datamatters24/research-document-archive huggingface dataset:
H. R. 4217—32
TITLE II—DEPARTMENT OF
AGRICULTURE REORGANIZATION
SEC. 201. SHORT TITLE.
(a) SHORT TITLE.—This title may be cited as the ‘‘Department
of Agriculture Reorganization Act of 1994’’.
SEC. 202. PURPOSE.
The purpose of this title is to provide the Secretary of Agri-
culture with the necessary authority to streamline and reorganize
the Department of Agriculture to achieve greater efficiency,
effectiveness, and economies in the organization and management
of the programs and activities carried out by the Department.
SEC. 203. DEFINITIONS.
Except where the context requires otherwise, for purposes of
this title:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Agriculture.
(2) NATIONAL
APPEALS
DIVISION.—The term ‘‘National
Appeals Division’’ means the National Appeals Division of the
Department established under section 272.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(4) FUNCTION.—The term ‘‘function’’ means an administra-
tive, financial, or regulatory activity of an agency, office, officer,
or employee of the Department.
Subtitle A—General Reorganization
Authorities
SEC. 211. TRANSFER OF DEPARTMENT FUNCTIONS TO SECRETARY OF
AGRICULTURE.
(a) TRANSFER OF FUNCTIONS.—Except as provided in subsection
(b), there are transferred to the Secretary of Agriculture all func-
tions of all agencies, offices, officers, and employees of the Depart-
ment that are not already vested in the Secretary on the date
of the enactment of this Act.
(b) EXCEPTIONS.—Subsection (a) shall not apply to the following
functions:
(1) Functions vested by subchapter II of chapter 5 of title
5, United States Code, in administrative law judges employed
by the Department.
(2) Functions vested by the Inspector General Act of 1978
(5 U.S.C. App.) in the Inspector General of the Department.
(3) Functions vested by chapter 9 of title 31, United States
Code, in the Chief Financial Officer of the Department.
(4) Functions vested in the corporations of the Department
or the boards of directors and officers of such corporations.
(5) Functions vested in the Alternative Agricultural
Research and Commercialization Board by the Alternative Agri-
cultural Research and Commercialization Act of 1990 (7 U.S.C.
5901 et seq.).
228
(B) services for pregnant women as described in section
1916(a)(2)(B) of the Social Security Act (42 U.S.C. 1396o(a)(2)(B)).
(3) An alien lawfully admitted for temporary residence under section
9302 of this title is eligible for any medical assistance during the 5-year
period beginning on the date the alien is granted temporary residence status
if the alien is—
(A) an alien described in subsection (a)(3) of this section; or
(B) less than 18 years of age.
(c) ADJUSTMENT OF STATUS NOT AFFECTING CERTAIN BENEFITS.—As-
sistance under subchapter III of chapter 131 of this title shall be continued
without regard to an adjustment of the alien’s status under this chapter.
(d) ALIEN NOT RESIDING PERMANENTLY IN THE UNITED STATES.—Un-
less otherwise specifically provided, an alien lawfully admitted for temporary
residence under section 9302 of this title is not residing permanently in the
United States under color of law for purposes of a law of a State or political
subdivision of a State providing for a program of financial assistance.
§ 9311. Unfavorable ending of temporary residence status
The Attorney General shall end the temporary residence status granted
an alien under section 9302 of this title—
(1) if the Attorney General believes the alien was not eligible for that
status;
(2) if the alien—
(A) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided in sections
9305 and 9306 of this title; or
(B) is convicted of a felony or of at least 3 misdemeanors com-
mitted in the United States; or
(3) at the end of the 43d month beginning after the date the alien
is granted the status, unless the alien has applied under section 9304
of this title for an adjustment of status to that of an alien lawfully ad-
mitted for permanent residence and the application has not been de-
nied.
§ 9312. Administrative and judicial review
(a) EXCLUSIVENESS OF REVIEW.—The only administrative and judicial
reviews of a decision made under this chapter about an application for an
adjustment of status of an alien shall be the reviews provided in this sec-
tion.
(b) ADMINISTRATIVE REVIEW.—Except as provided in subsection (d) of
this section, the Attorney General shall maintain an appellate authority to
provide for a single level of administrative appellate review of a decision de-
scribed in subsection (a) of this section. The review shall be based only on
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(2) by striking ‘‘responsible for the farm credit
programs of the Department of Agriculture’’ and in-
serting ‘‘as designated by the Secretary of Agri-
culture’’.
(b) Section 506 of title V of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1506) is amended—
(1) by redesignating subsections (j), (k), (l),
(m), and (n) as subsections (k), (l), (m), (n), and
(o), respectively;
(2) by inserting after subsection (i) the follow-
ing new subsection:
‘‘(j) SETTLING CLAIMS.—The Corporation shall have
the authority to make final and conclusive settlement and
adjustment of any claims by or against the Corporation
or the account of its fiscal officers.’’;
(3) in subsection (1) (as redesignated), by strik-
ing ‘‘contracts or agreements’’ each place it appears
and inserting ‘‘contracts, agreements, or regula-
tions’’;
(4) in subsection (n)(1) (as redesignated), by
striking paragraph (B) and inserting the following
new paragraph:
‘‘(B) disqualify the person from purchasing
catastrophic 
risk 
protection 
or 
receiving
noninsured assistance for a period not to exceed
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2 years and from receiving any other benefit
under this title for a period not to exceed 10
years.’’;
(5) in subsection (o) (as redesignated), by strik-
ing paragraph (1) and inserting the following new
paragraph:
‘‘(1) instituting appropriate requirements for
documentation of the actual production history of in-
sured producers to establish recorded or appraised
yields for Federal crop insurance coverage that more
accurately reflect the associated actuarial risk. The
Corporation may not carry out this paragraph in a
manner that would prevent beginning farmers, as
determined by the Secretary, from obtaining Federal
crop insurance.’’; and
(6) by adding at the end thereof the following
new subsections:
‘‘(p) REGULATIONS.—The Secretary and the Cor-
poration, respectively, are authorized to issue regulations
as may be necessary to carry out this title.
‘‘(q) SOURCE OF FUNDING.—There is hereby appro-
priated, without fiscal year limitation, such sums as may
be necessary to carry out the purpose of the insurance
fund.’’.
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(c) Section 507 of title V of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1507) is amended—
(1) in subsection (a), by striking ‘‘, and county
crop insurance committeemen’’;
(2) in subsection (c), by striking the words be-
ginning with ‘‘, in which case the agent or broker’’
through ‘‘the agent or broker has caused the error
or omission’’; and
(3) in subsection (d), by replacing the comma
with a period after the words ‘‘section 516 of this
Act’’, and by deleting the remainder of the sub-
section.
(d) Section 508 of title V of the Agricultural Adjust-
ment Act of 1938 (7 U.S.C. 1508) is amended—
(1) by striking subsection (a) and inserting the
following new subsection:
‘‘(a) AUTHORITY TO OFFER INSURANCE.—
(1) If sufficient actuarial data are available, as
determined by the Board, the Corporation may in-
sure or provide reinsurance for insurers of producers
of agricultural commodities grown in the United
States under any plan or plans of insurance deter-
mined by the Board to be adapted to the agricul-
tural commodity involved. To qualify for coverage
under these plans of insurance, the losses of the in-
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sured commodity shall be due to drought, flood or
other natural disaster as determined by the Sec-
retary. Except in the case of tobacco, insurance shall
not extend beyond the period the insured commodity
is in the field. For the purpose of the foregoing sen-
tence, in the case of aquacultural species, the term
‘field’ means the environment in which the commod-
ity is produced. Insurance provided under this sub-
section shall not cover losses due to—
‘‘(i) the neglect or malfeasance of the pro-
ducer;
‘‘(ii) the failure of the producer to reseed
to the same crop in those areas and under such
circumstances where it is customary to so re-
seed; or
‘‘(iii) the failure of the producer to follow
good farming practices, as determined by the
Corporation.’’;
(2) by striking subsections (c), (e), (g), (l) and
(n);
(3) by redesignating subsections (b), (d), (f),
(h), (i), (j), (k), and (m) as subsections (g), (h), (i),
(j), (k), (l), (m), and (n), respectively;
(4) by inserting after subsection (a) the follow-
ing new subsections:
SEC. 4. DUTIES.
The duties of the Commission are as follows:
(1) Identify the various regulatory bodies and
mechanisms that are used to regulate and supervise
international capital markets, including mechanisms
that governments employ to manage international
capital market instability.
(2) Appraise the adequacy of the cooperation
between the various regulatory entities and mecha-
nisms referred to in paragraph (1).
(3) Propose solutions for improving cooperation
among the various regulatory bodies and mecha-
nisms, including a proposal, if feasible, for establish-
ing a single international body or mechanism with
responsibility for coordinating international regula-
tion and promoting the stability of the international
financial system.
(4) Identify the various enforcement methods
which countries use to enforce laws and regulations
relating to capital markets and the extent and ade-
quacy of cooperation among regulators in taking en-
forcement actions.
(5) Propose solutions for improving global en-
forcement of laws and regulations relating to capital
markets and other aspects of the international finan-
cial system.
‘‘(B) NONPAYMENT FOR FAILURE TO PAY 
STATE SHARE.— 
‘‘(i) IN GENERAL.—If a State fails to 
expend the amount required under sub-
paragraph (A) for a quarter, the amount 
payable to the State under this section 
shall be reduced by the product of— 
‘‘(I) the Federal-to-State ratio 
described in subparagraph (D)(iii); 
and 
‘‘(II) the amount by which the 
State payment is less than the State 
share. 
‘‘(ii) GRACE PERIOD.—A State shall 
not be considered to have failed to provide 
payment of its required State share for a 
quarter under subparagraph (A) if the ag-
gregate State payment towards the State’s 
required State share for the 4-quarter pe-
riod beginning with such quarter exceeds 
the required State share amount for such 
4-quarter period. 
‘‘(C) STATE SHARE.—The State share for 
a State for a quarter is equal to the product 
of— 
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112TH CONGRESS 
2D SESSION 
H. R. 6016 
AN ACT 
To amend title 5, United States Code, to provide 
for investigative leave requirements with respect 
to Senior Executive Service employees, and for 
other purposes.
(c) Notwithstanding the provisions of section 258(a)
of title 28, United States Code, the chief judge of the
United States Court of International Trade who is in of-
fice on the day before the date of enactment of this Act
shall continue to be such chief judge on or after such date
until any one of the following events occurs:
(1) The chief judge is relieved of his duties pur-
suant to section 258(c) of title 28, United States
Code.
(2) The regular active status of the chief judge
is terminated.
(3) The chief judge attains the age of seventy
years.
(4) The chief judge has served for a term of
seven years as chief judge.
When the chief judge vacates the position of chief judge
pursuant to the preceding sentence, the position of chief
judge of the Court of International Trade shall be filled
in accordance with section 258(a) of title 28, United
States Code.
SEC. 106. JUDICIAL COST-OF-LIVING INCREASES.
Section 140 of Public Law 97–92 (95 Stat. 1200)
is repealed.
‘‘(i) the aggregate capitated amount 
specified in subsection (b) for the quarter 
and the State; and 
‘‘(ii) the State-to-Federal ratio de-
scribed in subparagraph (D)(iv). 
‘‘(D) UNIFORM FEDERAL AND STATE PER-
CENTAGES AND STATE-TO-FEDERAL AND FED-
ERAL-TO-STATE RATIOS.—In this paragraph: 
‘‘(i) UNIFORM
FEDERAL
PERCENT-
AGE.—The uniform Federal percentage de-
scribed in this clause for a fiscal year is 
the highest Federal medical assistance per-
centage (as defined in the first sentence of 
section 1905(b)) for any State for such fis-
cal year. 
‘‘(ii) 
UNIFORM
STATE
PERCENT-
AGE.—The uniform State percentage de-
scribed in this clause is 100 percent minus 
the uniform Federal percentage described 
in clause (i). 
‘‘(iii) FEDERAL-TO-STATE
RATIO.— 
The Federal-to-State ratio described in 
this clause is the ratio of— 
‘‘(I) the uniform Federal percent-
age described in clause (i); to 
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HR 4217 PCS
‘‘(A) COST INFORMATION.—The Corpora-
tion shall solicit from private insurance provid-
ers and agents information regarding—
‘‘(i) their average cost per policy of
complying with requirements, regulations,
procedures, and processes under this title;
and
‘‘(ii) the data upon which such costs
are determined.
‘‘(B) COST-REDUCTION PROPOSALS.—The
Corporation shall also solicit from private insur-
ance providers and agents proposals for modify-
ing or altering the requirements, regulations,
procedures, and processes under this title to re-
duce their total average cost per policy.
‘‘(C) REPORT.—By June 1, 1995, the Cor-
poration shall submit a report to Congress con-
taining the information received under subpara-
graph (A) and an evaluation of the cost-reduc-
tion proposals received under subparagraph
(B).
‘‘(4) COST REDUCTION PLAN.—
‘‘(A) PLAN
REQUIRED.—Subject to the
condition that the Corporation maintain the in-
tegrity of the crop insurance program under
‘‘(II) the uniform State percent-
age described in clause (ii). 
‘‘(iv) STATE-TO-FEDERAL
RATIO.— 
The State-to-Federal ratio described in 
this clause is the ratio of— 
‘‘(I) the uniform State percent-
age described in clause (ii); to 
‘‘(II) the uniform Federal per-
centage described in clause (i). 
‘‘(E) RULES
FOR
CREDITING
TOWARD 
STATE SHARE.— 
‘‘(i) GENERAL LIMITATION TO MATCH-
ABLE EXPENDITURES.—A payment for ex-
penditures shall not be counted toward the 
State share under subparagraph (A) unless 
Federal payments may be used for such 
expenditures consistent with paragraph 
(3)(B). 
‘‘(ii) FURTHER LIMITATIONS ON AL-
LOWABLE EXPENDITURES.—A payment for 
expenditures shall not be counted towards 
the State share under subparagraph (A) if 
the expenditure is for any of the following: 
‘‘(I) 
ABORTION.—Expenditures 
for an abortion. 
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this subsection shall be known as ‘buy-up coverage’.
Producers shall apply to private insurance providers
approved by the Corporation for purchase of buy-up
coverage if such coverage is available from private
insurance providers. If buy-up coverage is unavail-
able privately, the Corporation may offer buy-up cov-
erage plans of insurance directly to producers. If a
producer applies for catastrophic risk protection at
an office of the Department of Agriculture but then
elects to purchase buy-up coverage under this sub-
section, the insurance file for that producer shall be
transferred to the approved private insurance pro-
vider servicing the buy-up coverage policy.
‘‘(2) ADMINISTRATIVE FEE.—
‘‘(A) FEE REQUIRED.—If a producer elects
to purchase buy-up coverage for a crop at a
level less than 65 percent of the recorded or ap-
praised average yield indemnified at 100 per-
cent of the expected market price, or an equiva-
lent coverage, the producer shall pay an admin-
istrative fee for such buy-up coverage. Sub-
section (b)(5) shall apply in determining the
amount and use of the administrative fee or in
determining whether to waive the administra-
tive fee.
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premium used to define loss ratio under
section 502.
‘‘(3) PREMIUM REDUCTION.—If a private insur-
ance provider determines that it may provide insur-
ance more efficiently than the expense reimburse-
ment amount established by the Corporation, the
private insurance provider may reduce, subject to
the approval of the Corporation, the premium
charged the insured by an amount corresponding to
such efficiency. The private insurance provider shall
apply to the Corporation for authority to reduce the
premium before making such a reduction, and the
reduction shall be subject to the rules, limitations,
and procedures established by the Corporation.
‘‘(4) INDIVIDUAL AND AREA CROP INSURANCE
COVERAGE.—The Corporation shall allow approved
insurance providers to offer to producers a plan of
insurance that combines both individual yield cov-
erage and area yield coverage at a premium rate de-
termined by the provider, subject to the following
conditions:
‘‘(A) The individual yield coverage shall be
equal to or greater than catastrophic risk pro-
tection, as described in subsection (b).
section shall relieve the private insurance provider 
from the debt owed the Corporation.’’. 
SEC. 4. PERSONNEL. 
Section 507 of the Federal Crop Insurance Act (7 
U.S.C. 1507) is amended— 
(1) in subsection (a), by striking ‘‘, and county 
crop insurance committeemen’’; 
(2) in subsection (c), by striking ‘‘, in which case 
the agent or broker’’ in the first sentence and all that 
follows through the period at the end of the second 
sentence and inserting a period; 
(3) in subsection (d), by striking ‘‘, except that’’ 
and all that follows through the period at the end of 
the subsection and inserting a period; and 
(4) by adding at the end the following new sub-
section: 
‘‘(g) SPECIALTY CROPS COORDINATOR.—The Corpora-
tion shall establish a senior-level position to be known as 
the Specialty Crops Coordinator. The Specialty Crops Coor-
dinator shall have primary responsibility for addressing the 
needs of specialty crop producers and for providing infor-
mation and advice in connection with the Corporation’s ac-
tivities to improve and expand the insurance program for 
specialty crops. In carrying out such responsibility, the 
Specialty Crops Coordinator shall act as the Corporation’s 
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ance at such rates as the Board deems actuarially 
sufficient to attain an expected loss ratio of not great-
er than 1.1. 
‘‘(2) 
PREMIUM
AMOUNTS.—The 
premium 
amounts for catastrophic risk protection under sub-
section (b) and buy-up coverage under subsection (c) 
shall be fixed as follows: 
‘‘(A) In the case of catastrophic risk protec-
tion, the amount of the premium shall be suffi-
cient to cover anticipated losses and a reasonable 
reserve. 
‘‘(B) In the case of buy-up coverage below 
65 percent of the recorded or appraised average 
yield indemnified at 100 percent of the expected 
market price, or an equivalent coverage, but 
greater than 50 percent of the recorded or ap-
praised average yield indemnified at 100 percent 
of the expected market price, or an equivalent 
coverage, the amount of the premium shall— 
‘‘(i) be sufficient to cover anticipated 
losses and a reasonable reserve; and 
‘‘(ii) include an amount for operating 
and administrative expenses, as determined 
by the Corporation, that is less than the 
amount established for coverage at 65 per-
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125
(3) in item number 61, relating to Lubbock,
Texas, by striking ‘‘with’’ and inserting ‘‘with Inter-
state 10 through’’;
(4) in item number 75, relating to Pennsylva-
nia, by striking ‘‘Widen’’ and all that follows
through ‘‘lanes’’ and inserting ‘‘Road improvements
on a 14-mile segment of U.S. Route 15 in Lycoming
County, Pennsylvania’’;
(5) in item number 92, relating to Ohio, by
striking ‘‘Minerva, Ohio’’ and insert ‘‘Lisbon, Ohio’’;
(6) in item number 93, relating to New Mexico,
by striking ‘‘Raton-Clayton Rd., Clayton, New Mex-
ico’’ and inserting ‘‘U.S. Rt. 64/87 from Raton, New
Mexico, through Clayton to the Texas-New Mexico
State line’’; and
(7) in item number 111, relating to Parker
County, Texas (SH199)—
(A) by striking ‘‘Parker County’’ and in-
serting ‘‘Parker and Tarrant Counties’’; and
(B) by striking ‘‘to four-’’ and inserting
‘‘in Tarrant County, to freeway standards and
in Parker County to a 4-’’.
(b) ADDITIONAL FUNDING.—Section 1106(a) of such
Act is amended by adding at the end the following:
property placed in service after December 
31, 2011. 
‘‘(iv) SPECIAL RULE FOR PASSENGER 
AIRCRAFT.—In the case of any passenger 
aircraft, the written binding contract limi-
tation under paragraph (2)(A)(iii)(I) shall 
not apply for purposes of subparagraphs 
(B)(i)(I) and (C).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply to taxable years end-
ing after December 31, 2011. 
(3) TRANSITIONAL RULE.—In the case of a tax-
able year beginning before January 1, 2012, and 
ending after December 31, 2011, the bonus depre-
ciation amount determined under paragraph (4) of 
section 168(k) of the Internal Revenue Code of 1986 
for such year shall be the sum of— 
(A) such amount determined under such 
paragraph as in effect on the date before the 
date of enactment of this Act— 
(i) taking into account only property 
placed in service before January 1, 2012, 
and 
(ii) multiplying the limitation under 
subparagraph (C)(ii) of such paragraph (as 
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so in effect) by a fraction the numerator of 
which is the number of days in the taxable 
year before January 1, 2012, and the de-
nominator of which is the number of days 
in the taxable year, and 
(B) such amount determined under such 
paragraph as amended by this Act— 
(i) taking into account only property 
placed in service after December 31, 2011, 
and 
(ii) multiplying the limitation under 
subparagraph (B)(ii) of such paragraph 
(as so in effect) by a fraction the numer-
ator of which is the number of days in the 
taxable year after December 31, 2011, and 
the denominator of which is the number of 
days in the taxable year. 
SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIB-
UTABLE TO OIL, NATURAL GAS, OR PRIMARY 
PRODUCTS THEREOF. 
(a) DENIAL OF DEDUCTION.—Paragraph (4) of sec-
tion 199(c) of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subpara-
graph: 
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