H. R. 6849 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To amend the commodity provisions of the Food, Conservation, and Energy Act 
of 2008 to permit producers to aggregate base acres and reconstitute farms 
to avoid the prohibition on receiving direct payments, counter-cyclical payments, 
or average crop revenue election payments when the sum of the base acres 
of a farm is 10 acres or less, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES. 
(a) SUSPENSION OF PROHIBITION.— 
(1) IN GENERAL.—Section 1101(d) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by 
adding at the end the following: 
‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 
(3) shall not apply during the 2008 crop year.’’. 
(2) PEANUTS.—Section 1302(d) of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by 
adding at the end the following: 
‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs (1) through 
(3) shall not apply during the 2008 crop year.’’. 
(b) EXTENSION OF 2008 SIGNUP FOR DIRECT PAYMENTS AND 
COUNTER-CYCLICAL PAYMENTS.— 
(1) IN GENERAL.—Section 1106 of the Food, Conservation, 
and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding 
at the end the following: 
‘‘(f) EXTENSION OF 2008 SIGNUP.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary shall extend the 2008 crop year deadline 
for the signup for benefits under this subtitle by producers 
on a farm with base acres of 10 acres or less until the later 
of— 
‘‘(A) November 14, 2008; or 
‘‘(B) the end of the 45-day period beginning on the 
date of the enactment of this subsection. 
‘‘(2) PENALTIES.—The Secretary shall ensure that no pen-
alty with respect to benefits under this subtitle or subtitle 
B is assessed against producers on a farm described in para-
graph (1) for failure to submit reports under this section or 
timely comply with other program requirements as a result 
of compliance with the extended signup deadline under that 
paragraph.’’. 
(2) PEANUTS.—Section 1305 of the Food, Conservation, and 
Energy Act of 2008 (7 U.S.C. 8755) is amended by adding 
at the end the following:
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‘‘(f) EXTENSION OF 2008 SIGNUP.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary shall extend the 2008 crop year deadline 
for the signup for benefits under this subtitle by producers 
on a farm with base acres of 10 acres or less until the later 
of— 
‘‘(A) November 14, 2008; or 
‘‘(B) the end of the 45-day period beginning on the 
date of the enactment of this subsection. 
‘‘(2) PENALTIES.—The Secretary shall ensure that no pen-
alty with respect to benefits under this subtitle is assessed 
against producers on a farm described in paragraph (1) for 
failure to submit reports under this section or timely comply 
with other program requirements as a result of compliance 
with the extended signup deadline under that paragraph.’’. 
(c) OFFSETTING REDUCTION.—Section 515(k)(1) of the Federal 
Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by striking 
‘‘2011’’ and inserting ‘‘2010, and not more than $9,000,000 for 
fiscal year 2011’’. 
SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM. 
(a) FEDERAL CROP INSURANCE ACT.— 
(1) DEFINITIONS.—Section 531(a) of the Federal Crop Insur-
ance Act (7 U.S.C. 1531(a)) is amended— 
(A) in paragraph (3)(B), by inserting ‘‘has’’ after ‘‘on 
a farm that’’; 
(B) in paragraph (4), by striking ‘‘section 1102 of the 
Farm Security and Rural Investment Act of 2002’’ and 
all that follows through the end of the paragraph and 
inserting ‘‘under— 
‘‘(i) section 1102 or 1302 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7912, 
7952); 
‘‘(ii) section 1102 or 1301(6) of the Food, Conserva-
tion, and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); 
or 
‘‘(iii) a successor section.’’; 
(C) in paragraph (5)(B)(ii), by striking ‘‘, the total loss’’ 
and all that follows through the end of the paragraph 
and adding ‘‘the actual production on the farm is less 
than 50 percent of the normal production on the farm.’’; 
(D) in paragraph (7)— 
(i) in subparagraph (A), by inserting ‘‘for sale or 
on-farm livestock feeding (including native grassland 
intended for haying)’’ after ‘‘harvest’’; and 
(ii) in subparagraph (C), by inserting ‘‘for sale’’ 
after ‘‘crop’’; 
(E) by redesignating paragraphs (2) through (4), (5) 
through (12), and (13) through (18) as paragraphs (3) 
through (5), (7) through (14), and (16) through (21), respec-
tively; 
(F) by inserting after paragraph (1) the following: 
‘‘(2) ACTUAL PRODUCTION ON THE FARM.—The term ‘actual 
production on the farm’ means the sum of the value of all 
crops produced on the farm, as determined under subsection 
(b)(6)(B).’’;
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(G) by inserting after paragraph (5) (as redesignated 
by subparagraph (E)) the following: 
‘‘(6) CROP OF ECONOMIC SIGNIFICANCE.—The term ‘crop of 
economic significance’ shall have the uniform meaning given 
the term by the Secretary for purposes of subsections (b)(1)(B) 
and (g)(6).’’; and 
(H) by inserting after paragraph (14) (as redesignated 
by subparagraph (E)) the following: 
‘‘(15) NORMAL
PRODUCTION
ON
THE
FARM.—The term 
‘normal production on the farm’ means the sum of the expected 
revenue for all crops on the farm, as determined under sub-
section (b)(6)(A).’’. 
(2) SUPPLEMENTAL REVENUE ASSISTANCE PAYMENTS.—Sec-
tion 531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) 
is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) IN GENERAL.—The Secretary’’ 
and inserting the following: 
‘‘(1) PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(ii) by adding at the end the following: 
‘‘(B) CROP LOSS.—To be eligible for crop loss assistance 
under this subsection, the actual production on the farm 
for at least 1 crop of economic significance shall be reduced 
by at least 10 percent due to disaster, adverse weather, 
or disaster-related conditions.’’; 
(B) in paragraph (2), by adding at the end the following: 
‘‘(C) EXCLUSION OF SUBSEQUENTLY PLANTED CROPS.— 
In calculating the disaster assistance program guarantee 
under paragraph (3) and the total farm revenue under 
paragraph (4), the Secretary shall not consider the value 
of any crop that— 
‘‘(i) is produced on land that is not eligible for 
a policy or plan of insurance under subtitle A or assist-
ance under the noninsured crop assistance program; 
or 
‘‘(ii) is subsequently planted on the same land 
during the same crop year as the crop for which dis-
aster assistance is provided under this subsection, 
except in areas in which double-cropping is a normal 
practice, as determined by the Secretary.’’; 
(C) in paragraph (3)(A)(ii)(III)— 
(i) in the matter before item (aa), by inserting 
‘‘50 percent of’’ before ‘‘the higher of’’; and 
(ii) in item (aa), by striking ‘‘guarantee’’; 
(D) in paragraph (4)— 
(i) in subparagraph (A)(i)— 
(I) by striking subclauses (I) and (II) and 
inserting the following: 
‘‘(I) the actual production by crop on a farm 
for purposes of determining losses under subtitle 
A or the noninsured crop assistance program; and’’; 
and 
(II) by redesignating subclause (III) as sub-
clause (II); 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘and’’ at the end;
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(II) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(iii) as the Secretary determines appropriate, to 
reflect regional variations in a manner consistent with 
the operation of the crop insurance program under 
subtitle A and the noninsured crop assistance pro-
gram.’’; 
(E) in paragraph (5)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘the sum obtained by adding’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each 
insurable commodity, the product’’; 
(II) in clause (i), by striking ‘‘greatest’’ and 
inserting ‘‘greater’’; 
(III) in clause (iii), by striking ‘‘of the insur-
ance price guarantee; and’’ and inserting ‘‘of the 
price election for the commodity used to calculate 
an indemnity for an applicable policy of insurance 
if an indemnity is triggered; and’’; and 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
striking ‘‘the product’’ and inserting ‘‘for each non-
insurable crop, the product’’; 
(II) in clause (i), by striking ‘‘and’’ at the end; 
(III) by redesignating clause (ii) as clause (iii); 
and 
(IV) by inserting after clause (i) the following: 
‘‘(ii) the acreage planted or prevented from being 
planted for each crop; and’’; and 
(F) by adding at the end the following: 
‘‘(6) PRODUCTION ON THE FARM.— 
‘‘(A) NORMAL PRODUCTION ON THE FARM.—The normal 
production on the farm shall equal the sum of the expected 
revenue for each crop on a farm as determined under 
paragraph (5). 
‘‘(B) ACTUAL PRODUCTION ON THE FARM.—The actual 
production on the farm shall equal the sum obtained by 
adding— 
‘‘(i) for each insurable commodity on the farm, 
the product obtained by multiplying— 
‘‘(I) 100 percent of the price election for the 
commodity used to calculate an indemnity for an 
applicable policy of insurance if an indemnity is 
triggered; and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses; and 
‘‘(ii) for each noninsurable commodity on a farm, 
the product obtained by multiplying— 
‘‘(I) 100 percent of the noninsured crop assist-
ance program established price for the commodity; 
and 
‘‘(II) the quantity of the commodity produced 
on the farm, adjusted for quality losses.’’.