H. R. 4217—22
insurance fund established under subsection (c), the
administrative and operating expenses of an approved
insurance provider, including expenses covered by sub-
section (a)(1)(B).
‘‘(B) SALES COMMISSIONS FOR 1997 REINSURANCE YEAR.—
In the case of the 1997 reinsurance year, the amount
of the payments from the insurance fund established under
subsection (c) for the expenses of the Corporation for the
sales commissions of agents may not exceed 8.5 percent
of the total amount of premiums paid for additional cov-
erage for the 1997 reinsurance year.
‘‘(2) OTHER EXPENSES.—The Corporation is authorized to
pay from the insurance fund established under subsection (c)—
‘‘(A) all other expenses of the Corporation (other than
expenses covered by subsection (a)(1)), including all pre-
mium subsidies, noninsured assistance benefits, and
indemnities;
‘‘(B) subject to paragraph (1)(B), in the case of each
of the 1995 through 1997 reinsurance years, all administra-
tive and expense reimbursements due under a reinsurance
agreement with an approved insurance provider; and
‘‘(C) to the extent necessary, expenses incurred by the
Corporation to carry out research and development.
‘‘(c) INSURANCE FUND.—
‘‘(1) IN GENERAL.—There is established an insurance fund,
for the deposit of premium income and amounts made available
under subsection (a)(2), to be available without fiscal year
limitation.
‘‘(2) COMMODITY CREDIT CORPORATION FUNDS.—If at any
time the amounts in the insurance fund are insufficient to
enable the Corporation to carry out subsection (b), to the extent
the funds of the Commodity Credit Corporation are available—
‘‘(A) the Corporation may request the Secretary to use
the funds of the Commodity Credit Corporation to carry
out subsection (b); and
‘‘(B) the Secretary may use the funds of the Commodity
Credit Corporation to carry out subsection (b).’’.
SEC. 111. NONINSURED CROP DISASTER ASSISTANCE.
Section 519 (7 U.S.C. 1519) is amended to read as follows:
‘‘SEC. 519. NONINSURED CROP DISASTER ASSISTANCE PROGRAM.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) ESTABLISHMENT.—In the case of an eligible crop
described in paragraph (2), the Corporation shall establish a
noninsured crop disaster assistance program to provide cov-
erage equivalent to the catastrophic risk protection otherwise
available under section 508(b).
‘‘(2) ELIGIBLE CROPS.—
‘‘(A) IN GENERAL.—As used in this section, the term
‘eligible crop’ means each commercial crop or other agricul-
tural commodity (except livestock)—
‘‘(i) for which catastrophic risk protection under
section 508(b) is not available; and
‘‘(ii) that is produced for food or fiber.
‘‘(B) CROPS SPECIFICALLY INCLUDED.—The term ‘eligible
crop’ shall include floricultural, ornamental nursery, and
Christmas tree crops, turfgrass sod, and industrial crops.
H. R. 4217—23
‘‘(3) CAUSE OF LOSS.—To qualify for assistance under this
section, the losses of the noninsured commodity shall be due
to drought, flood, or other natural disaster, as determined by
the Secretary.
‘‘(b) 
APPLICATION
FOR
NONINSURED
CROP
DISASTER
ASSISTANCE.—
‘‘(1) TIMELY
APPLICATION.—To be eligible for assistance
under this section, a producer shall submit an application for
noninsured crop disaster assistance at a local office of the
Department. The application shall be in such form, contain
such information, and be submitted at such time as the Cor-
poration may require.
‘‘(2) RECORDS.—A producer shall annually provide records,
as required by the Corporation, of previous crop acreage, acre-
age yields, and production, or the producer shall accept a yield
under subsection (e)(3) determined by the Corporation.
‘‘(3) ACREAGE REPORTS.—A producer shall provide reports
on acreage planted or prevented from being planted, as required
by the Corporation, by the designated acreage reporting date
for the crop and location as established by the Corporation.
‘‘(c) LOSS REQUIREMENTS.—
‘‘(1) REQUIRED AREA LOSS.—A producer of an eligible crop
shall not receive noninsured crop disaster assistance unless
the average yield for that crop, or an equivalent measure in
the event yield data are not available, in an area falls below
65 percent of the expected area yield, as established by the
Corporation.
‘‘(2) PREVENTED PLANTING.—Subject to paragraph (1), the
Corporation shall make a prevented planting noninsured crop
disaster assistance payment if the producer is prevented from
planting more than 35 percent of the acreage intended for
the eligible crop because of drought, flood, or other natural
disaster, as determined by the Secretary.
‘‘(3) REDUCED YIELDS.—Subject to paragraph (1), the Cor-
poration shall make a reduced yield noninsured crop disaster
assistance payment to a producer if the total quantity of the
eligible crop that the producer is able to harvest on any farm
is, because of drought, flood, or other natural disaster as deter-
mined by the Secretary, less than 50 percent of the expected
individual yield for the crop, as determined by the Corporation,
factored for the interest of the producer for the crop.
‘‘(d) PAYMENT.—The Corporation shall make available to a pro-
ducer eligible for noninsured assistance under this section a
payment computed by multiplying—
‘‘(1) the quantity that is less than 50 percent of the estab-
lished yield for the crop; by
‘‘(2)(A) in the case of each of the 1995 through 1998 crop
years, 60 percent of the average market price for the crop
(or any comparable coverage determined by the Corporation);
or
‘‘(B) in the case of each of the 1999 and subsequent crop
years, 55 percent of the average market price for the crop
(or any comparable coverage determined by the Corporation);
by
‘‘(3) a payment rate for the type of crop (as determined
by the Corporation) that—
H. R. 4217—24
‘‘(A) in the case of a crop that is produced with a
significant and variable harvesting expense, reflects the
decreasing cost incurred in the production cycle for the
crop that is—
‘‘(i) harvested;
‘‘(ii) planted but not harvested; and
‘‘(iii) prevented from being planted because of
drought, flood, or other natural disaster (as determined
by the Secretary); and
‘‘(B) in the case of a crop that is not produced with
a significant and variable harvesting expense, is deter-
mined by the Corporation.
‘‘(e) YIELD DETERMINATIONS.—
‘‘(1) ESTABLISHMENT.—The Corporation shall establish farm
yields for purposes of providing noninsured crop disaster assist-
ance under this section.
‘‘(2) ACTUAL PRODUCTION HISTORY.—The Corporation shall
determine yield coverage using the actual production history
of the producer over a period of not less than the 4 previous
consecutive crop years and not more than 10 consecutive crop
years. Subject to paragraph (3), the yield for the year in which
noninsured crop disaster assistance is sought shall be equal
to the average of the actual production history of the producer
during the period considered.
‘‘(3) ASSIGNMENT OF YIELD.—If a producer does not submit
adequate documentation of production history to determine a
crop yield under paragraph (2), the Corporation shall assign
to the producer a yield equal to not less than 65 percent
of the transitional yield of the producer (adjusted to reflect
actual production reflected in the records acceptable to the
Corporation for continuous years), as specified in regulations
issued by the Corporation based on production history
requirements.
‘‘(4) 
PROHIBITION
ON
ASSIGNED
YIELDS
IN
CERTAIN
COUNTIES.—
‘‘(A) IN GENERAL.—
‘‘(i) DOCUMENTATION.—If sufficient data are avail-
able to demonstrate that the acreage of a crop in
a county for the crop year has increased by more
than 100 percent over any year in the preceding 7
crop years or, if data are not available, if the acreage
of the crop in the county has increased significantly
from the previous crop years, a producer must provide
such detailed documentation of production costs, acres
planted, and yield for the crop year for which benefits
are being claimed as is required by the Corporation.
If the Corporation determines that the documentation
provided is not sufficient, the Corporation may require
documenting proof that the crop, had the crop been
harvested, could have been marketed at a reasonable
price.
‘‘(ii) PROHIBITION.—Except as provided in subpara-
graph (B), a producer who produces a crop on a farm
located in a county described in clause (i) may not
obtain an assigned yield.
‘‘(B) EXCEPTION.—A crop or a producer shall not be
subject to this subsection if—
H. R. 4217—25
‘‘(i) the planted acreage of the producer for the
crop has been inspected by a third party acceptable
to the Secretary; or
‘‘(ii)(I) the County Executive Director and the State
Executive Director recommend an exemption from the
requirement to the Deputy Administrator for State
and County Operations of the Agricultural Stabiliza-
tion and Conservation Service; and
‘‘(II) the Deputy Administrator approves the
recommendation.
‘‘(5) LIMITATION
ON
RECEIPT
OF
SUBSEQUENT
ASSIGNED
YIELD.—A producer who receives an assigned yield for the cur-
rent year of a natural disaster because required production
records were not submitted to the local office of the Department
shall not be eligible for an assigned yield for the year of the
next natural disaster unless the required production records
of the previous 1 or more years (as applicable) are provided
to the local office.
‘‘(6) YIELD VARIATIONS DUE TO DIFFERENT FARMING PRAC-
TICES.—The Corporation shall ensure that noninsured crop
disaster assistance accurately reflects significant yield vari-
ations due to different farming practices, such as between irri-
gated and nonirrigated acreage.
‘‘(f) CONTRACT PAYMENTS.—A producer who has received a
guaranteed payment for production, as opposed to delivery, of a
crop pursuant to a contract shall have the production of the pro-
ducer adjusted upward by the amount of the production equal
to the amount of the contract payment received.
‘‘(g) PAYMENT OF LOSSES.—Payments for noninsured crop disas-
ter assistance losses under this section shall be made from the
insurance fund established under section 516. The losses shall
not be included in calculating the premiums charged to producers
for insurance under section 508.
‘‘(h) EXCLUSIONS.—Noninsured crop disaster assistance under
this section shall not cover losses due to—
‘‘(1) the neglect or malfeasance of the producer;
‘‘(2) the failure of the producer to reseed to the same
crop in those areas and under such circumstances where it
is customary to reseed; or
‘‘(3) the failure of the producer to follow good farming
practices, as determined by the Corporation.’’.
SEC. 112. PAYMENT AND INCOME LIMITATIONS.
Section 519 (7 U.S.C. 1519) (as amended by section 111) is
further amended by adding at the end the following new subsection:
‘‘(h) PAYMENT AND INCOME LIMITATIONS.—
‘‘(1) DEFINITIONS.—As used in this subsection:
‘‘(A) PERSON.—The term ‘person’ has the meaning pro-
vided the term in regulations issued by the Secretary.
The regulations shall conform, to the extent practicable,
to the regulations defining the term ‘person’ issued under
section 1001 of the Food Security Act of 1985 (7 U.S.C.
1308).
‘‘(B) QUALIFYING GROSS REVENUES.—The term ‘qualify-
ing gross revenues’ means—
‘‘(i) if a majority of the gross revenue of the person
is received from farming, ranching, and forestry oper-
H. R. 4217—26
ations, the gross revenue from the farming, ranching,
and forestry operations of the person; and
‘‘(ii) if less than a majority of the gross revenue
of the person is received from farming, ranching, and
forestry operations, the gross revenue of the person
from all sources.
‘‘(2) PAYMENT LIMITATION.—The total amount of payments
that a person shall be entitled to receive annually under this
title may not exceed $100,000.
‘‘(3) LIMITATION ON MULTIPLE BENEFITS FOR SAME LOSS.—
If a producer who is eligible to receive benefits under cata-
strophic risk protection under section 508(b) or noninsured
crop disaster assistance under this section is also eligible to
receive assistance for the same loss under any other program
administered by the Secretary, the producer shall be required
to elect whether to receive benefits under this title or under
the other program, but not both. A producer who purchases
additional coverage under section 508(c) may also receive assist-
ance for the same loss under other programs administered
by the Secretary, except that the amount received for the loss
under the additional coverage together with the amount
received under the other programs may not exceed the amount
of the actual loss of the producer.
‘‘(4) INCOME
LIMITATION.—A person who has qualifying
gross revenues in excess of the amount specified in section
2266(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 1421 note) (as in effect on November 28,
1990) during the taxable year (as determined by the Secretary)
shall not be eligible to receive any noninsured assistance pay-
ment under this section.
‘‘(5) REGULATIONS.—The Secretary shall issue regulations
prescribing such rules as the Secretary determines necessary
to ensure a fair and equitable application of section 1001 of
the Food Security Act of 1985 (7 U.S.C. 1308), the general
payment limitation regulations of the Secretary, and the limita-
tions established under this subsection.’’.
SEC. 113. PRODUCER ELIGIBILITY.
Section 520 (7 U.S.C. 1520) is amended to read as follows:
‘‘SEC. 520. PRODUCER ELIGIBILITY.
‘‘Except as otherwise provided in this title, a producer shall
not be denied insurance under this title if—
‘‘(1) for purposes of catastrophic risk protection coverage,
the producer is a ‘person’ (as defined by the Secretary); and
‘‘(2) for purposes of any other plan of insurance, the pro-
ducer is 18 years of age and has a bona fide insurable interest
in a crop as an owner-operator, landlord, tenant, or share-
cropper.’’.
SEC. 114. INELIGIBILITY FOR CATASTROPHIC RISK AND NONINSURED
ASSISTANCE PAYMENTS.
The Act (7 U.S.C. 1501 et seq.) is amended by adding at
the end the following new section:
H. R. 4217—27
‘‘SEC. 521. INELIGIBILITY 
FOR 
CATASTROPHIC 
RISK 
AND
NONINSURED ASSISTANCE PAYMENTS.
‘‘If the Secretary determines that a person has knowingly
adopted a material scheme or device to obtain catastrophic risk,
additional coverage, or noninsured assistance benefits under this
title to which the person is not entitled, has evaded this title,
or has acted with the purposes of evading this title, the person
shall be ineligible to receive all benefits applicable to the crop
year for which the scheme or device was adopted. The authority
provided by this section shall be in addition to, and shall not
supplant, the authority provided by section 506(n).’’.
SEC. 115. ELIMINATION OF GENDER REFERENCES.
(a) MANAGEMENT
OF CORPORATION.—Section 505 (7 U.S.C.
1505) is amended—
(1) in subsection (a), by striking the third sentence and
inserting ‘‘The Board shall be appointed by, and hold office
at the pleasure of, the Secretary. The Secretary shall not be
a member of the Board.’’; and
(2) in subsection (d)—
(A) by striking ‘‘upon him’’; and
(B) by striking ‘‘He shall be appointed by,’’ and insert-
ing ‘‘The manager shall be appointed by,’’.
(b) PERSONNEL.—Section 507 (7 U.S.C. 1507) is amended—
(1) in subsection (a), by striking ‘‘as he may determine:
Provided, That’’ and inserting ‘‘as the Secretary may determine
appropriate. However,’’; and
(2) in subsection (d), by striking ‘‘as he may request’’ and
inserting ‘‘that the Secretary requests’’.
(c) INDEMNITIES EXEMPT FROM LEVY.—Section 509 (7 U.S.C.
1509) is amended by striking ‘‘or his estate’’ and inserting ‘‘or
the estate of the insured’’.
SEC. 116. PREVENTED PLANTING.
(a) IN GENERAL.—Effective for the 1994 crop year, a producer
described in subsection (b) shall receive compensation under the
prevented planting coverage policy provision described in subsection
(b)(1) by—
(1) obtaining from the Secretary of Agriculture the
applicable amount that is payable under the conserving use
program described in subsection (b)(4); and
(2) 
obtaining 
from 
the 
Federal 
Crop 
Insurance
Corporation the amount that is equal to the difference
between—
(A) the amount that is payable under the conserving
use program; and
(B) the amount that is payable under the prevented
planting coverage policy.
(b) ELIGIBLE PRODUCERS.—Subsection (a) shall apply to a pro-
ducer who—
(1) purchased a prevented planting policy for the 1994
crop year from the Federal Crop Insurance Corporation prior
to the spring sales closing date for the 1994 crop year;
(2) is unable to plant a crop due to major, widespread
flooding in the Midwest, or excessive ground moisture, that
occurred prior to the spring sales closing date for the 1994
crop year;
H. R. 4217—28
(3) had a reasonable expectation of planting a crop on
the prevented planting acreage for the 1994 crop year; and
(4) participates in a conserving use program established
for the 1994 crop of wheat, feed grains, upland cotton, or
rice established under section 107B(c)(1)(E), 105B(c)(1)(E),
103B(c)(1)(D), or 101B(c)(1)(D), respectively, of the Agricultural
Act of 1949 (7 U.S.C. 1445b–3a(c)(1)(E), 1444f(c)(1)(E), 1444–
2(c)(1)(D), or 1441–2(c)(1)(D)).
(c) OILSEED PREVENTED PLANTING PAYMENTS.—
(1) IN GENERAL.—Effective for the 1994 crop year, a pro-
ducer of a crop of oilseeds (as defined in section 205(a) of
the Agricultural Act of 1949 (7 U.S.C. 1446f(a))) shall receive
a prevented planting payment for the crop if the requirements
of paragraphs (1), (2), and (3) of subsection (b) are satisfied.
(2) SOURCE OF PAYMENT.—The total amount of payments
required under this subsection shall be made by the Federal
Crop Insurance Corporation.
(d) PAYMENT.—A payment under this section may not be made
before October 1, 1994.
SEC. 117. REPORT ON IMPROVING DISSEMINATION OF CROP INSUR-
ANCE INFORMATION.
Not later than 180 days after the date of enactment of this
Act and at the end of each of the 2 1-year periods thereafter,
the Federal Crop Insurance Corporation shall submit a report to
Congress containing a plan to implement a sound program for
producer education regarding the crop insurance program and for
the dissemination of crop insurance information to producers, as
required by section 508(a)(5) of the Federal Crop Insurance Act
(as amended by section 106).
SEC. 118. CROP INSURANCE PROVIDER EVALUATION.
(a) IN GENERAL.—The Comptroller General of the United States
and the Federal Crop Insurance Corporation (referred to in this
section as the ‘‘Corporation’’) shall jointly evaluate the financial
arrangement between the Corporation and approved insurance
providers to determine the quality, costs, and efficiencies of provid-
ing the benefits of multiple peril crop insurance to producers of
agricultural commodities covered under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(b) COLLECTION OF INFORMATION AND PROPOSALS.—The Cor-
poration shall require private insurance providers and agents to
supply, and the private insurance providers and agents shall supply,
records and information necessary to make the determinations and
evaluations required under this section. The Corporation shall
solicit from the approved insurance providers and agents proposals
for modifying or altering the requirements, regulations, procedures,
and processes related to implementing the Federal Crop Insurance
Act to reduce the operating and administrative costs of the providers
and agents.
(c) INITIAL REPORT.—Not later than 180 days after receipt
of information and cost-reduction proposals under subsection (b),
the Corporation shall evaluate the information and proposals
obtained and report the results of the evaluation to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
(d) FINAL REPORT.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General and the Corporation
H. R. 4217—29
shall submit a final report that provides the evaluation required
under subsection (a) to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate. In making the evaluation, the Comptrol-
ler General and the Corporation shall—
(1) consider the changes made by the Corporation in
response to increased program participation resulting from the
enactment of this Act;
(2) include an evaluation and opinion of the accuracy and
reasonableness of—
(A) the average actual costs for approved insurance
providers to deliver multiple peril crop insurance;
(B) the cost per policy of complying with the require-
ments, regulations, procedures, and processes of the Fed-
eral Crop Insurance Act;
(C) the cost differences for various provider firm sizes
and any business delivered by the Federal Government;
(D) the adequacy of the standard reimbursement for
potential new providers; and
(E) the identification of any new costs related to the
enactment of this Act not previously identified in the
information reported by the providers;
(3) compare delivery costs of multiple peril crop insurance
to other insurance coverages that the provider may sell and
determine the extent, if any, to which any funds provided
to carry out the Federal Crop Insurance Act are being used
to fund any other business enterprise operated by the provider;
(4)(A) assess alternative methods for reimbursing providers
for reasonable and necessary expenses associated with delivery
of multiple peril crop insurance;
(B) recommend changes under this paragraph that reason-
ably demonstrate the need to achieve the greatest operating
efficiencies on the part of the provider and the Corporation
has been recognized; and
(C) identify areas for improved operating efficiencies, if
any, in the requirements made by the Corporation for compli-
ance and program integrity;
(5) assess the potential for alternative forms of reinsurance
arrangements for providers of different firm sizes, taking into
consideration—
(A) the need to achieve a reasonable return on the
capital of the provider compared to other lines of insurance;
(B) the relative risk borne by the provider for the
different lines of insurance;
(C) the availability and price of commercial reinsur-
ance; and
(D) any additional costs that may be incurred by the
Federal Government in carrying out the Federal Crop
Insurance Act; and
(6) include an analysis of the effect of the current or pro-
posed reinsurance arrangements on providers having different
business levels.
(e) INFORMATION.—
(1) PRIVACY.—In conducting the evaluation required by
this section, the Comptroller General and the Corporation shall
maintain the privacy of proprietary information.
H. R. 4217—30
(2) SUBPOENAS.—The Comptroller General shall have the
power to subpoena information relevant to the evaluation
required by this section from any private insurance provider.
The Comptroller General shall allow the Corporation access
to the information subpoenaed taking into consideration the
necessity of preserving the privacy of proprietary information.
SEC. 119. CONFORMING AMENDMENTS.
(a) PRICE SUPPORT PROGRAMS.—
(1) IN GENERAL.—Title IV of the Agricultural Act of 1949
(7 U.S.C. 1421 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 427. CROP INSURANCE REQUIREMENT.
‘‘As a condition of receiving any benefit (including payments)
under title I or II for each of the 1995 and subsequent crops
of tobacco, rice, extra long staple cotton, upland cotton, feed grains,
wheat, peanuts, oilseeds, and sugar, a producer must obtain at
least catastrophic risk protection insurance coverage under section
508 of the Federal Crop Insurance Act (7 U.S.C. 1508) for the
crop and crop year for which the benefit is sought, if the coverage
is offered by the Corporation.’’.
(2) RICE.—Section 101B(c) of such Act (7 U.S.C. 1441–
2(c)) is amended—
(A) in paragraph (1), by striking subparagraph (F);
and
(B) by striking paragraph (2) and inserting the follow-
ing new paragraph:
‘‘(2) CROP
INSURANCE
REQUIREMENT.—A producer shall
obtain catastrophic risk protection insurance coverage in accord-
ance with section 427.’’.
(3) UPLAND COTTON.—Section 103B(c) of such Act (7 U.S.C.
1444–2(c)) is amended—
(A) in paragraph (1), by striking subparagraph (F);
and
(B) by striking paragraph (2) and inserting the follow-
ing new paragraph:
‘‘(2) CROP
INSURANCE
REQUIREMENT.—A producer shall
obtain catastrophic risk protection insurance coverage in accord-
ance with section 427.’’.
(4) FEED GRAINS.—Section 105B(c) of such Act (7 U.S.C.
1444f(c)) is amended—
(A) in paragraph (1), by striking subparagraph (G);
and
(B) by striking paragraph (2) and inserting the follow-
ing new paragraph:
‘‘(2) CROP
INSURANCE
REQUIREMENT.—A producer shall
obtain catastrophic risk protection insurance coverage in accord-
ance with section 427.’’.
(5) WHEAT.—Section 107B(c) of such Act (7 U.S.C. 1445b–
3a(c)) is amended—
(A) in paragraph (1), by striking subparagraph (G);
and
(B) by striking paragraph (2) and inserting the follow-
ing new paragraph:
‘‘(2) CROP
INSURANCE
REQUIREMENT.—A producer shall
obtain catastrophic risk protection insurance coverage in accord-
ance with section 427.’’.
H. R. 4217—31
(6) DISASTER PAYMENTS.—Section 208 of such Act (7 U.S.C.
1446i) is repealed.
(b) FARMERS HOME ADMINISTRATION PROGRAMS.—The Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 371. CROP INSURANCE REQUIREMENT.
‘‘(a) IN GENERAL.—As a condition of obtaining any benefit
(including a direct loan, loan guarantee, or payment) described
in subsection (b), a borrower must obtain at least catastrophic
risk protection insurance coverage under section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) for the crop and crop year
for which the benefit is sought, if the coverage is offered by the
Corporation.
‘‘(b) APPLICABLE BENEFITS.—Subsection (a) shall apply to—
‘‘(1) a farm ownership loan (FO) under section 303;
‘‘(2) an operating loan (OL) under section 312; and
‘‘(3) an emergency loan (EM) under section 321.’’.
(c) DISASTER ASSISTANCE.—Subtitle B of title XXII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421
note) is amended by striking chapter 3.
(d) EMERGENCY APPROPRIATIONS.—
(1) IN
GENERAL.—Effective January 1, 1995, section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)) is amended by
adding at the end the following new sentence: ‘‘This subpara-
graph shall not apply to appropriations to cover agricultural
crop disaster assistance.’’.
(2) EMERGENCY LEGISLATION.—Effective January 1, 1995,
section 252(e) of such Act (2 U.S.C. 902(e)) is amended by
adding at the end the following new sentence: ‘‘This subsection
shall not apply to direct spending provisions to cover agricul-
tural crop disaster assistance.’’.
(e) FALSE STATEMENTS.—Section 1014 of title 18, United States
Code, is amended by inserting ‘‘or a company the Corporation
reinsures’’ after ‘‘Federal Crop Insurance Corporation’’.
(f) TECHNICAL AMENDMENTS.—
(1) The first sentence of section 506(d) (7 U.S.C. 1506(d))
is amended by striking ‘‘508(f)’’ and inserting ‘‘508(j)’’.
(2) The last sentence of section 507(c) (7 U.S.C. 1507(c))
is amended by striking ‘‘508(b)’’ and inserting ‘‘508(h)’’.
(3) Section 518 (7 U.S.C. 1518) is amended by striking
‘‘(k)’’ and inserting ‘‘(m)’’.
SEC. 120. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and the
amendments made by this title shall become effective on the date
of enactment of this Act and shall apply to the provision of crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) beginning with the 1995 crop year. With respect to the
1994 crop year, the Federal Crop Insurance Act (as in effect on
the day before the date of enactment of this Act) shall continue
to apply.
H. R. 4217—33
SEC. 212. AUTHORITY OF SECRETARY TO DELEGATE TRANSFERRED
FUNCTIONS.
(a) DELEGATION OF AUTHORITY.—
(1) DELEGATION
AUTHORIZED.—Subject to paragraph (2),
the Secretary may delegate to any agency, office, officer, or
employee of the Department the authority to perform any func-
tion transferred to the Secretary under section 211(a) or any
other function vested in the Secretary as of the date of the
enactment of this Act. The authority provided in the preceding
sentence includes the authority to establish, consolidate, alter,
or discontinue any agency, office, or other administrative unit
of the Department.
(2) CONDITION ON AUTHORITY.—The delegation authority
provided by paragraph (1) shall be subject to—
(A) sections 232, 251(d), 273, and 304 and subsections
(a) and (b)(1) of section 261;
(B) sections 502 and 503 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5692 and 5693); and
(C) section 8(b)(5) of the Soil Conservation and Domes-
tic Allotment Act (16 U.S.C. 590h(b)(5)).
(b) COST-BENEFIT ANALYSIS REQUIRED FOR NAME CHANGE.—
(1) ANALYSIS REQUIRED.—Except as provided in paragraph
(2), the Secretary shall conduct a cost-benefit analysis before
changing the name of any agency, office, division, or other
unit of the Department to ensure that the benefits to be derived
from changing the name of the agency, office, division, or other
unit outweigh the expense of executing the name change.
(2) EXCEPTION.—Paragraph (1) shall not apply with respect
to any name change required or authorized by this title.
(c) PUBLIC COMMENT ON PROPOSED REORGANIZATION.—To the
extent that the implementation of the authority provided to the
Secretary by this title to reorganize the Department involves the
creation of new agencies or offices within the Department or the
delegation of major functions or major groups of functions to any
agency or office of the Department (or the officers or employees
of such agency or office), the Secretary shall, to the extent consid-
ered practicable by the Secretary—
(1) give appropriate advance public notice of the proposed
reorganization action or delegation; and
(2) afford appropriate opportunity for interested parties
to comment on the proposed reorganization action or delegation.
(d) INTERAGENCY TRANSFER OF RECORDS, PROPERTY, PERSON-
NEL, AND FUNDS.—
(1) RELATED TRANSFERS.—Subject to paragraph (2), as part
of the transfer or delegation of a function of the Department
made or authorized by this title, the Secretary may transfer
within the Department—
(A) any of the records, property, or personnel affected
by the transfer or delegation of the function; and
(B) unexpended balances (available or to be made avail-
able for use in connection with the transferred or delegated
function) of appropriations, allocations, or other funds of
the Department.
(2) APPLICABLE LAW RELATING TO FUNDS TRANSFER.—Sec-
tion 1531 of title 31, United States Code, shall apply to any
transfer of funds under paragraph (1).
H. R. 4217—34
(e) EXHAUSTION OF ADMINISTRATIVE APPEALS.—Notwithstand-
ing any other provision of law, a person shall exhaust all adminis-
trative appeal procedures established by the Secretary or required
by law before the person may bring an action in a court of competent
jurisdiction against—
(1) the Secretary;
(2) the Department; or
(3) an agency, office, officer, or employee of the Department.
SEC. 213. REDUCTIONS IN NUMBER OF DEPARTMENT PERSONNEL.
(a) DEFINITIONS.—For purposes of this section:
(1) HEADQUARTERS
OFFICES.—The term ‘‘headquarters
offices’’, with respect to agencies, offices, or other administrative
units of the Department, means the offices, functions, and
employee positions that are located or performed—
(A) in Washington, District of Columbia; or
(B) in such other locations as are identified by the
Secretary for purposes of this section.
(2) FIELD STRUCTURE.—The term ‘‘field structure’’ means
the offices, functions, and employee positions of all agencies,
offices, or other administrative units of the Department, other
than the headquarters offices, except that the term does not
include State, county, or area committees established under
section 8(b)(5) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)(5)). The term includes the physical and
geographic locations of such agencies, offices, or other adminis-
trative units.
(b) NUMBER OF REDUCTIONS REQUIRED.—The Secretary shall
achieve Federal employee reductions of at least 7,500 staff years
within the Department by the end of fiscal year 1999. Reductions
in the number of full-time equivalent positions within the Depart-
ment achieved under section 5 of the Federal Workforce Restructur-
ing Act of 1994 (Public Law 103–226; 108 Stat. 115; 5 U.S.C.
3101 note) shall be counted toward the employee reductions
required under this section.
(c) EMPHASIS
ON HEADQUARTERS OFFICES REDUCTIONS.—In
achieving the employee reductions required by subsection (b), the
Secretary shall pursue a goal so that the percentage of the total
number of employee staff years reduced in headquarters offices
is at least twice the percentage of the total number of employee
staff years reduced in the field structure.
(d) SCHEDULE.—The personnel reductions in headquarters
offices and in the field structure should be accomplished concur-
rently in a manner determined by the Secretary.
SEC. 214. CONSOLIDATION OF HEADQUARTERS OFFICES.
Subject to the availability of appropriated funds for this pur-
pose, the Secretary shall develop and carry out a plan to consolidate
offices located in Washington, District of Columbia, of agencies,
offices, and other administrative units of the Department.
SEC. 215. COMBINATION OF FIELD OFFICES.
(a) COMBINATION
OF OFFICES REQUIRED.—Where practicable
and to the extent consistent with efficient, effective, and improved
service, the Secretary shall combine field offices of agencies within
the Department to reduce personnel and duplicative overhead
expenses.
H. R. 4217—35
(b) JOINT USE OF RESOURCES AND OFFICES REQUIRED.—When
two or more agencies of the Department share a common field
office, the Secretary shall require the agencies to jointly use office
space, equipment, office supplies, administrative personnel, and
clerical personnel associated with that field office.
SEC. 216. IMPROVEMENT OF INFORMATION SHARING.
Whenever the Secretary procures or uses computer systems,
as may be provided for in advance in appropriations Acts, the
Secretary shall do so in a manner that enhances efficiency,
productivity, and client services and is consistent with the goal
of promoting computer information sharing among agencies of the
Department.
SEC. 217. REPORTS BY THE SECRETARY.
(a) IN GENERAL.—Subject to subsection (b), notwithstanding
any other provision of law, the Secretary may, but shall not be
required to, prepare and submit any report solely to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
(b) LIMITATION.—For each fiscal year, the Secretary may not
prepare and submit more than 30 reports referred to in subsection
(a).
(c) SELECTION OF REPORTS.—In consultation with the Commit-
tee on Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate, the
Secretary shall determine which reports, if any, the Secretary will
prepare and submit in accordance with subsection (b).
SEC. 218. ASSISTANT SECRETARIES OF AGRICULTURE.
(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the positions of—
(1) Assistant Secretary of Agriculture for Congressional
Relations;
(2) Assistant Secretary of Agriculture for Administration;
and
(3) Assistant Secretary of Agriculture for Marketing and
Regulatory Programs.
(b) CONFIRMATION REQUIRED.—If the Secretary establishes any
position of Assistant Secretary authorized under subsection (a),
the Assistant Secretary shall be appointed by the President, by
and with the advice and consent of the Senate.
(c) SUCCESSION.—Any official who is serving as Assistant Sec-
retary of Agriculture for Administration or Assistant Secretary of
Agriculture for Congressional Relations on the date of the enact-
ment of this Act and who was appointed as such Assistant Secretary
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a) if the Sec-
retary establishes the position, and the official occupies the new
position, within 180 days after the date of the enactment of this
Act (or such later date set by the Secretary if litigation delays
rapid succession).
(d) EXECUTIVE SCHEDULE.—Section 5315 of title 5, United
States Code, is amended by striking ‘‘Assistant Secretaries of Agri-
culture (7).’’ and inserting ‘‘Assistant Secretaries of Agriculture
(3).’’.
H. R. 4217—36
(e) REPEAL OF SUPERSEDED PROVISIONS REGARDING ASSISTANT
SECRETARIES.—The following provisions of law are repealed:
(1) Section 2 of Reorganization Plan No. 2 of 1953 (5
U.S.C. App; 7 U.S.C. 2201 note).
(2) Section 2 of the Act entitled ‘‘An Act to enlarge the
powers and duties of the Department of Agriculture and to
create an Executive Department to be known as the Depart-
ment of Agriculture.’’, approved February 9, 1889 (7 U.S.C.
2212).
(3) The first paragraph designated ‘‘OFFICE OF THE SEC-
RETARY:’’ under the heading ‘‘DEPARTMENT OF AGRI-
CULTURE’’ of the Act entitled ‘‘An Act making appropriations
for the Department of Agriculture for the fiscal year ending
June thirtieth, nineteen hundred and seven.’’, approved June
30, 1906 (34 Stat. 670; 7 U.S.C. 2212).
(4) Section 604(a) of the Rural Development Act of 1972
(7 U.S.C. 2212a).
(5) Section 2 of Public Law 94–561 (7 U.S.C. 2212b).
(6) Section 8(a) of Public Law 97–325 (7 U.S.C. 2212c).
(7) Section 1413(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3128(d)).
SEC. 219. PAY INCREASES PROHIBITED.
The compensation of any officer or employee of the Department
on the date of the enactment of this Act shall not be increased
as a result of the enactment of this title.
Subtitle B—Farm and Foreign Agricultural
Services
SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM AND FOR-
EIGN AGRICULTURAL SERVICES.
(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Farm and Foreign Agricultural Services.
(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Farm and Foreign
Agricultural Services authorized under subsection (a), the Under
Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) FUNCTIONS OF UNDER SECRETARY.—
(1) PRINCIPAL FUNCTIONS.—Upon establishment, the Sec-
retary shall delegate to the Under Secretary of Agriculture
for Farm and Foreign Agricultural Services those functions
under the jurisdiction of the Department that are related to
farm and foreign agricultural services.
(2) ADDITIONAL FUNCTIONS.—The Under Secretary of Agri-
culture for Farm and Foreign Agricultural Services shall per-
form such other functions as may be required by law or
prescribed by the Secretary.
(d) SUCCESSION.—Any official who is serving as Under Secretary
of Agriculture for International Affairs and Commodity Programs
on the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a) if the Sec-