in

21 the then current crop year.

22 ‘‘(3) ADJUSTMENTS.—The Secretary shall

23 make appropriate adjustments in applying the limi24 tations contained in paragraph (2) to take into ac-
34

•S 1550 IS

1 count crop rotation practices of the producers and

2 any change in quotas for the crops of tobacco.

3 ‘‘(c) SPECIAL RULES FOR PEANUTS.—Notwithstand4 ing any other provision of law—

5 ‘‘(1) a deficiency in production of quota peanuts

6 from a farm, as otherwise determined under this

7 section, shall be reduced by the quantity of peanut

8 poundage quota that was the basis of the anticipated

9 production that has been transferred from the farm;

10 ‘‘(2) payments made under this section shall be

11 made taking into account whether the deficiency for

12 which the deficiency in production is claimed was a

13 deficiency in production of quota or additional pea14 nuts and the payment rate shall be established ac15 cordingly; and

16 ‘‘(3) the quantity of undermarketings of quota

17 peanuts from a farm for a crop that may otherwise

18 be claimed under section 358 of the Agricultural Ad19 justment Act of 1938 (7 U.S.C. 1358) for purposes

20 of future quota increases shall be reduced by the

21 quantity of the deficiency of production of the pea22 nuts for which payment has been received under this

23 section.

24 ‘‘(d) SPECIAL RULES FOR TOBACCO.—Notwithstand25 ing any other provision of law—
35

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1 ‘‘(1) the quantity of undermarketings of quota

2 tobacco from a farm for a crop that may otherwise

3 be claimed under section 317 or 319 of the Agricul4 tural Adjustment Act of 1938 (7 U.S.C. 1314c or

5 1314e) for purposes of future quota increases shall

6 be reduced by the quantity of the deficiency of pro7 duction of the tobacco for which payment has been

8 received under this section; and

9 ‘‘(2) disaster payments made to producers

10 under this section may not be considered by the Sec11 retary in determining the net losses of the Commod12 ity Credit Corporation under section 106A(d).

13 ‘‘(e) SPECIAL RULE FOR SUGARCANE.—For purposes

14 of determining the total quantity of a crop of sugarcane

15 that the producers on a farm are able to harvest, the Sec16 retary shall make the determination based on the quantity

17 of recoverable sugar.

18 ‘‘SEC. 704. SOYBEANS AND NONPROGRAM CROPS.

19 ‘‘(a) DISASTER PAYMENTS.—

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) ELIGIBILITY.—Effective for each

22 crop of soybeans and nonprogram crops, if the

23 Secretary determines that, because of damaging

24 weather or related condition in the immediately

25 preceding or then current crop year, the total
36

•S 1550 IS

1 quantity of the crop of the commodity that the

2 producers on a farm are able to harvest is less

3 than—

4 ‘‘(i) with respect to soybeans and sun5 flowers, the result of multiplying 60 per6 cent of the State, area, or county yield, ad7 justed for adverse weather conditions dur8 ing the 3 immediately preceding crop

9 years, as determined by the Secretary, for

10 the crop by the sum of the acreage planted

11 for harvest and the acreage for which pre12 vented planting credit is approved by the

13 Secretary for the crop under subsection

14 (b);

15 ‘‘(ii) with respect to nonprogram

16 crops (other than as provided in clauses (i)

17 and (iii)), the result of multiplying 60 per18 cent of the yield established by the Com19 modity Credit Corporation under sub20 section (d)(2) for the crop by the sum of

21 the acreage planted for harvest and the

22 acreage for which prevented planting credit

23 is approved by the Secretary for the crop

24 under subsection (b); and
37

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1 ‘‘(iii) with respect to crops covered in

2 section 201(b), 60 percent of the historical

3 annual yield of the producers for the crops,

4 as determined by the Secretary,

5 the Secretary shall make a disaster payment

6 available to the producers.

7 ‘‘(B) PAYMENT RATE.—The payment shall

8 be made to the producers at a rate equal to 65

9 percent of the applicable payment level under

10 paragraph (2), as determined by the Secretary,

11 for any deficiency in production greater than 40

12 percent for soybeans, sunflowers, and other

13 nonprogram crops for the crop.

14 ‘‘(2) PAYMENT LEVEL.—For purposes of para15 graph (1), the payment level for a commodity shall

16 equal the simple average price received by producers

17 of the commodity, as determined by the Secretary

18 subject to paragraph (3), during the marketing

19 years for the immediately preceding 5 crops of the

20 commodity, excluding the year in which the average

21 price was the highest and the year in which the av22 erage price was the lowest in the period.

23 ‘‘(3) CALCULATION OF PAYMENTS FOR DIF24 FERENT VARIETIES.—
38

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1 ‘‘(A) CROP-BY-CROP BASIS.—The Sec2 retary shall make disaster payments under this

3 subsection on a crop-by-crop basis, with consid4 eration given to markets and uses of the crops,

5 under regulations issued by the Secretary.

6 ‘‘(B) DIFFERENT VARIETIES.—For pur7 poses of determining the payment levels on a

8 crop-by-crop basis, the Secretary shall consider

9 as separate crops, and develop separate pay10 ment levels insofar as is practicable for, dif11 ferent varieties of the same commodity, and

12 commodities for which there is a significant dif13 ference in the economic value in the market.

14 ‘‘(C) DOUBLE CROPPING.—

15 ‘‘(i) TREATED SEPARATELY.—In the

16 case of a crop that is historically double

17 cropped (including two crops of the same

18 commodity) by the producers on a farm,

19 the Secretary shall treat each cropping

20 separately for purposes of determining

21 whether the crop was affected by damaging

22 weather or related condition and the total

23 quantity of the crop that the producers are

24 able to harvest.
39

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1 ‘‘(ii) APPLICATION OF PARAGRAPH.—

2 This paragraph shall not apply in the case

3 of a replacement crop.

4 ‘‘(4) EXCLUSIONS FROM HARVESTED QUAN5 TITIES.—For purposes of determining the total

6 quantity of the nonprogram crop of the commodity

7 that the producers on a farm are able to harvest

8 under paragraph (1), the Secretary shall exclude—

9 ‘‘(A) commodities that cannot be sold in

10 normal commercial channels of trade; and

11 ‘‘(B) dockage, including husks and shells,

12 if the dockage is excluded in determining yields

13 under subsection (d)(2).

14 ‘‘(b) PREVENTED PLANTING CREDIT.—

15 ‘‘(1) IN GENERAL.—The Secretary shall provide

16 prevented planting credit under subsection (a) with

17 respect to acreage that producers on a farm were

18 prevented from planting to the crop of the commod19 ity for harvest because of damaging weather or re20 lated condition in the immediately preceding or then

21 current crop year, as determined by the Secretary.

22 ‘‘(2) MAXIMUM ACREAGE.—The acreage may

23 not exceed the greater of—

24 ‘‘(A) a quantity equal to the acreage on

25 the farm planted (or prevented from being
40

•S 1550 IS

1 planted due to a natural disaster or other con2 dition beyond the control of the producers) to

3 the commodity for harvest in the immediately

4 preceding crop year minus acreage actually

5 planted for harvest in the then current crop

6 year; or

7 ‘‘(B) a quantity equal to the average of the

8 acreage on the farm planted (or prevented from

9 being planted due to a natural disaster or other

10 condition beyond the control of the producers)

11 to the commodity for harvest in the 3 imme12 diately preceding crop years minus acreage ac13 tually planted to the commodity for harvest in

14 the then current crop year.

15 ‘‘(3) ADJUSTMENTS.—The Secretary shall

16 make appropriate adjustments in applying the limi17 tations contained in paragraph (2) to take into ac18 count crop rotation practices of the producers.

19 ‘‘(c) SPECIAL RULES FOR NONPROGRAM CROPS.—

20 ‘‘(1) DEFINITION OF NONPROGRAM CROP.—As

21 used in this section, the term ‘nonprogram crop’

22 means all crops for which crop insurance through

23 the Federal Crop Insurance Corporation was avail24 able for crop year 1990, and other commercial crops

25 (including ornamentals which shall include flowering
41

•S 1550 IS

1 shrubs, flowering trees, and field or container grown

2 roses or turf and sweet potatoes for which the insur3 ance was not available for the crop year), except

4 that the term shall not include a crop covered under

5 section 701, 702, or 703, soybeans, or sunflowers.

6 ‘‘(2) FARM YIELDS.—

7 ‘‘(A) ESTABLISHMENT.—The Commodity

8 Credit Corporation shall establish disaster pro9 gram farm yields for nonprogram crops to carry

10 out this section.

11 ‘‘(B) PROVEN YIELDS AVAILABLE.—If the

12 producers on a farm can provide satisfactory

13 evidence to the Commodity Credit Corporation

14 of actual crop yields on the farm for at least 1

15 of the immediately preceding 3 crop years, the

16 yield for the farm shall be based on the proven

17 yield.

18 ‘‘(C) PROVEN YIELDS NOT AVAILABLE.—If

19 the data do not exist for any of the 3 imme20 diately preceding crop years, the Commodity

21 Credit Corporation shall establish a yield for

22 the farm by using a county average yield for

23 the commodity, or by using other data available

24 to it.
42

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1 ‘‘(D) COUNTY AVERAGE YIELDS.—In es2 tablishing county average yields for nonprogram

3 crops, the Commodity Credit Corporation shall

4 use the best available information concerning

5 yields. The information may include extension

6 service records, credible nongovernmental stud7 ies, and yields in similar counties.

8 ‘‘(3) RESPONSIBILITY OF PRODUCERS.—It shall

9 be the responsibility of the producers of nonprogram

10 crops to provide satisfactory evidence of crop losses

11 for a crop year resulting from damaging weather or

12 related condition in the immediately preceding or

13 then current crop year in order for the producers to

14 obtain disaster payments under this section.

15 ‘‘SEC. 705. CROP QUALITY REDUCTION DISASTER PAY16 MENTS.

17 ‘‘(a) IN GENERAL.—To ensure that all producers of

18 crops covered under sections 701 through 704 are treated

19 equitably, the Secretary may make additional disaster pay20 ments to producers of the crops who suffer losses resulting

21 from the reduced quality of the crops caused by damaging

22 weather or related condition in the immediately preceding

23 or then current crop year, as determined by the Secretary.

24 ‘‘(b) ELIGIBLE PRODUCERS.—If the Secretary deter25 mines to make crop quality disaster payments available
43

•S 1550 IS

1 to producers under subsection (a), producers on a farm

2 of a crop described in subsection (a) shall be eligible to

3 receive reduced quality disaster payments only if the pro4 ducers incur a deficiency in production of not less than

5 35 percent and not more than 75 percent for the crop

6 (as determined under section 701, 702, 703, or 704, as

7 appropriate).

8 ‘‘(c) MAXIMUM PAYMENT RATE.—The Secretary

9 shall establish the reduced quality disaster payment rate,

10 except that the rate shall not exceed 10 percent, as deter11 mined by the Secretary, of—

12 ‘‘(1) the established price for the crop, for com13 modities covered under section 701;

14 ‘‘(2) the basic county loan rate for the crop (or

15 a comparable price if there is no current basic coun16 ty loan rate), for commodities covered under section

17 702;

18 ‘‘(3) the payment level under section 703(a)(3),

19 for commodities covered by section 703; and

20 ‘‘(4) the payment level under section 704(a)(2),

21 for commodities covered under section 704.

22 ‘‘(d) DETERMINATION OF PAYMENT.—The amount

23 of payment to a producer under this section shall be deter24 mined by multiplying the payment rate established under

25 subsection (c) by the portion of the actual harvested crop
44

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1 on the producer’s farm that is reduced in quality by the

2 natural disaster in the immediately preceding or then cur3 rent crop year, as determined by the Secretary.

4 ‘‘SEC. 706. CROPS HARVESTED FOR FORAGE USES.

5 ‘‘Not later than 45 days after funds are appropriated

6 to carry out this title, the Secretary shall announce the

7 terms and conditions by which producers on a farm may

8 establish a yield for the crop year with respect to crops

9 that will be harvested for silage and other forage uses.

10 ‘‘SEC. 707. PAYMENT LIMITATIONS.

11 ‘‘(a) LIMITATION.—Subject to subsections (b) and

12 (c), the total amount of payments that a person shall be

13 entitled to receive under one or more of the programs es14 tablished under this subtitle may not exceed $100,000.

15 ‘‘(b) NO DOUBLE BENEFITS.—No person may re16 ceive disaster payments under this subtitle to the extent

17 that the person receives a livestock emergency benefit for

18 lost feed production in the crop year under section 606.

19 ‘‘(c) COMBINED LIMITATION.—

20 ‘‘(1) IN GENERAL.—No person may receive any

21 payment under this subtitle or benefit under title VI

22 for livestock emergency losses suffered in the crop

23 year if the payment or benefit will cause the com24 bined total amount of the payments and benefits re25 ceived by the person to exceed $100,000.
45

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1 ‘‘(2) ELECTION.—If a producer is subject to

2 paragraph (1), the person may elect (subject to the

3 benefits limitations under section 609) whether to

4 receive the $100,000 in the payments or the live5 stock emergency benefits (not to exceed $50,000), or

6 a combination of payments and benefits specified by

7 the person.

8 ‘‘(d) REGULATIONS.—The Secretary shall issue regu9 lations—

10 ‘‘(1) defining the term ‘person’ for the purposes

11 of this section and section 741, which shall conform,

12 to the extent practicable, to the regulations defining

13 the term ‘person’ issued under—

14 ‘‘(A) section 1001 of the Food Security

15 Act of 1985 (7 U.S.C. 1308);

16 ‘‘(B) the Disaster Assistance Act of 1988

17 (7 U.S.C. 1421 note); and

18 ‘‘(C) chapter 3 of subtitle B of title XXII

19 of the Food, Agriculture, Conservation, and

20 Trade Act of 1990 (7 U.S.C. 1421 note); and

21 ‘‘(2) prescribing such procedures as the Sec22 retary determines necessary to ensure a fair and

23 reasonable application of the limitations established

24 under this section.
46

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1 ‘‘SEC. 708. DEFINITIONS.

2 ‘‘As used in this title:

3 ‘‘(1) DAMAGING WEATHER.—The term ‘damag4 ing weather’ includes drought, hail, excessive mois5 ture, freeze, tornado, hurricane, earthquake, or ex6 cessive wind, or any combination thereof.

7 ‘‘(2) RELATED CONDITION.—The term ‘related

8 condition’ includes insect infestations, plant diseases,

9 or other deterioration of a crop of a commodity, in10 cluding aflatoxin, that is accelerated or exacerbated

11 naturally as a result of damaging weather occurring

12 prior to or during harvest.

13 ‘‘Subtitle B—Orchards

14 ‘‘SEC. 721. ELIGIBILITY.

15 ‘‘(a) LOSS.—Subject to the limitation in subsection

16 (b), the Secretary shall provide assistance, as specified in

17 section 722, to eligible orchardists that planted trees for

18 commercial purposes but lost the trees as a result of

19 freeze, earthquake, or related condition in a crop year, as

20 determined by the Secretary.

21 ‘‘(b) LIMITATION.—An eligible orchardist shall qual22 ify for assistance under subsection (a) only if the orchard23 ist’s tree mortality, as a result of the natural disaster, ex24 ceeds 35 percent (adjusted for normal mortality).
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•S 1550 IS

1 ‘‘SEC. 722. ASSISTANCE.

2 ‘‘The assistance provided by the Secretary to eligible

3 orchardists for losses described in section 721 shall consist

4 of either—

5 ‘‘(1) reimbursement of 65 percent of the cost of

6 replanting trees lost due to freeze, earthquake, or re7 lated condition in the crop year in excess of 35 per8 cent mortality (adjusted for normal mortality); or

9 ‘‘(2) at the discretion of the Secretary, suffi10 cient seedlings to reestablish the stand.

11 ‘‘SEC. 723. LIMITATION ON ASSISTANCE.

12 ‘‘(a) LIMITATION.—The total amount of payments

13 that a person shall be entitled to receive under this subtitle

14 may not exceed $25,000, or an equivalent value in tree

15 seedlings.

16 ‘‘(b) REGULATIONS.—The Secretary shall issue

17 regulations—

18 ‘‘(1) defining the term ‘person’ for the purposes

19 of this subtitle, which shall conform, to the extent

20 practicable, to the regulations defining the term

21 ‘person’ issued under—

22 ‘‘(A) section 1001 of the Food Security

23 Act of 1985 (7 U.S.C. 1308);

24 ‘‘(B) the Disaster Assistance Act of 1988

25 (7 U.S.C. 1421 note); and
48

•S 1550 IS

1 ‘‘(C) chapter 3 of subtitle B of title XXII

2 of the Food, Agriculture, Conservation, and

3 Trade Act of 1990 (7 U.S.C. 1421 note); and

4 ‘‘(2) prescribing such procedures as the Sec5 retary determines necessary to ensure a fair and

6 reasonable application of the limitation established

7 under this section.

8 ‘‘SEC. 724. DUPLICATIVE PAYMENTS.

9 ‘‘The Secretary shall establish guidelines to ensure

10 that no person receives duplicative payments under this

11 subtitle and the forestry incentives program, agricultural

12 conservation program, or other Federal program.

13 ‘‘SEC. 725. DEFINITION.

14 ‘‘As used in this subtitle, the term ‘eligible orchardist’

15 means a person who produces annual crops from trees for

16 commercial purposes and owns 500 acres or less of the

17 trees.

18 ‘‘Subtitle C—Forest Crops

19 ‘‘SEC. 731. ELIGIBILITY.

20 ‘‘(a) LOSS.—Subject to the limitation in subsection

21 (b), the Secretary shall provide assistance, as specified in

22 section 732, to eligible tree farmers that planted tree seed23 lings in the immediately preceding or then current crop

24 year for commercial purposes but lost the seedlings as a
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1 result of drought, earthquake, or related condition in the

2 then current crop year, as determined by the Secretary.

3 ‘‘(b) LIMITATION.—An eligible tree farmer shall qual4 ify for assistance under subsection (a) only if the tree

5 farmer’s tree seedling mortality, as a result of the natural

6 disaster, exceeds 35 percent (adjusted for normal mortal7 ity).

8 ‘‘SEC. 732. ASSISTANCE.

9 ‘‘The assistance provided by the Secretary to eligible

10 tree farmers for losses described in section 731 shall con11 sist of either—

12 ‘‘(1) reimbursement of 65 percent of the cost of

13 replanting seedlings lost due to drought, earthquake,

14 or related conditions in the crop year in excess of 35

15 percent mortality (adjusted for normal mortality); or

16 ‘‘(2) at the discretion of the Secretary, suffi17 cient tree seedlings to reestablish the stand.

18 ‘‘SEC. 733. LIMITATION ON ASSISTANCE.

19 ‘‘(a) LIMITATION.—The total amount of payments

20 that a person shall be entitled to receive under this subtitle

21 may not exceed $25,000, or an equivalent value in tree

22 seedlings.

23 ‘‘(b) REGULATIONS.—The Secretary shall issue regu24 lations—
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1 ‘‘(1) defining the term ‘person’ for the purposes

2 of this subtitle, which shall conform, to the extent

3 practicable, to the regulations defining the term

4 ‘person’ issued under—

5 ‘‘(A) section 1001 of the Food Security

6 Act of 1985;

7 ‘‘(B) the Disaster Assistance Act of 1988

8 (7 U.S.C. 1421 note); and

9 ‘‘(C) chapter 3 of subtitle B of title XXII

10 of the Food, Agriculture, Conservation, and

11 Trade Act of 1990 (7 U.S.C. 1421 note); and

12 ‘‘(2) prescribing such procedures as the Sec13 retary determines necessary to ensure a fair and

14 reasonable application of the limitation established

15 under this section.

16 ‘‘SEC. 734. DUPLICATIVE PAYMENTS.

17 ‘‘The Secretary shall establish guidelines to ensure

18 that no person receives duplicative payments under this

19 subtitle and the forestry incentives program, agricultural

20 conservation program, or other Federal program.

21 ‘‘SEC. 735. DEFINITION.

22 ‘‘As used in this subtitle, the term ‘eligible tree farm23 er’ means a person who grows trees for harvest for com24 mercial purposes and owns 1,000 acres or less of the trees.
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1 ‘‘Subtitle D—Administrative

2 Provisions

3 ‘‘SEC. 741. INELIGIBILITY.

4 ‘‘(a) GENERAL RULE.—A person who has qualifying

5 gross revenues in excess of $2,000,000 annually, as deter6 mined by the Secretary, shall not be eligible to receive any

7 disaster payment or other benefits under this title.

8 ‘‘(b) QUALIFYING GROSS REVENUES.—For purposes

9 of this section, the term ‘qualifying gross revenues’

10 means—

11 ‘‘(1) if a majority of the annual income of the

12 person is received from farming, ranching, and for13 estry operations, the gross revenue from the farm14 ing, ranching, and forestry operations of the person;

15 and

16 ‘‘(2) if less than a majority of the annual in17 come of the person is received from farming, ranch18 ing, and forestry operations, the gross revenue of the

19 person from all sources.

20 ‘‘SEC. 742. TIMING AND MANNER OF ASSISTANCE.

21 ‘‘(a) TIMING OF ASSISTANCE.—

22 ‘‘(1) ASSISTANCE MADE AVAILABLE AS SOON AS

23 PRACTICABLE.—Subject to paragraph (2), the Sec24 retary shall make disaster assistance available under

25 this title as soon as practicable after the date on
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1 which appropriations are made available to carry out

2 this title.

3 ‘‘(2) COMPLETED APPLICATION.—No payment

4 or benefit provided under this title shall be payable

5 or due until such time as a completed application for

6 a crop or a commodity has been approved.

7 ‘‘(b) MANNER.—The Secretary may make payments

8 available under this title in the form of cash, commodities,

9 or commodity certificates, as determined by the Secretary.

10 ‘‘SEC. 743. COMMODITY CREDIT CORPORATION.

11 ‘‘(a) USE.—The Secretary shall use the funds, facili12 ties, and authorities of the Commodity Credit Corporation

13 in carrying out this title.

14 ‘‘(b) EXISTING AUTHORITY.—The authority provided

15 by this title shall be in addition to, and not in place of,

16 any authority granted to the Secretary or the Commodity

17 Credit Corporation under any other provision of law.

18 ‘‘SEC. 744. EMERGENCY LOANS.

19 ‘‘Section 321(b) of the Consolidated Farm and Rural

20 Development Act (7 U.S.C. 1961(b)) shall not apply to

21 persons who otherwise would be eligible for an emergency

22 loan under subtitle C of such Act, if the eligibility is the

23 result of damage to an annual crop planted for harvest

24 in a crop year.
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1 ‘‘SEC. 745. REGULATIONS.

2 ‘‘The Secretary or the Commodity Credit Corpora3 tion, as appropriate, shall issue regulations to implement

4 this title as soon as practicable after the date on which

5 appropriations are made available to carry out this title,

6 without regard to the requirement for notice and public

7 participation in rule making prescribed in section 553 of

8 title 5, United States Code, or in any directive of the Sec9 retary.

10 ‘‘Subtitle E—Appropriations

11 ‘‘SEC. 751. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘Any benefits or assistance (including the forgiveness

13 of unearned advanced deficiency payments of any emer14 gency loans) made available under this title shall be pro15 vided only to the extent provided for in advance in appro16 priations Acts. To carry out this title there are authorized

17 to be appropriated such sums as may be necessary for

18 each fiscal year.

19 ‘‘SEC. 752. PRORATION OF BENEFITS.

20 ‘‘Any funds made available for carrying out this title

21 in appropriations Acts shall be prorated to all producers

22 who are eligible for assistance under this title.’’.

23 SEC. 322. ELIMINATION OF FEDERAL CROP INSURANCE.

24 (a) IN GENERAL.—The Federal Crop Insurance Act

25 (7 U.S.C. 1501 et seq.) is repealed.

26 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 255(g)(2) of the Balanced Budget

2 and Emergency Deficit Control Act of 1985 (2

3 U.S.C. 905(g)(2)) is amended by striking the follow4 ing:

5 ‘‘Federal Crop Insurance Corporation fund

6 (12–4085–0–3–351);’’.

7 (2) Section 301(b) of the Agricultural Adjust8 ment Act of 1938 (7 U.S.C. 1301(b)) is amended—

9 (A) in paragraph (3)(D), by striking ‘‘,

10 and not including any wheat held by the Fed11 eral Crop Insurance Corporation under title V’’;

12 and

13 (B) in paragraph (6)(A), by striking ‘‘, but

14 does not include disposing of any of such com15 modities as premium to the Federal Crop In16 surance Corporation under Title V’’.

17 (3) Section 101B(c) of the Agricultural Act of

18 1949 (7 U.S.C. 1441–2(c)) is amended—

19 (A) in paragraph (1)(D) (as redesignated

20 by section 103(d)(1)(B)), by striking ‘‘para21 graph (2)’’ and inserting ‘‘title VII’’; and

22 (B) by striking paragraph (2) and insert23 ing the following new paragraph:
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1 ‘‘(2) DISASTER ASSISTANCE.—Disaster assist2 ance shall be made available to producers in accord3 ance with title VII.’’.

4 (4) Section 103B(c) of the Agricultural Act of

5 1949 (7 U.S.C. 1444–2(c)) is amended—

6 (A) in paragraph (1)(D) (as redesignated

7 by section 103(c)(1)(B)), by striking ‘‘para8 graph (2)’’ and inserting ‘‘title VII’’; and

9 (B) by striking paragraph (2) and insert10 ing the following new paragraph:

11 ‘‘(2) DISASTER ASSISTANCE.—Disaster assist12 ance shall be made available to producers in accord13 ance with title VII.’’.

14 (5) Section 105B(c) of the Agricultural Act of

15 1949 (7 U.S.C. 1444f(c)) is amended—

16 (A) in paragraph (1)(E) (as redesignated

17 by section 103(b)(1)(B)), by striking ‘‘para18 graph (2)’’ and inserting ‘‘title VII’’; and

19 (B) by striking paragraph (2) and insert20 ing the following new paragraph:

21 ‘‘(2) DISASTER ASSISTANCE.—Disaster assist22 ance shall be made available to producers in accord23 ance with title VII.’’.

24 (6) Section 107B(c) of the Agricultural Act of

25 1949 (7 U.S.C. 1445b–3a(c)) is amended—
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1 (A) in paragraph (1)(E) (as redesignated

2 by section 103(a)(1)(B)), by striking ‘‘para3 graph (2)’’ and inserting ‘‘title VII’’; and

4 (B) by striking paragraph (2) and insert5 ing the following new paragraph:

6 ‘‘(2) DISASTER ASSISTANCE.—Disaster assist7 ance shall be made available to producers in accord8 ance with title VII.’’.

9 (7) The matter under the heading ‘‘FEDERAL

10 CROP INSURANCE’’ under the heading ‘‘DEPART11 MENT OF AGRICULTURE’’ of title I of the Sec12 ond Deficiency Appropriation Act, 1940 (54 Stat.

13 640; 7 U.S.C. 1504a) is amended by striking ‘‘: Pro14 vided,’’ and all that follows through ‘‘Corporation’’.

15 (8) Section 1507 of the Omnibus Budget Rec16 onciliation Act of 1987 (Public Law 100–203; 7

17 U.S.C. 1508 note) is repealed.

18 (9) Section 321(b) of the Consolidated Farm

19 and Rural Development Act (7 U.S.C. 1961(b)) is

20 amended by striking ‘‘crop insurance was available

21 to the applicant for such crop losses under the Fed22 eral Crop Insurance Act (7 U.S.C. 1501 et seq.)’’

23 and inserting ‘‘disaster assistance was available to

24 the applicant for the crop losses under title VII of

25 the Agricultural Act of 1949’’.
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1 (10) Subsection (c) of the first sentence of sec2 tion 2 of the Act of December 20, 1944 (58 Stat.

3 837, chapter 623; 12 U.S.C. 1150a) is amended by

4 striking ‘‘; and crop-insurance programs formulated

5 pursuant to title V of the Agricultural Adjustment

6 Act of 1938 (the Federal Crop Insurance Act)’’.

7 (11) Section 12 of the Soil Conservation and

8 Domestic Allotment Act (16 U.S.C. 590l) is amend9 ed—

10 (A) by striking ‘‘(a)’’; and

11 (B) by striking subsection (b).

12 (12) Section 1211(1) of the Food Security Act

13 of 1985 (16 U.S.C. 3811(1)) is amended—

14 (A) by striking subparagraph (C); and

15 (B) by redesignating subparagraphs (D)

16 and (E) as subparagraphs (C) and (D), respec17 tively.

18 (13) Section 1221(1) of the Food Security Act

19 of 1985 (16 U.S.C. 3821(1)) is amended—

20 (A) by striking subparagraph (C); and

21 (B) by redesignating subparagraphs (D)

22 and (E) as subparagraphs (C) and (D), respec23 tively.
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1 (14) Section 657 of title 18, United States

2 Code, is amended by striking ‘‘Federal Crop Insur3 ance Corporation,’’.

4 (15) Section 658 of title 18, United States

5 Code, is amended by striking ‘‘Federal Crop Insur6 ance Corporation,’’.

7 (16) Section 1006 of title 18, United States

8 Code, is amended by striking ‘‘Federal Crop Insur9 ance Corporation,’’.

10 (17) Section 1014 of title 18, United States

11 Code, is amended by striking ‘‘Federal Crop Insur12 ance Corporation,’’.

13 (18) Section 1903 of title 18, United States

14 Code, is amended by striking ‘‘crop insurance or to

15 the Federal Crop Insurance Corporation’’ and in16 serting ‘‘disaster assistance’’.

17 (19) Section 519(b)(1) of the Controlled Sub18 stances Act (21 U.S.C. 889(b)(1)) is amended—

19 (A) by striking subparagraph (C); and

20 (B) by redesignating subparagraphs (D)

21 and (E) as subparagraphs (C) and (D), respec22 tively.

23 (20) Section 6109 of the Internal Revenue Code

24 of 1986 (relating to identifying numbers) is amend25 ed—
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1 (A) by striking subsection (f) (as added by

2 section 2201(d) of the Food, Agriculture, Con3 servation, and Trade Act of 1990 (104 Stat.

4 3953); and

5 (B) by redesignating subsection (h) as sub6 section (g).

7 (21) Section 9101(3) of title 31, United States

8 Code, is amended—

9 (A) by striking subparagraph (C); and

10 (B) by redesignating subparagraphs (D)

11 and subparagraphs (F) through (M) as sub12 paragraph (C) and subparagraphs (D) through

13 (K), respectively.

14 (22) Section 205(c)(2)(C) of the Social Security

15 Act (42 U.S.C. 405(c)(2)(C)) is amended by striking

16 clause (iii) (as added by section 2201(b)(3) of the

17 Food, Agriculture, Conservation, and Trade Act of

18 1990 (104 Stat. 3952)).

19 SEC. 323. EFFECTIVE DATE.

20 This subtitle and the amendments made by this sub21 title shall become effective beginning with the 1994 crop

22 of a commodity.
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1 Subtitle C—Other Agricultural

2 Programs

3 SEC. 331. ELIMINATION OF TITLE I SALES AND TITLE III

4 GRANTS UNDER PUBLIC LAW 480.

5 (a) IN GENERAL.—Title I and III of the Agricultural

6 Trade Development and Assistance Act of 1954 (7 U.S.C.

7 1701 et seq.) are repealed.

8 (b) CONFORMING AMENDMENTS.—

9 (1) Section 416(b) of the Agricultural Act of

10 1949 (7 U.S.C. 1431(b)) is amended—

11 (A) in paragraphs (1) and (7)(D)(iii), by

12 striking ‘‘titles II and III’’ each place it appears

13 and inserting ‘‘title II’’; and

14 (B) in paragraph (11)(A)(i), by striking

15 ‘‘title I of the Agricultural Trade Development

16 and Assistance Act of 1954 or other statutes’’

17 and inserting ‘‘pursuant to law’’.

18 (2) The matter under the heading ‘‘FOREIGN

19 AGRICULTURAL SERVICE’’ under the heading ‘‘DE20 PARTMENT OF AGRICULTURE’’ of title I of the

21 Second Supplemental Appropriation Act, 1959 (Pub22 lic Law 86–30; 7 U.S.C. 1704 note) is amended by

23 striking the heading ‘‘SALARIES AND EXPENSES’’

24 and the matter under the heading.
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1 (3) Section 302(b) of the Dairy and Tobacco

2 Adjustment Act of 1983 (Public Law 98–180; 7

3 U.S.C. 1727g note) is amended—

4 (A) in paragraph (1), by inserting ‘‘and’’

5 at the end;

6 (B) by striking paragraph (2); and

7 (C) by redesignating paragraph (3) as

8 paragraph (2).

9 (4) Section 401 of the Agricultural Trade De10 velopment and Assistance Act of 1954 (7 U.S.C.

11 1731) is amended—

12 (A) in subsection (e)(2), by striking ‘‘sec13 tion 303 or’’; and

14 (B) by striking subsection (f).

15 (5) Section 404 of the Agricultural Trade De16 velopment and Assistance Act of 1954 (7 U.S.C.

17 1734) is amended—

18 (A) by striking subsection (a);

19 (B) by redesignating subsections (b), (c),

20 and (d) as subsections (a), (b), and (c), respec21 tively; and

22 (C) in subsection (a) (as redesignated by

23 subparagraph (B))—

24 (i) by striking paragraphs (2) and (3);

25 and
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1 (ii) by redesignating paragraphs (4)

2 and (5) as paragraphs (2) and (3), respec3 tively.

4 (6) Section 407 of the Agricultural Trade De5 velopment and Assistance Act of 1954 (7 U.S.C.

6 1736a) is amended—

7 (A) by striking subsections (a) and (f);

8 (B) by redesignating subsections (b), (c),

9 (d), (e), (g), and (h) as subsections (a), (b), (c),

10 (d), (e), and (f), respectively;

11 (C) in subsection (a) (as redesignated by

12 subparagraph (B))—

13 (i) in paragraph (1), by striking ‘‘, or

14 any ocean transportation financed by the

15 Commodity Credit Corporation under title

16 I’’; and

17 (ii) by striking paragraph (4);

18 (D) in subsection (b) (as redesignated by

19 subparagraph (B))—

20 (i) by striking paragraphs (1) and (3);

21 (ii) by redesignating paragraphs (2)

22 and (4) as paragraphs (1) and (2), respec23 tively;

24 (iii) in paragraph (1) (as redesignated

25 by clause (ii))—
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1 (I) by striking ‘‘AND COMMIS2 SIONS.—’’ and all that follows

3 through ‘‘.—Notwithstanding’’ and in4 serting ‘‘AND COMMISSIONS.—Not5 withstanding’’; and

6 (II) by striking subparagraph

7 (B); and

8 (E) in subsection (c) (as redesignated by

9 subparagraph (B))—

10 (i) in the subsection heading, by strik11 ing ‘‘AND III’’;

12 (ii) in paragraph (1), by striking ‘‘and

13 title III’’; and

14 (iii) in paragraphs (2) and (3), by

15 striking ‘‘titles II and III’’ both places it

16 appears and inserting ‘‘title II’’.

17 (7) Section 410 of the Agricultural Trade De18 velopment and Assistance Act of 1954 (7 U.S.C.

19 1736d) is amended—

20 (A) by striking subsections (a) and (c);

21 and

22 (B) by redesignating subsections (b) and

23 (d) as subsections (a) and (b), respectively.
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1 (8) Section 411 of the Agricultural Trade De2 velopment and Assistance Act of 1954 (7 U.S.C.

3 1736e) is amended—

4 (A) by striking subsection (a); and

5 (B) by redesignating subsections (b)

6 through (e) as subsections (a) through (d), re7 spectively.

8 (9) Section 412 of the Agricultural Trade De9 velopment and Assistance Act of 1954 (7 U.S.C.

10 1736f) is amended—

11 (A) in subsection (a), by striking ‘‘carry

12 out—’’ and all that follows through ‘‘including’’

13 and inserting ‘‘carry out the emergency and pri14 vate assistance program under title II, includ15 ing’’;

16 (B) by striking subsection (b); and

17 (C) by redesignating subsections (c), (d),

18 and (e) as subsections (b), (c), and (d), respec19 tively.

20 (10) Subsection (e) of the Food for Progress

21 Act of 1985 (7 U.S.C. 1736o(e)) is amended—

22 (A) by striking paragraph (3); and

23 (B) by redesignating paragraph (4) as

24 paragraph (3).
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1 (11) Section 7(4)(A) of the Agricultural and

2 Trade Missions Act (7 U.S.C. 1736bb–6(4)(A)) is

3 amended by striking ‘‘titles I, II, and III’’ and in4 serting ‘‘title II’’.

5 (12) Section 604(a) of the Agricultural Trade

6 Development and Assistance Act of 1954 (7 U.S.C.

7 1738c(a)) is amended by striking ‘‘DEBT.—’’ and all

8 that follows through ‘‘APPROPRIATIONS.—The’’ and

9 inserting ‘‘DEBT.—The’’.

10 (13) The proviso of the first sentence of section

11 606C of the Agricultural Act of 1954 (7 U.S.C.

12 1766b) is amended by striking ‘‘, and the Secretary

13 may utilize’’ and all that follows through ‘‘are as14 signed’’.

15 (14) Section 416(a) of the Agricultural Trade

16 Act of 1978 (7 U.S.C. 5676(a)) is amended by strik17 ing ‘‘export program established under title I of the

18 Agricultural Trade Development and Assistance Act

19 of 1954 (7 U.S.C. 1691 et seq.), or in any other’’.

20 (15) The second sentence of section 402 of the

21 Mutual Security Act of 1954 (22 U.S.C. 1922) is

22 amended by striking ‘‘and with particular emphasis’’

23 and all that follows through ‘‘purposes of this Act’’.

24 (16) The first sentence of section 5(g) of the

25 International Health Research Act of 1960 (22
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1 U.S.C. 2103(g)) is amended by striking ‘‘title I of

2 the Agricultural Trade Development and Assistance

3 Act of 1954, and’’.

4 (17) Section 481(i)(4)(C) of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2291(i)(4)(C)) is

6 amended by striking ‘‘sales under title I or III and’’.

7 SEC. 332. ELIMINATION OF INTEREST RATE SUBSIDY FOR

8 REA DIRECT LOANS.

9 Section 305(b) of the Rural Electrification Act of

10 1936 (7 U.S.C. 935(b)) is amended by striking ‘‘5 per

11 centum per annum’’ and inserting ‘‘a rate fixed by the

12 Secretary of the Treasury, taking into consideration the

13 current average market yield of outstanding marketable

14 obligations of the United States having maturities com15 parable to the notes issued by the Administrator under

16 section 304’’.

17 SEC. 333. CONSOLIDATION OF FIELD OFFICES OF DEPART18 MENT OF AGRICULTURE.

19 (a) IN GENERAL.—Not later than 180 days after the

20 date of enactment of this Act, the Secretary of Agriculture

21 (referred to in this section as the ‘‘Secretary’’) shall con22 solidate the field offices of—

23 (1) the Agricultural Stabilization and Conserva24 tion Service;
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1 (2) the Soil Conservation Service established

2 under section 5 of the Soil Conservation and Domes3 tic Allotment Act (16 U.S.C. 590e);

4 (3) the Farmers Home Administration estab5 lished under section 331 of the Consolidated Farm

6 and Rural Development Act (7 U.S.C. 1981); and

7 (4) the Federal Crop Insurance Corporation es8 tablished in section 503 of the Federal Crop Insur9 ance Act (7 U.S.C. 1503) (as it existed before the

10 amendment made by section 142(a)).

11 (b) DISTRICT OFFICES.—

12 (1) IN GENERAL.—In lieu of maintaining coun13 ty field offices for the field offices consolidated

14 under subsection (a), the Secretary shall establish

15 offices in administrative districts consisting of more

16 than one county in a State or parts of different

17 counties, except, at the discretion of the Secretary

18 and according to guidelines provided for in sub19 section (e).

20 (2) FACTORS.—In establishing the districts, the

21 Secretary shall consider—

22 (A) the number of producers to be served

23 by a district in a State;

24 (B) the area to be covered by a district;

25 and
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1 (C) the cost of operating a district com2 pared to the value of the benefits to be provided

3 through the district office.

4 (c) OFFICES TO REPLACE EXISTING COUNTY OF5 FICES.—As a district office is established under this sec6 tion, the district office shall replace the county or other

7 local offices of the agencies referred to in subsection (a)

8 in existence on the date of enactment of this Act.

9 (d) PERSONNEL ADJUSTMENTS.—If the consolida10 tion of offices under this section requires a reduction in

11 personnel, the Secretary shall give first attempt to use at12 trition, rather than other reductions in force, to obtain the

13 necessary reduction in personnel.

14 (e) GUIDELINES.—

15 (1) IN GENERAL.—Prior to the establishment of

16 offices under this section, the Secretary shall publish

17 guidelines, subject to public comment before final

18 implementation, for the criteria used in determining

19 the size of administrative areas to be covered by dis20 trict offices.

21 (2) CRITERIA.—The criteria shall include—

22 (A) the number of farms, ranches, and

23 producers in each administrative area;

24 (B) the geographic size of each administra25 tive area;
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1 (C) the quantity and type of crops grown

2 in each administrative area;

3 (D) the likely inconvenience to producers

4 of the size of the administrative area;

5 (E) the ability of the proposed office to

6 service efficiently the administrative area;

7 (F) the ability of producers in the adminis8 trative area to utilize user-friendly application

9 processes for the programs administered by the

10 office; and

11 (G) the extent to which the Secretary has

12 eased paperwork burdens on producers to be

13 served by the administrative area.

14 TITLE IV—COMMITTEE ON EN15 ERGY AND NATURAL RE16 SOURCES

17 SEC. 401. ELIMINATION OF BELOW-COST TIMBER SALES

18 FROM NATIONAL FORESTS.

19 (a) IN GENERAL.—Section 14(a) of the National

20 Forest Management Act of 1976 (16 U.S.C. 472a(a)) is

21 amended—

22 (1) by striking ‘‘For’’ and inserting ‘‘(1) Sub23 ject to paragraph (2), for’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(2)(A) The Secretary of Agriculture may not sell,

2 or offer for sale, any timber located on National Forest

3 System lands for which revenues from the sale are less

4 than the legal minimum bid.

5 ‘‘(B) As used in this paragraph:

6 ‘‘(i) The term ‘legal minimum bid’ means the

7 minimum amount of revenues from a timber sale

8 needed to meet or exceed the timber sale expenses

9 from the sale.

10 ‘‘(ii) The term ‘revenues’ means cash returns to

11 the United States Treasury.

12 ‘‘(iii) The term ‘timber sale expenses’ means ex13 penses incurred by the United States for—

14 ‘‘(I) sale preparation;

15 ‘‘(II) harvest administration;

16 ‘‘(III) timber resource planning;

17 ‘‘(IV) silvicultural examination;

18 ‘‘(V) other resource support;

19 ‘‘(VI) road design and construction;

20 ‘‘(VII) road maintenance;

21 ‘‘(VIII) transportation planning;

22 ‘‘(IX) appropriated reforestation;

23 ‘‘(X) timber stand improvement;

24 ‘‘(XI) forest genetics study;
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1 ‘‘(XII) timber program general administra2 tion;

3 ‘‘(XIII) facilities construction;

4 ‘‘(XIV) payments to counties; and

5 ‘‘(XV) a portion of timber program ex6 penses for the Washington, D.C., and regional

7 offices of the Forest Service allocated to each

8 national forest on the basis of harvest volume,

9 as determined by the Secretary of Agri10 culture.’’.

11 (b) EFFECTIVE DATE.—Section 14(a)(2) of the Na12 tional Forest Management Act of 1976 (as added by sub13 section (a)) shall take effect on the first day of the first

14 full fiscal year following the date of enactment of this Act.

15 SECTION. 402. REDUCTION IN FUNDING FOR TENNESSEE

16 VALLEY AUTHORITY.

17 (a) RECREATIONAL ACTIVITIES.—Section 4(g) of the

18 Tennessee Valley Authority Act of 1933 (16 U.S.C.

19 831c(g)) is amended by inserting before the period the fol20 lowing: ‘‘, except that no Federal funds may be used by

21 the Corporation under this Act to support or carry out

22 a recreational activity or program’’.

23 (b) NATIONAL FERTILIZER AND ENVIRONMENTAL

24 RESEARCH CENTER.—Section 5(h) of the Tennessee Val-
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1 ley Authority Act of 1933 (16 U.S.C. 831d(h)) is amend2 ed—

3 (1) by striking ‘‘To establish’’ and inserting

4 ‘‘(1) Subject to paragraph (2), to establish’’; and

5 (2) by adding at the end the following new

6 paragraph:

7 ‘‘(2) The board may not use Federal funds to estab8 lish or maintain the National Fertilizer and Environ9 mental Research Center or any comparable entity.’’.

10 (c) OTHER STEWARDSHIP ACTIVITIES.—

11 (1) USE OF FUNDS FOR NONPOWER ACTIVI12 TIES.—The Board of Directors of the Tennessee

13 Valley Authority (referred to in this subsection as

14 the ‘‘Board’’) shall not use Federal funds for stew15 ardship activities of the Tennessee Valley Authority

16 that are not related to the power system.

17 (2) FEE-FOR-SERVICE.—The Board is author18 ized to develop and implement a fee-for-service

19 mechanism to charge fees to users of stewardship

20 activities of the Tennessee Valley Authority that are

21 not related to the power system to cover the costs

22 of such nonpower related activities.

23 (3) FEE STRUCTURE.—The Board is authorized

24 to develop and implement a fee structure for users
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1 of power from the system to generate funds suffi2 cient to cover the costs of all stewardship activities.

3 SEC. 403. DEBT REPAYMENT FOR HYDROELECTRIC POWER

4 PROJECTS.

5 (a) IN GENERAL.—The second sentence of section 5

6 of the Act entitled ‘‘An Act authorizing the construction

7 of certain public works on rivers and harbors for flood con8 trol, and for other purposes’’, approved December 22,

9 1944 (16 U.S.C. 825s), is amended by inserting before

10 the period at the end the following: ‘‘through uniform an11 nual payments that consist of equal amounts of principal

12 and interest and that reflect a commencement of payments

13 for each project with the 1st year in which electric power

14 and energy is delivered to the Secretary of Energy from

15 the project’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall become effective on October 1, 1994.

18 SECTION. 404. INCREASE IN PRICING FOR USE OF PUBLIC

19 LANDS.

20 (a) INCREASE IN DOMESTIC LIVESTOCK GRAZING

21 FEES.—

22 (1) IN GENERAL.—Section 401 of the Federal

23 Land Policy and Management Act of 1976 (43

24 U.S.C. 1751) is amended by adding at the end the

25 following new subsection:
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1 ‘‘(c)(1)(A) Subject to subparagraph (B), the Sec2 retary of Agriculture, with respect to National Forest Sys3 tem lands in the 16 contiguous Western States (except

4 national grasslands) administered by the Forest Service

5 where domestic livestock grazing is permitted under appli6 cable law, and the Secretary of the Interior with respect

7 to public domain lands administered by the Bureau of

8 Land Management where domestic livestock grazing is

9 permitted under applicable law, shall establish beginning

10 with the grazing season that begins on March 1, 1994,

11 an annual domestic livestock grazing fee equal to fair mar12 ket value.

13 ‘‘(B) The grazing fee charged for any given year

14 under subparagraph (A) shall not increase nor decrease

15 by more than 33.3 percent from the grazing fee charged

16 for the previous year.

17 ‘‘(2)(A) As used in this subsection, the term ‘fair

18 market value’ means the amount obtained in accordance

19 with the following formula:

Fair Market Value=

Appraised Base Value × Forage Value Index

100

20 ‘‘(B) As used in subparagraph (A):

21 ‘‘(i) The term ‘Appraised Base Value’ means

22 the 1983 Appraisal Value conclusions for mature

23 cattle and horses (expressed in dollars per head or
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1 per month), as determined in the 1986 report pre2 pared jointly by the Secretary of Agriculture and the

3 Secretary of the Interior entitled ‘Grazing Fee Re4 view and Evaluation’, dated February 1986, on a

5 westwide basis using the lowest appraised value of

6 the pricing areas adjusted for advanced payment

7 and indexed to 1993.

8 ‘‘(ii) The term ‘Forage Value Index’ means the

9 Forage Value Index (FVI) computed annually by the

10 Economic Research Service of the Department of

11 Agriculture, and set with the 1993 Forage Value

12 Index equal to 100.’’.

13 (2) DEFINITION OF 16 CONTIGUOUS WESTERN

14 STATES.—Section 103 of such Act (43 U.S.C. 1702)

15 is amended by adding at the end the following new

16 paragraph:

17 ‘‘(q) The term ‘16 contiguous Western States’ means

18 the States of Arizona, California, Colorado, Idaho, Kan19 sas, Montana, Nebraska, Nevada, New Mexico, North Da20 kota, Oklahoma, Oregon, South Dakota, Utah, Washing21 ton, and Wyoming.’’.

22 (3) CONFORMING AMENDMENT.—Section 6 of

23 the Public Rangelands Improvement Act of 1978

24 (43 U.S.C. 1905) is amended by striking subsection

25 (a).
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1 (b) INCREASE IN USER FEES IN NATIONAL

2 PARKS.—

3 (1) IN GENERAL.—Not later than 180 days

4 after the date of enactment of this Act, the Sec5 retary of the Interior, acting through the Director of

6 the National Park Service, shall establish a fee

7 structure for entrance and user fees at public lands

8 that are part of the National Park System.

9 (2) FEES.—The Secretary shall set the fees re10 quired by this subsection at such a level that will

11 generate, per year, funds equal to 50 percent of the

12 costs of operation and maintenance of visitor serv13 ices by January 30, 1993.

14 TITLE V—COMMITTEE ON ENVI15 RONMENT AND PUBLIC

16 WORKS

17 SEC. 501. HIGHWAY DEMONSTRATION PROJECTS.

18 (a) ELIMINATION OF AUTHORITY FOR PROJECTS.—

19 For each of fiscal years 1994 through 1998, except as pro20 vided in subsection (c) and except in the case of a contract

21 or agreement entered into before March 31, 1994, not22 withstanding any other provision of law, the Secretary of

23 Transportation may not enter into any contract or agree24 ment to carry out, or carry out, a highway demonstration
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1 project described in the Intermodal Surface Transpor2 tation Efficiency Act of 1991 (Public Law 102–240).

3 (b) PROHIBITION ON EXPENDITURE OF FUNDS.—

4 Except as provided in subsection (c), no funds made avail5 able shall be expended for any of fiscal years 1994 through

6 1998 in connection with a highway demonstration project

7 subject to subsection (a).

8 (c) EXCEPTION.—Subsections (a) and (b) shall not

9 apply to any contract or agreement entered into, or any

10 funds made available, solely for the purpose of terminat11 ing, as a result of this section, any action or activity in12 volving a highway demonstration project subject to sub13 section (a).

14 (d) RESCISSION OF FUNDS.—There are rescinded—

15 (1) any amounts set aside or otherwise made

16 available, for highway demonstration projects subject

17 to subsection (a), that are not expended as a result

18 of this section; and

19 (2) the underlying appropriations for the

20 amounts described in paragraph (1).
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1 TITLE VI—COMMITTEE ON COM2 MERCE, SCIENCE, AND

3 TRANSPORTATION

4 SEC. 601. RADIO SPECTRUM ROYALTY.

5 The Communications Act of 1934 is amended by in6 serting after section 304 the following new section:

7 ‘‘SEC. 304A. ROYALTY.

8 ‘‘(a) REQUIREMENT.—Revenues from the use of the

9 electromagnetic spectrum described in section (j)(2)(A) of

10 the Communications Act of 1934 (47 U.S.C. 309(j)(2)(A))

11 pursuant to any initial license of construction permit is12 sued after the date of enactment of this section shall be

13 subject to a royalty of 4 percent of the gross income from

14 the use of the spectrum.

15 ‘‘(b) ROYALTY PAYMENTS.—Royalty payments shall

16 be made to the United States not later than 30 days after

17 the end of the month in which the income from the use

18 of the spectrum is generated.

19 ‘‘(c) REPORTING REQUIREMENTS.—Each licensee

20 shall be required to provide such information as the Com21 mission determines is necessary to ensure compliance with

22 this section.

23 ‘‘(d) AUDITS.—The Commission shall conduct such

24 audits of each licensee as the Commission determines are
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1 necessary to ensure compliance with the requirements of

2 this section.

3 ‘‘(e) COMPLIANCE.—Any licensee who knowingly or

4 willfully prepares, maintains, or submits false, inaccurate,

5 or misleading information required by this section, or fails

6 or refuses to submit information required by this section,

7 shall be subject to forfeiture of the license.

8 ‘‘(f) REGULATIONS.—The Commission shall promul9 gate regulations to establish gross income for royalty pur10 poses under subsection (a) and to ensure compliance with

11 this section.

12 ‘‘(g) REPORT.—The Commission shall submit to Con13 gress an annual report on the implementation of this sec14 tion.’’.

15 SEC. 602. INLAND WATERWAY SYSTEM.

16 Title I of the Water Resources Development Act of

17 1986 (33 U.S.C. 2211 et seq.) is amended by adding at

18 the end the following new section:

19 ‘‘SEC. 110. FEES FOR USE OF INLAND WATERWAY SYSTEM.

20 ‘‘(a) IMPLEMENTATION OF FEE SYSTEM.—Not later

21 than 180 days after the date of enactment of this section,

22 the Secretary of Transportation shall develop and imple23 ment a system to require the payment of a user fee by

24 users of the inland waterway transportation system.
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1 ‘‘(b) AMOUNT.—The Secretary shall set the fee re2 quired under subsection (a) in an amount that will gen3 erate revenues sufficient to fully recover—

4 ‘‘(1) costs associated with the operation and

5 maintenance of the inland waterway system; and

6 ‘‘(2) construction outlays for the inland water7 way system.’’.

8 TITLE VII—CIVIL SERVICE

9 PROGRAMS

10 SEC. 701. PREFUNDING OF GOVERNMENT CONTRIBUTIONS

11 FOR FEDERAL ANNUITANTS’ HEALTH INSUR12 ANCE.

13 (a) IN GENERAL.—Chapter 89 of title 5, United

14 States Code, is amended by inserting after section 8906a

15 the following new section:

16 ‘‘§ 8906b. Prefunding of Government contributions

17 for annuitants

18 ‘‘(a) Beginning on October 1, 1994, and no later than

19 October 1 of each year thereafter, each agency shall de20 posit an amount determined by the Office of Personnel

21 Management in the Employees Health Benefit Fund to

22 be invested as provided under subsection (a) to pay the

23 Government contributions for annuitants as required

24 under section 8906 in following fiscal years.
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1 ‘‘(b) The Secretary of the Treasury may invest and

2 reinvest the amounts deposited under subsection (a) in in3 terest bearing obligations of the United States and may

4 sell such obligations. Such amounts, interest on obliga5 tions, and the proceeds from such sales shall be used for

6 the purpose described under subsection (a).’’.

7 (b) TECHNICAL AND CONFORMING AMENDMENT.—

8 The table of sections for chapter 89 of title 5, United

9 States Code, is amended by inserting after the item relat10 ing to section 8906a the following new item:

‘‘8906b. Prefunding of Government contributions for annuitants.’’.

11 SEC. 702. REPEAL OF THE PROVISION EXCLUDING SENIOR

12 EXECUTIVES FROM THE LIMITATION GEN13 ERALLY APPLICABLE ON THE ACCUMULA14 TION OF ANNUAL LEAVE.

15 (a) IN GENERAL.—Section 6304(f) of title 5, United

16 States Code, is repealed, effective as of January 1, 1994.

17 (b) SAVINGS PROVISION.—

18 (1) APPLICABILITY.—This paragraph shall

19 apply with respect to an individual—

20 (A) who, as of December 31, 1993, has

21 more than 30 days of annual leave to such indi22 vidual’s credit (or more than 45 days, if the in23 dividual would be subject to section 6304(b) of

24 such title) which were accrued in any position

25 described in section 6304(f) of title 5, United
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1 States Code (as in effect on the date of the en2 actment of this Act); and

3 (B) only for so long as such individual re4 mains continuously employed in any such posi5 tion (disregarding any break in service of 3

6 days or less).

7 (2) STATEMENT OF THE RULE.—For purposes

8 of administering section 6304 of title 5, United

9 States Code, with respect to any individual to whom

10 this paragraph applies—

11 (A) subsection (a) of such section shall be

12 deemed amended by striking ‘‘30’’ and inserting

13 the number corresponding to the number of

14 days determined for such individual under sub15 paragraph (A)(i); and

16 (B) subsection (b) of such section shall be

17 deemed amended by striking ‘‘45’’ and inserting

18 the number corresponding to the number of

19 days determined for such individual under sub20 paragraph (A)(i).

21 (c) CONFORMING AMENDMENT.—Section 6304(a) of

22 title 5, United States Code, is amended by striking ‘‘(d),

23 (e), (f), and (g)’’ and inserting ‘‘(d) and (e)’’.
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1 SEC. 703. ELIMINATION OF ADMINISTRATIVELY UNCON2 TROLLABLE OVERTIME PAY.

3 Section 5542 of title 5, United States Code, is

4 amended by adding at the end thereof the following new

5 subsection:

6 ‘‘(d)(1) Subject to paragraph (2), an employee may

7 not be paid overtime pay as provided under this section,

8 unless there is administrative prior approval of the hours

9 of overtime.

10 ‘‘(2) The provisions of paragraph (1) shall not apply

11 to a law enforcement officer.’’.

12 TITLE VIII—COMMITTEE ON

13 FINANCE

14 SEC. 801. ONE DOLLAR FEE FOR PROCESSING PAPER

15 CLAIMS.

16 (a) IMPOSITION OF FEE BY SECRETARY.—Section

17 1874 (42 U.S.C. 1395kk) of the Social Security Act is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(d) The Secretary may impose a one dollar fee for

21 each claim for payment for items or services furnished

22 under this title submitted on paper rather than electroni23 cally by any person that furnishes items or services under

24 part B of this title.’’.

25 (b) RECOGNIZED PAYMENT AMOUNT ADJUSTED BY

26 ONE DOLLAR FEE.—Section 1848(g)(2)(D) (42 U.S.C.
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1 1395w–4(g)(2)(D)) of the Social Security Act is amended

2 by inserting ‘‘reduced by any applicable fee imposed under

3 section 1874(d)’’ after ‘‘subsection (a)’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 subsections (a) and (b) shall apply to claims received after

6 1993.

7 SEC. 802. AUCTION OF IMPORT LICENSES.

8 (a) IMPORT LICENSES.—Notwithstanding any other

9 provision of law, the Secretary of the Treasury shall estab10 lish and implement a program for the issuance and sale

11 of import licenses at public auction to administer quan12 titative restrictions with respect to textiles and textile

13 products, and sugar.

14 (b) AUCTIONING OF IMPORT LICENSES.—

15 (1) IN GENERAL.—Each import license to be is16 sued and sold pursuant to this section shall be sold

17 by the Secretary of the Treasury at a public auction

18 held no earlier than 15 days after the date on which

19 notice of such auction is published in the Federal

20 Register.

21 (2) REGULATIONS.—By no later than the date

22 that is 60 days after the date of the enactment of

23 this Act, the Secretary of the Treasury shall pre24 scribe regulations under which auctions shall be con-
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1 ducted under paragraph (1). Such regulations shall

2 provide for—

3 (A) the auctioning of quotas, on a histori4 cal basis, among importers of textiles and tex5 tile products, and sugar;

6 (B) the transfer of auctioned import li7 censes among importers; and

8 (C) a means of ensuring that no person ob9 tains undue market power in the markets of the

10 United States through the use of auctioned im11 port licenses.

12 (c) DEPOSIT OF REVENUES.—Any revenues from the

13 sale of import licenses under this section shall be paid into

14 the general fund of the Treasury of the United States.

15 (d) DEFINITIONS.—For purposes of this Act—

16 (1) SUGAR.—The term ‘‘sugar’’ means sugar,

17 syrups, and molasses described in subheading

18 1701.11, 1701.12, 1701.91, 1701.99, 1702.90,

19 1806.10, or 2106.90 of the Harmonized Tariff

20 Schedule of the United States (as in effect on the

21 date of the enactment of this Act).

22 (2) TEXTILE AND TEXTILE PRODUCT.—The

23 term ‘‘textile and textile product’’ means any textile

24 or textile product—
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1 (A) described in a category identified by a

2 three-digit number in the Department of Com3 merce publication entitled ‘‘Correlation: Textile

4 and Apparel Categories with Harmonized Tariff

5 Schedule of the United States’’, dated 1990,

6 and in any amendments to such publication;

7 (B) described in a subdivision of a cat8 egory described in subparagraph (A) with re9 spect to which the United States has—

10 (i) an agreement with any country on

11 the date of the enactment of this Act limit12 ing exports of textiles and textile products

13 to the United States that includes a spe14 cific limit on such subdivision, or

15 (ii) taken unilateral action to limit

16 producers from any country entered under

17 such subdivision;

18 (C) which consists of manmade fiber prod19 ucts not covered by a category described in sub20 paragraph (A), but classified under chapter 54,

21 55, or 56 of the Harmonized Tariff Schedule of

22 the United States (as in effect on the date of

23 the enactment of this Act); and

24 (D) which is not covered by a category de25 scribed in subparagraph (A), but is classified
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1 under subheading 6215.10 or 6117.20 of the

2 Harmonized Tariff Schedule of the United

3 States (as in effect on the date of the enact4 ment of this Act).

5 TITLE IX—REINVENTING

6 GOVERNMENT

7 SEC. 901. ENCOURAGING AGENCY COST EFFICIENCY AND

8 EMPLOYEE SAVINGS IDEAS.

9 (a) SHARED SAVINGS.—In any fiscal year, any agen10 cy that has budget authority appropriated to the agency

11 in operational accounts which—

12 (1) will be unobligated on the last day of such

13 fiscal year; and

14 (2) will expire at the end of the last day of such

15 fiscal year,

16 may place up to 50 percent of such budget authority into

17 an agency innovation fund.

18 (b) INNOVATION FUNDS.—There are established at

19 the Department of the Treasury, innovation funds for

20 each executive agency of the Federal Government. Not21 withstanding any other provision of law, any funds trans22 ferred to one of these funds pursuant to subsection (a)

23 shall remain available for obligation for a qualified pur24 pose, as defined in subsection (c), for an additional 2 years

25 beyond the date the funds would otherwise have expired.
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1 (c) QUALIFIED PURPOSE.—The head of an agency

2 may authorize the Secretary of the Treasury to disburse

3 funds from that agency’s innovation fund for the following

4 qualified purposes:

5 (1) Up to a maximum of 2 percent of the funds

6 transferred by the agency at the end of the previous

7 fiscal year to the innovation fund, to pay savings bo8 nuses to employees of offices of the agency that as9 sisted in saving the funds so transferred. The head

10 of the agency shall ensure that such bonuses are

11 equitably distributed among employees of an office

12 that assisted in saving the funds so transferred, and

13 that the aggregate amount of savings bonuses to

14 each office reflect the proportionate contribution of

15 that office to aggregate agency savings so trans16 ferred during the previous fiscal year.

17 (2) To conduct additional debt collection activi18 ties. The head of the agency and chief financial offi19 cer of the agency certify that the additional collec20 tions from expenditures permitted by this paragraph

21 from the innovation fund will exceed the expendi22 tures from the innovation fund.

23 (3) To acquire information technology that will

24 substantially improve efficiency or customer service.

25 The agency head and chief financial officer certify
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1 that the expenditures permitted by this paragraph

2 will substantially improve efficiency or customer

3 service and such expenditures are approved by the

4 Director of the Office of Management and Budget,

5 or his designee.

6 (4) To conduct pilot projects on methods to im7 prove customer service.

8 (d) ANNUAL REPORTS.—The head of each agency

9 shall annually submit to the President and Congress a re10 port containing—

11 (1) a listing of all expenditures from the inno12 vation fund;

13 (2) the purpose of such expenditures;

14 (3) a statement of performance indicators and

15 performance goals for evaluation of each activity

16 funded by the innovation fund; and

17 (4) an evaluation of whether activities funded

18 by the innovation fund have met or exceeded per19 formance goals.

20 (e) DEFINITIONS.—For the purposes of this sec21 tion—

22 (1) the term ‘‘operational accounts’’ means

23 those accounts so designated by the department or

24 agency head pursuant to guidance issued by the Di25 rector of the Office of Management and Budget, but
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1 shall not include funds intended to be distributed as

2 grants or entitlements; and

3 (2) the terms ‘‘performance goal’’ and ‘‘per4 formance indicator’’ shall have the same meaning

5 given such terms in section 1115(f) of title 31, Unit6 ed States Code.

7 (f) RELATIONSHIP TO OTHER PROVISIONS OF

8 LAW.—The provisions of this section shall apply to any

9 unexpired appropriation in existence on the date of enact10 ment of this section, and to any appropriation enacted

11 after the date of enactment of this section, except where

12 such appropriation specifically excludes application of this

13 section.

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