481 
‘‘(A) consult with— 
‘‘(i) State departments of agriculture; 
and 
‘‘(ii) land-grant colleges and univer-
sities and NLGCA Institutions (as those 
terms are defined in section 1404 of the 
National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 
3103)); and 
‘‘(B) to the extent practicable and with 
input from the appropriate State officials and 
industry representatives, use existing Federal or 
State facilities to serve as clean plant centers.’’. 
(b) FUNDING.—Subsection (f) of section 420 of the 
Plant Protection Act (7 U.S.C. 7721) (as so redesignated) 
is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking ‘‘and each fis-
cal year thereafter.’’ and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) $71,500,000 for fiscal year 2013 and each 
fiscal year thereafter.’’. 
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482 
(c) REPEAL
OF
EXISTING
PROVISION.—Section 
10202 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 7761) is repealed. 
(d) CLARIFICATION OF USE OF FUNDS FOR TECH-
NICAL ASSISTANCE.—Section 420 of the Plant Protection 
Act (7 U.S.C. 7721) (as amended by subsection (a)) is 
amended by adding at the end the following new sub-
section: 
‘‘(g) RELATIONSHIP TO OTHER LAW.—The use of 
Commodity Credit Corporation funds under this section 
to provide technical assistance shall not be considered an 
allotment or fund transfer from the Commodity Credit 
Corporation for purposes of the limit on expenditures for 
technical assistance imposed by section 11 of the Com-
modity Credit Corporation Charter Act (15 U.S.C. 
714i).’’. 
SEC. 10013. AUTHORITY FOR REGULATION OF PLANTS. 
(a) REGULATION OF PLANTS UNDER PLANT PRO-
TECTION ACT.—Subject to subsection (b), any living stage 
of a plant, including any nucleic acid or other genetic ma-
terial as contained in such plant, shall be exclusively sub-
ject to regulation under statutes under which the Sec-
retary of Agriculture is authorized to issue regulations 
with respect to plants, including the Plant Protection Act 
(7 U.S.C. 7701 et seq.). 
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483 
(b) REGULATION
OF CERTAIN PESTICIDAL SUB-
STANCES UNDER FEDERAL INSECTICIDE, FUNGICIDE, 
AND RODENTICIDE ACT.—A pesticidal substance con-
tained in a plant shall be subject to regulation as a plant- 
incorporated protectant (as defined in section 174.3 of 
title 40, Code of Federal Regulations, or any successor 
regulation) under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.). 
(c) REQUIREMENTS FOR REGULATION OF CERTAIN 
PESTICIDAL SUBSTANCES UNDER FEDERAL INSECTI-
CIDE, FUNGICIDE, AND RODENTICIDE ACT.—The regula-
tions issued by the Administrator of the Environmental 
Protection Agency with respect to plant-incorporated 
protectants under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.), including section 
3(c)(1)(C) of such Act (7 U.S.C. 136a(c)(1)(C)), section 
3(c)(2)(A) of such Act (7 U.S.C. 136a(c)(2)(A)), section 
7 of such Act (7 U.S.C. 136e), section 8 of such Act (7 
U.S.C. 136f), section 9 of such Act (7 U.S.C. 136g), and 
section 17 of such Act (7 U.S.C. 136o), shall— 
(1) be based on sound science; 
(2) use the least burdensome requirements; and 
(3) provide for exemptions from the require-
ments otherwise applicable to pesticides that are not 
plant-incorporated protectants. 
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484 
(d) DEFINITIONS.—In this section: 
(1) PLANT.—The term ‘‘plant’’ has the mean-
ing given such term in section 403 of the Plant Pro-
tection Act (7 U.S.C. 7702). 
(2) PESTICIDAL SUBSTANCE.—The term ‘‘pes-
ticidal substance’’ means a substance or a mixture 
of substances that— 
(A) is contained in any living stage of a 
plant that— 
(i) as of the date of the enactment of 
this subsection, is subject to part 340 of 
title 7, Code of Federal Regulations; or 
(ii) has been determined not to be a 
plant pest under section 411A(b)(2) or 
deemed not to be a plant pest under sec-
tion 411A(b)(4); and 
(B) is intended for preventing, destroying, 
repelling, or mitigating any pest. 
SEC. 10014. REPORT TO CONGRESS ON REGULATION OF 
BIOTECHNOLOGY. 
Not later than one year after the date of the enact-
ment of this section, the Secretary, in consultation with 
the Secretary of Health and Human Services and the Ad-
ministrator of the Environmental Protection Agency, shall 
submit to Congress a report on the measures taken and 
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485 
proposed to be taken by the Secretaries and the Adminis-
trator to provide for balanced and appropriate regulatory 
oversight of agricultural biotechnology products, by— 
(1) reducing regulatory burdens on research 
conducted by academic institutions, small businesses, 
and public entities in developing lower-cost plant and 
animal sources of food, feed, fuel, and fiber devel-
oped through biotechnology, with special emphasis 
on minor use crops, orphan crops, and sources of 
protein; 
(2) identifying categories of products developed 
through biotechnology for which a history of safe use 
has been established and providing with respect to 
such products reduced data requirements, expedited 
review periods, exemptions from regulation, and 
other measures, as appropriate, based on sound 
science; and 
(3) developing and implementing a cohesive na-
tional policy for the low-level presence of agronomic 
biotechnology material in crops, including grain and 
other commodity crops, for food, feed, and proc-
essing. 
SEC. 10015. PESTICIDE REGISTRATION IMPROVEMENT. 
(a) MAINTENANCE FEES.— 
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486 
(1) FEES.—Section 4(i) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a–1(i)) is amended— 
(A) in paragraph (5)— 
(i) in subparagraph (C), by striking 
‘‘aggregate amount of’’ and all that follows 
through the end of the subparagraph and 
inserting 
‘‘aggregate 
amount 
of 
$27,800,000 for each of fiscal years 2013 
through 2017.’’; 
(ii) in subparagraph (D)— 
(I) in clause (i), by striking 
‘‘shall be’’ and all that follows 
through the semicolon and inserting 
‘‘shall be $115,500 for each of fiscal 
years 2013 through 2017;’’; and 
(II) in clause (ii), by striking 
‘‘shall be’’ and all that follows 
through the period and inserting 
‘‘shall be $184,800 for each of fiscal 
years 2013 through 2017.’’; 
(iii) in subparagraph (E)(i)— 
(I) in subclause (I), by striking 
‘‘shall be’’ and all that follows 
through the semicolon and inserting 
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487 
‘‘shall be $70,600 for each of fiscal 
years 2013 through 2017;’’; and 
(II) in subclause (II), by striking 
‘‘shall be’’ and all that follows 
through the period and inserting 
‘‘shall be $122,100 for each of fiscal 
years 2013 through 2017.’’; 
(iv) in subparagraph (F), by striking 
‘‘paragraph (3)’’ and inserting ‘‘this para-
graph’’; 
(v) by inserting after subparagraph 
(E), the following new subparagraph: 
‘‘(F) 
FEE
REDUCTION
FOR
CERTAIN 
SMALL BUSINESSES.— 
‘‘(i) WAIVER.—Except as provided in 
clause (ii), the Administrator shall waive 
25 percent of the fee under this paragraph 
applicable to the first registration of any 
qualified small business entity under this 
paragraph. 
‘‘(ii) 
LIMITATION.—The 
Adminis-
trator shall not grant a waiver under 
clause (i) to a qualified small business en-
tity if the Administrator determines that 
the entity has been formed or manipulated 
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488 
primarily for the purpose of qualifying for 
the waiver. 
‘‘(iii) DEFINITION.—For purposes of 
this subparagraph, the term ‘qualified 
small business entity’ means a corporation, 
partnership, or unincorporated business 
that— 
‘‘(I) has 500 or fewer employees; 
‘‘(II) during the 3-year period 
prior to the most recent maintenance 
fee billing cycle, had an average an-
nual global gross revenue from all 
sources 
that 
did 
not 
exceed 
$10,000,000; and 
‘‘(III) holds not more than 5 pes-
ticide registrations under this para-
graph.’’; and 
(vi) in subparagraph (H), by striking 
‘‘2012’’ and inserting ‘‘2017’’; 
(B) in paragraph (6)— 
(i) by striking ‘‘2014’’ and inserting 
‘‘2019’’; and 
(ii) 
by 
striking 
‘‘paragraphs 
(1) 
through (5)’’ and inserting ‘‘paragraph 
(5)’’; 
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489 
(C) by striking paragraphs (1), (2), (3), 
(4), and (7); and 
(D) by redesignating paragraphs (5) and 
(6) as paragraphs (1) and (2), respectively. 
(2) EXTENSION
OF
PROHIBITION
ON
TOLER-
ANCE
FEES.—Section 408(m)(3) of the Federal 
Food, 
Drug, 
and 
Cosmetic 
Act 
(21 
U.S.C. 
346a(m)(3)) is amended by striking ‘‘September 30, 
2012’’ and inserting ‘‘September 30, 2017’’. 
(3) REREGISTRATION
AND
EXPEDITED
PROC-
ESSING FUND.— 
(A) SOURCE AND USE.—Section 4(k)(2)(A) 
of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a–1(k)(2)(A)) is 
amended— 
(i) by inserting ‘‘, to enhance the in-
formation systems capabilities to improve 
the tracking of pesticide registration deci-
sions,’’ after ‘‘paragraph (3)’’ each place it 
appears; and 
(ii) in clause (i)— 
(I) by inserting ‘‘offset’’ before 
‘‘the costs of reregistration’’; and 
(II) by striking ‘‘in the same por-
tion as appropriated funds’’. 
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490 
(B) EXPEDITED PROCESSING OF SIMILAR 
APPLICATIONS.—Section 4(k)(3)(A) of the Fed-
eral Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a–1(k)(3)(A)) is amended— 
(i) in the matter preceding clause (i), 
by striking ‘‘2008 through 2012, between 
1/8 and 1/7’’ and inserting ‘‘2013 through 
2017, between 1/9 and 1/8’’; and 
(ii) in clause (i), by striking ‘‘new’’. 
(C) ENHANCEMENTS
OF
INFORMATION 
TECHNOLOGY SYSTEMS FOR IMPROVEMENT IN 
REVIEW OF PESTICIDE APPLICATIONS.—Section 
4(k) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a–1(k)) is 
amended— 
(i) by redesignating paragraphs (4) 
and (5) as paragraphs (5) and (6), respec-
tively; 
(ii) by inserting after paragraph (3) 
the following new paragraph: 
‘‘(4) ENHANCEMENTS OF INFORMATION TECH-
NOLOGY SYSTEMS FOR IMPROVEMENT IN REVIEW OF 
PESTICIDE APPLICATIONS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2013 through 2017, the Administrator 
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491 
shall use not more than $800,000 of the 
amounts made available to the Administrator in 
the Reregistration and Expedited Processing 
Fund for the activities described in subpara-
graph (B). 
‘‘(B) 
ACTIVITIES.—The 
Administrator 
shall use amounts made available from such 
Fund to improve the information systems capa-
bilities for the Office of Pesticide Programs to 
enhance tracking of pesticide registration deci-
sions, which shall include— 
‘‘(i) the electronic tracking of— 
‘‘(I) 
registration 
submissions; 
and 
‘‘(II) the status of conditional 
registrations; 
‘‘(ii) enhancing the database for infor-
mation regarding endangered species as-
sessments for registration review; 
‘‘(iii) implementing the capability to 
electronically review labels submitted with 
registration actions; and 
‘‘(iv) acquiring and implementing the 
capability to electronically assess and 
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492 
evaluate confidential statements of formula 
submitted with registration actions.’’; and 
(iii) in the first sentence of paragraph 
(6) (as redesignated by clause (i)), by 
striking ‘‘to carry out the goals established 
under subsection (l)’’ and inserting ‘‘for 
the purposes described in paragraphs (2), 
(3), and (4) and to carry out the goals es-
tablished under subsection (l)’’. 
(b) PESTICIDE REGISTRATION SERVICE FEES.— 
(1) AMOUNT OF FEES.—Section 33(b) of the 
Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136w–8(b)) is amended— 
(A) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘Pesticide Registration Improvement Re-
newal Act’’ and inserting ‘‘Federal Agri-
culture Reform and Risk Management Act 
of 2012’’; and 
(ii) in subparagraph (B), by striking 
‘‘S10409’’ and all that follows through the 
period and inserting ‘‘Slll through 
Slll, dated lll.’’; 
(B) in paragraph (6)— 
(i) in subparagraph (A)— 
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495 
(5) DECISION TIME REVIEW PERIODS.—Section 
33(f) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136w–8(f)) is amended— 
(A) in paragraph (1), by striking ‘‘Pes-
ticide Registration Improvement Renewal Act’’ 
and inserting ‘‘Federal Agriculture Reform and 
Risk Management Act of 2012’’; 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘S10409’’ and all that follows through the pe-
riod and inserting ‘‘Sll through Slll, 
dated lll.’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (A), by inserting 
‘‘and fee’’ before the period; and 
(ii) in subparagraph (B)— 
(I) in the heading, by striking 
‘‘COMPLETENESS
OF
APPLICATION’’ 
and inserting ‘‘INITIAL CONTENT AND 
PRELIMINARY
TECHNICAL 
SCREENINGS’’; 
(II) in clause (i)— 
(aa) by striking ‘‘Not later’’ 
and inserting the following: 
‘‘(I) Not later’’. 
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496 
(bb) by adding at the end 
the following new subclause: 
‘‘(II) After conducting the initial 
content screening described in sub-
clause (I) and in accordance with 
clause (iv), the Administrator shall 
conduct 
a 
preliminary 
technical 
screening— 
‘‘(aa) not later than 45 days 
after the date on which the deci-
sion time review period begins 
(for applications with decision 
time review periods of not more 
than 180 days); and 
‘‘(bb) not later than 90 days 
after the date on which the deci-
sion time review period begins 
(for applications with decision 
time review periods greater than 
180 days).’’; 
(III) in clause (ii) by striking 
‘‘under clause (i)’’ and all that follows 
through the period and inserting ‘‘at 
any time before the Administrator 
completes the preliminary technical 
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497 
screening under clause (i)(II) that the 
application failed the initial content or 
preliminary technical screening and 
the applicant does not correct such 
failure before the date that is 10 busi-
ness days after the applicant receives 
a notification of the failure, the Ad-
ministrator shall reject the applica-
tion. The Administrator shall make 
every effort to provide a written noti-
fication of such rejection during the 
10-day period that begins on the date 
the Administrator completes the pre-
liminary technical screening.’’; 
(IV) in clause (iii)— 
(aa) in the heading, by in-
serting ‘‘INITIAL
CONTENT’’ be-
fore ‘‘SCREENING’’ ; 
(bb) in the matter preceding 
subclause (I), by inserting ‘‘con-
tent’’ after ‘‘initial’’; and 
(cc) in subclause (II), by 
striking ‘‘contains’’ and inserting 
‘‘appears to contain’’; and 
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498 
(V) by adding at the end the fol-
lowing new clause: 
‘‘(iv) REQUIREMENTS
OF
PRELIMI-
NARY
TECHNICAL
SCREENING.—In con-
ducting a preliminary technical screening 
of an application, the Administrator shall 
determine if— 
‘‘(I) the application and the data 
and information submitted with such 
application are accurate and complete; 
and 
‘‘(II) the application, data, and 
information are consistent with the 
proposed labeling and any proposal 
for a tolerance or exemption from the 
requirement for a tolerance under sec-
tion 408 of the Federal Food, Drug, 
and Cosmetic Act, and are such that, 
subject to full review under the stand-
ards of this Act, could result in the 
granting of the application.’’. 
(6) REPORTS.—Section 33(k) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136w–8(k)) is amended— 
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499 
(A) in paragraph (1), by striking ‘‘March 
1, 2014’’ and inserting ‘‘March 1, 2017’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in clause (vi), by striking 
‘‘and’’ at the end; 
(II) in clause (vii), by inserting 
‘‘and’’ at the end; and 
(III) by adding at the end the 
following new clause: 
‘‘(viii) the number of extensions of de-
cision time review periods agreed to under 
subsection (f)(5) along with a description 
of the reason that the Administrator was 
unable to make a decision within the initial 
decision time review period;’’; 
(ii) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (F), by striking 
the period and inserting a semicolon; and 
(iv) by adding at the end the following 
new subparagraph: 
‘‘(G) a review of the progress made to-
ward— 
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500 
‘‘(i) carrying out section 4(k)(4) and 
the amounts from the Reregistration and 
Expedited Processing Fund used for the 
purposes described in such section; 
‘‘(ii) implementing systems for the 
electronic tracking of registration submis-
sions by December 31, 2013; 
‘‘(iii) implementing a system for 
tracking the status of conditional registra-
tions, including making non-confidential 
information related to such conditional reg-
istrations publicly available by December 
31, 2013; 
‘‘(iv) implementing enhancements to 
the endangered species knowledge data-
base, including making non-confidential in-
formation related to such database publicly 
available; 
‘‘(v) implementing the capability to 
electronically submit and review labels sub-
mitted with registration actions; 
‘‘(vi) acquiring and implementing the 
capability to electronically assess and 
evaluate confidential statements of formula 
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501 
submitted with registration actions by De-
cember 31, 2014; and 
‘‘ (vii) facilitating public participation 
in certain registration actions and the reg-
istration review process by providing elec-
tronic notification to interested parties of 
additions to the public docket; 
‘‘(H) the number of applications rejected 
by the Administrator under the initial content 
and preliminary technical screening conducted 
under subsection (f)(4); 
‘‘(I) a review of the progress made in up-
dating the Pesticide Incident Data System, in-
cluding progress toward making the information 
contained in such System available to the public 
(as the Administrator determines is appro-
priate); and 
‘‘(J) an assessment of the public avail-
ability of summary pesticide usage data.’’. 
(7) TERMINATION
OF
EFFECTIVENESS.—Sec-
tion 33(m) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136w–8(m)) is 
amended— 
(A) in paragraph (1), by striking ‘‘2012’’ 
and inserting ‘‘2017’’; and 
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502 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the heading, by striking 
‘‘2013’’ and inserting ‘‘2018’’; 
(II) by striking ‘‘2013,’’ and in-
serting ‘‘2018,’’; and 
(III) by striking ‘‘September 30, 
2012’’ and inserting ‘‘September 30, 
2017’’; 
(ii) in subparagraph (B)— 
(I) in the heading by striking 
‘‘2014’’ and inserting ‘‘2019’’; 
(II) by striking ‘‘2014,’’ and in-
serting ‘‘2019,’’; and 
(III) by striking ‘‘September 30, 
2012’’ and inserting ‘‘September 30, 
2017’’; 
(iii) in subparagraph (C)— 
(I) in the heading by striking 
‘‘2014’’ and inserting ‘‘2019’’; and 
(II) by striking ‘‘September 30, 
2014’’ and inserting ‘‘September 30, 
2019’’; and 
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503 
(iv) in subparagraph (D), by striking 
‘‘2012’’ each place it appears and inserting 
‘‘2017’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 
1, 2012. 
SEC. 10016. MODIFICATION, CANCELLATION, OR SUSPEN-
SION ON BASIS OF A BIOLOGICAL OPINION. 
(a) IN GENERAL.—Except in the case of a voluntary 
request from a pesticide registrant to amend a registration 
under section 3 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a), a registration of a pes-
ticide may be modified, canceled, or suspended on the 
basis of the implementation of a Biological Opinion issued 
by the National Marine Fisheries Service or the United 
States Fish and Wildlife Service prior to the date of com-
pletion of the study referred to in subsection (b), or Janu-
ary 1, 2014, whichever is earlier, only if— 
(1) the modification, cancellation, or suspension 
is undertaken pursuant to section 6 of such Act (7 
U.S.C. 136d); and 
(2) the Biological Opinion complies with the 
recommendations contained in the study referred to 
in subsection (b). 
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504 
(b) NATIONAL ACADEMY OF SCIENCES STUDY.—The 
study commissioned by the Administrator of the Environ-
mental Protection Agency on March 10, 2011, shall in-
clude, at a minimum, each of the following: 
(1) A formal, independent, and external peer 
review, consistent with Office of Management and 
Budget policies, of each Biological Opinion described 
in subsection (a). 
(2) Assessment of economic impacts of meas-
ures or alternatives recommended in each such Bio-
logical Opinion. 
(3) An examination of the specific scientific and 
procedural questions and issues pertaining to eco-
nomic feasibility contained in the June 23, 2011 let-
ter sent to the Administrator (and other Federal of-
ficials) by the Chairmen of the Committee on Agri-
culture, the Committee on Natural Resources, and 
the Subcommittee on Interior, Environment, and 
Related Agencies of the Committee on Appropria-
tions, of the House of Representatives. 
SEC. 10017. USE AND DISCHARGES OF AUTHORIZED PES-
TICIDES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Reducing Regulatory Burdens Act of 2012’’. 
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(b) USE OF AUTHORIZED PESTICIDES.—Section 3(f) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(f)) is amended by adding at the end the 
following: 
‘‘(5) USE
OF
AUTHORIZED
PESTICIDES.—Ex-
cept as provided in section 402(s) of the Federal 
Water Pollution Control Act, the Administrator or a 
State may not require a permit under such Act for 
a discharge from a point source into navigable 
waters of a pesticide authorized for sale, distribu-
tion, or use under this Act, or the residue of such 
a pesticide, resulting from the application of such 
pesticide.’’. 
(c) DISCHARGES OF PESTICIDES.—Section 402 of 
the Federal Water Pollution Control Act (33 U.S.C. 1342) 
is amended by adding at the end the following: 
‘‘(s) DISCHARGES OF PESTICIDES.— 
‘‘(1) NO
PERMIT
REQUIREMENT.—Except as 
provided in paragraph (2), a permit shall not be re-
quired by the Administrator or a State under this 
Act for a discharge from a point source into navi-
gable waters of a pesticide authorized for sale, dis-
tribution, or use under the Federal Insecticide, Fun-
gicide, and Rodenticide Act, or the residue of such 
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a pesticide, resulting from the application of such 
pesticide. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following discharges of a pesticide or 
pesticide residue: 
‘‘(A) A discharge resulting from the appli-
cation of a pesticide in violation of a provision 
of the Federal Insecticide, Fungicide, and 
Rodenticide Act that is relevant to protecting 
water quality, if— 
‘‘(i) the discharge would not have oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
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charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
SEC. 10018. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title take 
effect on October 1, 2012. 
(b) EXCEPTIONS.—The following provisions of this 
title shall take effect on the date of the enactment of this 
Act: 
(1) Section 10008. 
(2) Section 10009. 
TITLE XI—CROP INSURANCE 
SEC. 11001. INFORMATION SHARING. 
Section 502(c) of the Federal Crop Insurance Act (7 
U.S.C. 1502(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(4) INFORMATION.— 
‘‘(A) REQUEST.—Subject to subparagraph 
(B), the Farm Service Agency shall, in a timely 
manner, provide to an agent or an approved in-
surance provider authorized by the producer 
any information (including Farm Service Agen-
cy Form 578s (or any successor form) or maps 
(or any corrections to those forms or maps) 
that may assist the agent or approved insurance 
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508 
provider in insuring the producer under a policy 
or plan of insurance under this subtitle. 
‘‘(B) PRIVACY.—Except as provided in 
subparagraph (C), an agent or approved insur-
ance provider that receives the information of a 
producer pursuant to subparagraph (A) shall 
treat the information in accordance with para-
graph (1). 
‘‘(C) SHARING.—Nothing in this section 
prohibits the sharing of the information of a 
producer pursuant to subparagraph (A) be-
tween the agent and the approved insurance 
provider of the producer.’’. 
SEC. 11002. PUBLICATION OF INFORMATION ON VIOLA-
TIONS OF PROHIBITION ON PREMIUM AD-
JUSTMENTS. 
Section 508(a)(9) of the Federal Crop Insurance Act 
(7 U.S.C. 1508(a)(9)) is amended by adding at the end 
the following new subparagraph: 
‘‘(C) PUBLICATION OF VIOLATIONS.— 
‘‘(i) PUBLICATION
REQUIRED.—Sub-
ject to clause (ii), the Corporation shall 
publish in a timely manner on the website 
of the Risk Management Agency informa-
tion regarding each violation of this para-
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509 
graph, including any sanctions imposed in 
response to the violation, in sufficient de-
tail so that the information may serve as 
effective guidance to approved insurance 
providers, agents, and producers. 
‘‘(ii) PROTECTION
OF
PRIVACY.—In 
providing information under clause (i) re-
garding violations of this paragraph, the 
Corporation shall redact the identity of the 
persons and entities committing the viola-
tions in order to protect their privacy.’’. 
SEC. 11003. SUPPLEMENTAL COVERAGE OPTION. 
(a) AVAILABILITY
OF SUPPLEMENTAL COVERAGE 
OPTION.—Paragraph (3) of section 508(c) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(c)) is amended to read 
as follows: 
‘‘(3) YIELD AND LOSS BASIS OPTIONS.—A pro-
ducer shall have the option of purchasing additional 
coverage based on— 
‘‘(A)(i) an individual yield and loss basis; 
or 
‘‘(ii) an area yield and loss basis; 
‘‘(B) an individual yield and loss basis, 
supplemented with coverage based on an area 
yield and loss basis to cover a part of the de-
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510 
ductible under the individual yield and loss pol-
icy, as described in paragraph (4)(C); or 
‘‘(C) a margin basis alone or in combina-
tion with the coverages available in subpara-
graph (A) or (B).’’. 
(b) LEVEL OF COVERAGE.—Paragraph (4) of section 
508(c) of the Federal Crop Insurance Act (7 U.S.C. 
1508(c)) is amended to read as follows: 
‘‘(4) LEVEL OF COVERAGE.— 
‘‘(A) DOLLAR
DENOMINATION
AND
PER-
CENTAGE
OF
YIELD.—Except as provided in 
subparagraph (C), the level of coverage— 
‘‘(i) shall be dollar denominated; and 
‘‘(ii) may be purchased at any level 
not to exceed 85 percent of the individual 
yield or 95 percent of the area yield (as de-
termined by the Corporation). 
‘‘(B) 
INFORMATION.—The 
Corporation 
shall provide producers with information on cat-
astrophic risk and additional coverage in terms 
of dollar coverage (within the allowable limits of 
coverage provided in this paragraph). 
‘‘(C) 
SUPPLEMENTAL
COVERAGE
OP-
TION.— 
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511 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), in the case of the sup-
plemental coverage option described in 
paragraph (3)(B), the Corporation shall 
offer producers the opportunity to pur-
chase coverage in combination with a pol-
icy or plan of insurance offered under this 
subtitle that would allow indemnities to be 
paid to a producer equal to a part of the 
deductible under the policy or plan of in-
surance— 
‘‘(I) at a county-wide level to the 
fullest extent practicable; or 
‘‘(II) in counties that lack suffi-
cient data, on the basis of such larger 
geographical area as the Corporation 
determines to provide sufficient data 
for purposes of providing the cov-
erage. 
‘‘(ii) 
TRIGGER.—Coverage 
offered 
under paragraph (3)(B) and clause (i) 
shall be triggered only if the losses in the 
area exceed 10 percent of normal levels (as 
determined by the Corporation). 
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512 
‘‘(iii) COVERAGE.—Subject to the trig-
ger described in clause (ii), coverage of-
fered under paragraph (3)(B) and clause 
(i) shall not exceed the difference be-
tween— 
‘‘(I) 90 percent; and 
‘‘(II) the coverage level selected 
by the producer for the underlying 
policy or plan of insurance. 
‘‘(iv) 
INELIGIBLE
CROPS
AND 
ACRES.—Crops for which the producer has 
elected under section 1107(c)(1) of the 
Federal Agriculture Reform and Risk 
Management Act of 2012 to receive rev-
enue loss coverage and acres that are en-
rolled in the stacked income protection 
plan under section 508B shall not be eligi-
ble for supplemental coverage under this 
subparagraph. 
‘‘(v) CALCULATION
OF
PREMIUM.— 
Notwithstanding subsection (d), the pre-
mium for coverage offered under para-
graph (3)(B) and clause (i) shall— 
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513 
‘‘(I) be sufficient to cover antici-
pated losses and a reasonable reserve; 
and 
‘‘(II) include an amount for oper-
ating and administrative expenses es-
tablished in accordance with sub-
section (k)(4)(F).’’. 
(c) PAYMENT OF PORTION OF PREMIUM BY COR-
PORATION.—Section 508(e)(2) of the Federal Crop Insur-
ance Act (7 U.S.C. 1508(e)(2)) is amended by adding at 
the end the following new subparagraph: 
‘‘(H) In the case of the supplemental cov-
erage option authorized in subsection (c)(4)(C), 
the amount shall be equal to the sum of— 
‘‘(i) 70 percent of the additional pre-
mium associated with the coverage; and 
‘‘(ii) the amount determined under 
subsection (c)(4)(C)(vi)(II), subject to sub-
section (k)(4)(F), for the coverage to cover 
operating and administrative expenses.’’. 
(d) EFFECTIVE DATE.—The Federal Crop Insurance 
Corporation shall begin to provide additional coverage 
based on an individual yield and loss basis, supplemented 
with coverage based on an area yield and loss basis, not 
later than for the 2013 crop year. 
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514 
SEC. 11004. PREMIUM AMOUNTS FOR CATASTROPHIC RISK 
PROTECTION. 
Subparagraph (A) of section 508(d)(2) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended to 
read as follows: 
‘‘(A) In the case of catastrophic risk pro-
tection, the amount of the premium established 
by the Corporation for each crop for which cat-
astrophic risk protection is available shall be re-
duced by the percentage equal to the difference 
between the average loss ratio for the crop and 
100 percent, plus a reasonable reserve.’’. 
SEC. 11005. REPEAL OF PREFORMANCE-BASED DISCOUNT. 
(a) REPEAL.—Section 508(d) of the Federal Crop In-
surance Act (7 U.S.C. 1508(d)) is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraph (4) as para-
graph (3). 
(b) 
CONFORMING
AMENDMENT.—Section 
508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 
1508(a)(9)(B)) is amended— 
(1) by inserting ‘‘or’’ at the end of clause (i); 
(2) by striking clause (ii); and 
(3) by redesignating clause (iii) as clause (ii). 
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515 
SEC. 11006. PERMANENT ENTERPRISE UNIT SUBSIDY. 
Subparagraph (A) of section 508(e)(5) of the Federal 
Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended to 
read as follows: 
‘‘(A) IN GENERAL.—The Corporation may 
pay a portion of the premiums for plans or poli-
cies of insurance for which the insurable unit is 
defined on a whole farm or enterprise unit basis 
that is higher than would otherwise be paid in 
accordance with paragraph (2).’’. 
SEC. 11007. ENTERPRISE UNITS FOR IRRIGATED AND NON-
IRRIGATED CROPS. 
Section 508(e)(5) of the Federal Crop Insurance Act 
(7 U.S.C. 1508(e)(5)) is amended by adding at the end 
the following new subparagraph: 
‘‘(D) NONIRRIGATED
CROPS.—Beginning 
with the 2013 crop year, the Corporation shall 
make available separate enterprise units for ir-
rigated and nonirrigated acreage of crops in 
counties.’’. 
SEC. 11008. DATA COLLECTION. 
Section 508(g)(2) of the Federal Crop Insurance Act 
(7 U.S.C. 1508(g)(2)) is amended by adding at the end 
the following new subparagraph: 
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516 
‘‘(E) SOURCES OF YIELD DATA.—To deter-
mine yields under this paragraph, the Corpora-
tion— 
‘‘(i) shall use county data collected by 
the Risk Management Agency or the Na-
tional Agricultural Statistics Service, or 
both; or 
‘‘(ii) if sufficient county data is not 
available, may use other data considered 
appropriate by the Secretary.’’. 
SEC. 11009. ADJUSTMENT IN ACTUAL PRODUCTION HIS-
TORY TO ESTABLISH INSURABLE YIELDS. 
Section 508(g)(4)(B) of the Federal Crop Insurance 
Act (7 U.S.C. 1508(g)(4)(B)) is amended by striking 
‘‘60’’ each place it appears and inserting ‘‘70’’. 
SEC. 11010. SUBMISSION AND REVIEW OF POLICIES. 
Section 508(h) of the Federal Crop Insurance Act (7 
U.S.C. 1508(h)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
indenting appropriately; 
(B) by striking ‘‘(1) IN GENERAL.—In ad-
dition’’ and inserting the following: 
‘‘(1) AUTHORITY TO SUBMIT.— 
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517 
‘‘(A) IN GENERAL.—In addition’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) REVIEW AND SUBMISSION BY COR-
PORATION.—The Corporation shall review any 
policy developed under section 522(c) or any 
pilot program developed under section 523 and 
submit the policy or program to the Board 
under this subsection if the Corporation, at the 
sole discretion of the Corporation, finds that 
the policy or program— 
‘‘(i) will likely result in a viable and 
marketable policy consistent with this sub-
section; 
‘‘(ii) would provide crop insurance 
coverage in a significantly improved form; 
and 
‘‘(iii) adequately protects the interests 
of producers.’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘A policy’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—A policy’’; and 
(B) by adding at the end the following new 
subparagraph: 
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518 
‘‘(B) SPECIFIED REVIEW AND APPROVAL 
PRIORITIES.—In reviewing policies and other 
materials submitted to the Board under this 
subsection for approval, the Board— 
‘‘(i) shall make the development and 
approval of a revenue policy for peanut 
producers a priority so that a revenue pol-
icy is available to peanut producers in time 
for the 2013 crop year; 
‘‘(ii) shall make the development and 
approval of a downed rice policy and mar-
gin coverage policy for rice producers a 
priority so that each policy is available to 
rice producers in time for the 2013 crop 
year; and 
‘‘(iii) may approve a submission that 
is made pursuant to this subsection that 
would, beginning with the 2013 crop year, 
allow producers that purchase policies in 
accordance with subsection (e)(5)(A) to 
separate enterprise units by risk rating for 
acreage of crops in counties..’’. 
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519 
SEC. 11011. EQUITABLE RELIEF FOR SPECIALTY CROP PRO-
DUCERS. 
Section 508(k)(8)(E) of the Federal Crop Insurance 
Act of 1938 (7 U.S.C. 1508(k)(8)(E)) is amended by add-
ing at the end the following new clause: 
‘‘(iii) EQUITABLE
RELIEF
FOR
SPE-
CIALTY CROP PRODUCERS.— 
‘‘(I) IN GENERAL.—For each of 
the 2011 through 2015 reinsurance 
years, in addition to the total amount 
of funding for reimbursement of ad-
ministrative and operating costs that 
is otherwise required to be made avail-
able in each such reinsurance year 
pursuant to an agreement entered 
into by the Corporation, the Corpora-
tion shall use $41,000,000 to provide 
additional reimbursement with respect 
to eligible insurance contracts for any 
agricultural commodity that is not eli-
gible for a benefit under subtitles A, 
B or C of title I of the Federal Agri-
culture Reform and Risk Management 
Act of 2012. 
‘‘(II) 
TREATMENT.—Additional 
reimbursements 
made 
under 
this 
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