In the Senate of the United States, 
September 29 (legislative day, September 17), 2008. 
Resolved, That the bill from the House of Representa-
tives (H.R. 6849) entitled ‘‘An Act to amend the commodity 
provisions of the Food, Conservation, and Energy Act of 
2008 to permit producers to aggregate base acres and recon-
stitute farms to avoid the prohibition on receiving direct pay-
ments, 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.’’, do pass with 
the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
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 fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(4) SUSPENSION OF PROHIBITION.—Paragraphs 
(1) through (3) shall not apply during the 2008 crop 
year.’’. 
(b) EXTENSION OF 2008 SIGNUP FOR DIRECT PAY-
MENTS 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 penalty with respect to benefits under this 
subtitle or subtitle B is assessed against producers on 
a farm described in paragraph (1) for failure to sub-
mit reports under this section or timely comply with 
other program requirements as a result of compliance 
with the extended signup deadline under that para-
graph.’’. 
(2) PEANUTS.—Section 1305 of the Food, Con-
servation, and Energy Act of 2008 (7 U.S.C. 8755) 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 penalty with respect to benefits under this 
subtitle is assessed against producers on a farm de-
scribed in paragraph (1) for failure to submit reports 
under this section or timely comply with other pro-
gram 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 Insurance 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 Invest-
ment 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, Conservation, 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 (in-
cluding 
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), respectively; 
(F) by inserting after paragraph (1) the fol-
lowing: 
‘‘(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 de-
termined under subsection (b)(6)(B).’’; 
(G) by inserting after paragraph (5) (as re-
designated 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 subsection (b)(6)(A).’’. 
(2) SUPPLEMENTAL REVENUE ASSISTANCE PAY-
MENTS.—Section 531(b) of the Federal Crop Insur-
ance 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 eco-
nomic 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 PLANT-
ED CROPS.—In calculating the disaster assist-
ance 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 el-
igible for a policy or plan of insurance 
under subtitle A or assistance 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 disaster assistance is pro-
vided under this subsection, except in areas 
in which double-cropping is a normal prac-
tice, 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 ‘‘guar-
antee’’; 
(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 non-
insured crop assistance program; and’’; 
and 
(II) by redesignating subclause 
(III) as subclause (II); 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking 
‘‘and’’ at the end; 
(II) in clause (ii), by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) as the Secretary determines ap-
propriate, 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 subpara-
graph (A), by striking ‘‘the sum obtained by 
adding’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by striking ‘‘the product’’ and in-
serting ‘‘for each insurable commodity, 
the product’’; 
(II) in clause (i), by striking 
‘‘greatest’’ and inserting ‘‘greater’’; 
(III) in clause (iii), by striking 
‘‘of the insurance price guarantee; 
and’’ and inserting ‘‘of the price elec-
tion for the commodity used to cal-
culate 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 in-
serting ‘‘for each noninsurable 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 para-
graph (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 multi-
plying— 
‘‘(I) 100 percent of the price elec-
tion for the commodity used to cal-
culate an indemnity for an applicable 
policy of insurance if an indemnity is 
triggered; and
‘‘(II) the quantity of the com-
modity produced on the farm, adjusted 
for quality losses; and 
‘‘(ii) for each noninsurable commodity 
on a farm, the product obtained by multi-
plying— 
‘‘(I) 100 percent of the noninsured 
crop assistance program established 
price for the commodity; and 
‘‘(II) the quantity of the com-
modity produced on the farm, adjusted 
for quality losses.’’. 
(3) WAIVER FOR SOCIALLY DISADVANTAGED, LIM-
ITED RESOURCE, OR BEGINNING FARMER OR RANCH-
ER.—Section 531(d)(5)(B)(ii) of the Federal Crop In-
surance Act (7 U.S.C. 1531(d)(5)(B)(ii)) is amended 
by striking ‘‘section’’ and inserting ‘‘subsection’’. 
(4) 
TREE
ASSISTANCE
PROGRAM.—Section 
531(f)(2)(A) of the Federal Crop Insurance Act (7 
U.S.C. 1531(f)(2)(A)) is amended by striking ‘‘the 
Secretary shall provide’’ and inserting ‘‘the Secretary 
shall use such sums as are necessary from the Trust 
Fund to provide’’. 
(5) DE MINIMIS EXCEPTION TO RISK MANAGE-
MENT PURCHASE REQUIREMENT.—Section 531(g) of
the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is 
amended by adding at the end the following: 
‘‘(6) DE MINIMIS EXCEPTION.— 
‘‘(A) IN GENERAL.—For purposes of assist-
ance under subsection (b), at the option of an eli-
gible producer on a farm, the Secretary shall 
waive paragraph (1)— 
‘‘(i) in the case of a portion of the total 
acreage of a farm of the eligible producer 
that is not of economic significance on the 
farm, as established by the Secretary; or 
‘‘(ii) in the case of a crop for which the 
administrative fee required for the purchase 
of noninsured crop disaster assistance cov-
erage exceeds 10 percent of the value of that 
coverage. 
‘‘(B) TREATMENT OF ACREAGE.—The Sec-
retary shall not consider the value of any crop 
exempted under subparagraph (A) in calculating 
the supplemental revenue assistance program 
guarantee under subsection (b)(3) and the total 
farm revenue under subsection (b)(4).’’. 
(6) RISK
MANAGEMENT
PURCHASE
REQUIRE-
MENT WAIVER FOR 2009 CROP YEAR.—Section 531(g)
of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) 
is amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘(other than sub-
section (c))’’ and inserting ‘‘(other than sub-
sections (c) and (d))’’; and 
(ii) in subparagraph (A), by inserting 
‘‘, excluding grazing land’’ after ‘‘producers 
on the farm’’; 
(B) in paragraph (2), by striking ‘‘grazed, 
planted,’’ and inserting ‘‘planted’’; 
(C) in paragraph (4), by striking ‘‘(4)’’ and 
all that follows through ‘‘In the case’’ and insert-
ing the following: 
‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 
‘‘(A) 2008 CROP YEAR.—In the case’’; and 
(D) by adding at the end the following: 
‘‘(B) 2009 CROP YEAR.—In the case of an 
insurable commodity or noninsurable commodity 
for the 2009 crop year that does not meet the re-
quirements of paragraph (1) and the relevant 
crop insurance program sales closing date or 
noninsured crop assistance program fee payment 
date was prior to August 14, 2008, the Secretary
shall waive paragraph (1) if the eligible producer 
of the insurable commodity or noninsurable com-
modity pays a fee in an amount equal to the ap-
plicable noninsured crop assistance program fee 
or catastrophic risk protection plan fee required 
under paragraph (1) to the Secretary not later 
than 90 days after the date of enactment of this 
subparagraph.’’. 
(7) PAYMENT LIMITATIONS.—Section 531(h) of 
the Federal Crop Insurance Act (7 U.S.C. 1531) is 
amended by adding at the end the following: 
‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 
1001B, and 1001D of the Food Security Act of 1985 
(7 U.S.C. 1308 et seq.) as in effect on September 30, 
2007, shall continue to apply with respect to 2008 
crops.’’. 
(b) TRADE ACT OF 1974.— 
(1) DEFINITIONS.—Section 901(a) of the Trade 
Act of 1974 (19 U.S.C. 2497(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 Invest-
ment 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, Conservation, 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 (in-
cluding 
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), respectively; 
(F) by inserting after paragraph (1) the fol-
lowing:
‘‘(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 de-
termined under subsection (b)(6)(B).’’; 
(G) by inserting after paragraph (5) (as re-
designated 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 subsection (b)(6)(A).’’. 
(2) SUPPLEMENTAL REVENUE ASSISTANCE PAY-
MENTS.—Section 901(b) of the Trade Act of 1974 (19 
U.S.C. 2497(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) TREATMENT OF ACREAGE.—The Sec-
retary shall not consider the value of any crop 
exempted under subparagraph (A) in calculating 
the supplemental revenue assistance program 
guarantee under subsection (b)(3) and the total 
farm revenue under subsection (b)(4).’’. 
(6) RISK
MANAGEMENT
PURCHASE
REQUIRE-
MENT WAIVER FOR 2009 CROP YEAR.—Section 901(g) 
of the Trade Act of 1974 (19 U.S.C. 2497(g)) is 
amended— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘(other than sub-
section (c))’’ and inserting ‘‘(other than sub-
sections (c) and (d))’’; and 
(ii) in subparagraph (A), by inserting 
‘‘, excluding grazing land’’ after ‘‘producers 
on the farm’’; 
(B) in paragraph (2), by striking ‘‘grazed, 
planted,’’ and inserting ‘‘planted’’; 
(C) in paragraph (4), by striking ‘‘(4)’’ and 
all that follows through ‘‘In the case’’ and insert-
ing the following: 
‘‘(4) WAIVERS FOR CERTAIN CROP YEARS.— 
‘‘(A) 2008 CROP YEAR.—In the case’’; and
(D) by adding at the end the following: 
‘‘(B) 2009 CROP YEAR.—In the case of an 
insurable commodity or noninsurable commodity 
for the 2009 crop year that does not meet the re-
quirements of paragraph (1) and the relevant 
crop insurance program sales closing date or 
noninsured crop assistance program fee payment 
date was prior to August 14, 2008, the Secretary 
shall waive paragraph (1) if the eligible producer 
of the insurable commodity or noninsurable com-
modity pays a fee in an amount equal to the ap-
plicable noninsured crop assistance program fee 
or catastrophic risk protection plan fee required 
under paragraph (1) to the Secretary not later 
than 90 days after the date of enactment of this 
subparagraph.’’. 
(7) PAYMENT LIMITATIONS.—Section 901(h) of 
the Trade Act of 1974 (19 U.S.C. 2497(h)) is amend-
ed by adding at the end the following: 
‘‘(5) TRANSITION RULE.—Sections 1001, 1001A, 
1001B, and 1001D of the Food Security Act of 1985 
(7 U.S.C. 1308 et seq.) as in effect on September 30,