181
of agricultural quarantine and inspection services
with respect to the class of persons or entities pay-
ing the fees. The costs of the services with respect
to passengers as a class includes the costs of related
inspections of the aircraft or other vehicle.
‘‘(3) STATUS OF FEES.—Fees collected under
this subsection by any person on behalf of the Sec-
retary are held in trust for the United States and
shall be remitted to the Secretary in such manner
and at such times as the Secretary may prescribe.
‘‘(4) LATE PAYMENT PENALTIES.—If a person
subject to a fee under this subsection fails to pay the
fee when due, the Secretary shall assess a late pay-
ment penalty, and the overdue fees shall accrue in-
terest, as required by section 3717 of title 31, Unit-
ed States Code.
‘‘(5) AGRICULTURAL QUARANTINE INSPECTION
USER FEE ACCOUNT.—
‘‘(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a
no-year fund, to be known as the ‘Agricultural
Quarantine Inspection User Fee Account’,
which shall contain all of the fees collected
under this subsection and late payment pen-
182
alties and interest charges collected under para-
graph (4) through fiscal year 2002.
‘‘(B) USE OF ACCOUNT.—For each of the
fiscal years 1996 through 2002, funds in the
Agricultural Quarantine Inspection User Fee
Account shall be available, in such amounts as
are provided in advance in appropriations Acts,
to cover the costs associated with the provision
of agricultural quarantine and inspection serv-
ices and the administration of this subsection.
Amounts made available under this subpara-
graph shall be available until expended.
‘‘(C) EXCESS
FEES.—Fees and other
amounts collected under this subsection in any
of the fiscal years 1996 through 2002 in excess
of $100,000,000 shall be available for the pur-
poses specified in subparagraph (B) until ex-
pended, without further appropriation.
‘‘(6) USE OF AMOUNTS COLLECTED AFTER FIS-
CAL YEAR 2002.—After September 30, 2002, the un-
obligated balance in the Agricultural Quarantine In-
spection User Fee Account and fees and other
amounts collected under this subsection shall be
credited to the Department of Agriculture accounts
that incur the costs associated with the provision of
183
agricultural quarantine and inspection services and
the administration of this subsection. The fees and
other amounts shall remain available to the Sec-
retary until expended without fiscal year limitation.
‘‘(7) STAFF YEARS.—The number of full-time
equivalent positions in the Department of Agri-
culture attributable to the provision of agricultural
quarantine and inspection services and the adminis-
tration of this subsection shall not be counted to-
ward the limitation on the total number of full-time
equivalent positions in all agencies specified in sec-
tion 5(b) of the Federal Workforce Restructuring
Act of 1994 (Public Law 103–226; 5 U.S.C. 3101
note) or other limitation on the total number of full-
time equivalent positions.’’.
SEC. 503. COMMODITY CREDIT CORPORATION INTEREST
RATE.
Notwithstanding any other provision of law, the
monthly Commodity Credit Corporation interest rate ap-
plicable to loans provided for agricultural commodities by
the Corporation shall be 100 basis points greater than the
rate determined under the applicable interest rate formula
in effect on October 1, 1995.
184
SEC. 504. ESTABLISHMENT OF OFFICE OF RISK MANAGE-
MENT.
(a) ESTABLISHMENT.—The Department of Agri-
culture Reorganization Act of 1994 is amended by insert-
ing after section 226 (7 U.S.C. 6932) the following new
section:
‘‘SEC. 226A. OFFICE OF RISK MANAGEMENT.
‘‘(a) ESTABLISHMENT.—Subject to subsection (e),
the Secretary shall establish and maintain in the Depart-
ment an independent Office of Risk Management.
‘‘(b) FUNCTIONS OF THE OFFICE OF RISK MANAGE-
MENT.—The Office of Risk Management shall have juris-
diction over the following functions:
‘‘(1) Supervision of the Federal Crop Insurance
Corporation.
‘‘(2) Administration and oversight of all as-
pects, including delivery through local offices of the
Department, of all programs authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
‘‘(3) Any pilot or other programs involving reve-
nue insurance, risk management savings accounts,
or the use of the futures market to manage risk and
support farm income that may be established under
the Federal Crop Insurance Act or other law.
‘‘(4) Such other functions as the Secretary con-
siders appropriate.
185
‘‘(c) ADMINISTRATOR.—
‘‘(1) The Office of Risk Management shall be
headed by an Administrator who shall be appointed
by the Secretary.
‘‘(2) The Administrator of the Office of Risk
Management shall also serve as Manager of the Fed-
eral Crop Insurance Corporation.
‘‘(d) RESOURCES.—
‘‘(1) 
FUNCTIONAL
COORDINATION.—Certain
functions of the Office of Risk Management, such as
human resources, public affairs, and legislative af-
fairs, may be provided by a consolidation of such
functions under the Under Secretary of Agriculture
for Farm and Foreign Agricultural Services.
‘‘(2) MINIMUM
PROVISIONS.—Notwithstanding
paragraph (1) or any other provision of law or order
of the Secretary, the Secretary shall provide the Of-
fice of Risk Management with human and capital re-
sources sufficient for the Office to carry out its
functions in a timely and efficient manner.’’.
(b) FISCAL YEAR 1996 FUNDING.—From funds ap-
propriated for the salaries and expenses of the Consoli-
dated Farm Service Agency in the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 1996 (Public Law 104–37),
186
the Secretary of Agriculture may use such sums as nec-
essary for the salaries and expenses of the Office of Risk
Management established under subsection (a).
(c) CONFORMING AMENDMENT.—Section 226(b) of
the Act (7 U.S.C. 6932(b)) is amended by striking para-
graph (2).
SEC. 505. BUSINESS INTERRUPTION INSURANCE PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Not later than
December 31, 1996, the Secretary of Agriculture shall im-
plement a program (to be known as the ‘‘Business Inter-
ruption Insurance Program’’), under which the producer
of a contract commodity could elect to obtain revenue in-
surance coverage to ensure that the producer receives an
indemnity payment if the producer suffers a loss of reve-
nue. The nature and extent of the program and the man-
ner of determining the amount of an indemnity payment
shall be established by the Secretary.
(b) REPORT ON PROGRESS AND PROPOSED EXPAN-
SION.—Not later than January 1, 1998, the Secretary
shall submit to the Commission on 21st Century Produc-
tion Agriculture the data and results of the program
through October 1, 1997. In addition, the Secretary shall
submit information and recommendations to the Commis-
sion with respect to the program that will serve as the
basis for the Secretary to offer revenue insurance to agri-
187
cultural producers, at one or more levels of coverage,
that—
(1) is in addition to, or in lieu of, catastrophic
and higher levels of crop insurance;
(2) is offered through reinsurance arrange-
ments with private insurance companies;
(3) is actuarially sound; and
(4) requires the payment of premiums and ad-
ministrative fees by participating producers.
(c) CONTRACT COMMODITY DEFINED.—In this sec-
tion, the term ‘‘contract commodity’’ means a crop of
wheat, corn, grain sorghum, oats, barley, upland cotton,
or rice.
SEC. 506. CONTINUATION OF OPTIONS PILOT PROGRAM.
During the 1996 through 2002 crop years, the Sec-
retary of Agriculture may continue to conduct the options
pilot program authorized by the Options Pilot Program
Act of 1990 (subtitle E of title XI of Public Law 101–
624; 104 Stat. 3518; 7 U.S.C. 1421 note). To the extent
that the Secretary decides to continue the options pilot
program, the Secretary shall modify the terms and condi-
tions of the pilot program to reflect the changes to law
made by this Act.
188
SEC. 507. EVERGLADES AGRICULTURAL AREA.
(a) IN GENERAL.—On July 1, 1996, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall provide $210,000,000 to
the Secretary of the Interior to carry out this section.
(b) ENTITLEMENT.—The Secretary of the Interior—
(1) shall accept the funds made available under
subsection (a):
(2) shall be entitled to receive the funds; and
(3) shall use the funds to conduct restoration ac-
tivities in the Everglades ecosystem, which may in-
clude acquiring private acreage in the Everglades
Agricultural Area including approximately 52,000
acres that is commonly known as the ‘‘Talisman
tract’’.
(c) TRANSFERRING FUNDS.—The Secretary of the
Interior may transfer funds to the Army Corps of Engi-
neers, the State of Florida, or the South Florida Water
Management District to carry out subsection (b)(3).
(d) DEADLINE.—Not later than December 31, 1999,
the Secretary of the Interior shall utilize the funds for
restoration activities referred to in subsection (b)(3).
189
SEC. 508. SENSE OF CONGRESS REGARDING PURCHASE OF
AMERICAN-MADE 
EQUIPMENT 
AND 
PROD-
UCTS; REQUIREMENT REGARDING NOTICE.
(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—In the case of any equipment or products
that may be authorized to be purchased with financial as-
sistance provided under this Act or amendments made by
this Act, it is the sense of the Congress that persons re-
ceiving such assistance should, in expending the assist-
ance, purchase only American-made equipment and prod-
ucts.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing 
financial 
assistance 
under 
this 
Act 
or
amentments made by this Act, the Secretary of Agri-
culture shall provide to each recipient of the assistance
a notice describing the statement made in subsection (a)
by the Congress.
TITLE VI—COMMISSION ON 21ST
CENTURY PRODUCTION AGRI-
CULTURE
SEC. 601. ESTABLISHMENT.
There is hereby established a commission to be known
as the ‘‘Commission on 21st Century Production Agri-
culture’’ (in this title referred to as the ‘‘Commission’’).
190
SEC. 602. COMPOSITION.
(a) MEMBERSHIP AND APPOINTMENT.—The Com-
mission shall be composed of 11 members, appointed as
follows:
(1) Three members shall be appointed by the
President.
(2) Four members shall be appointed by the
Chairman of the Committee on Agriculture of the
House of Representatives in consultation with the
ranking minority member of the Committee.
(3) Four members shall be appointed by the
Chairman of the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate in consultation with
the ranking minority member of the Committee.
(b) QUALIFICATIONS.—At least one of the members
appointed under each of the paragraphs (1), (2), and (3)
of subsection (a) shall be an individual who is primarily
involved in production agriculture. All other members of
the Commission shall be appointed from among individ-
uals having knowledge and experience in agricultural pro-
duction, marketing, finance, or trade.
(c) TERM OF MEMBERS; VACANCIES.—Members of
the Commission shall be appointed for the life of the Com-
mission. A vacancy on the Commission shall not affect its
powers, but shall be filled in the same manner as the origi-
nal appointment was made.
191
(d) TIME FOR APPOINTMENT; FIRST MEETING.—
The members of the Commission shall be appointed not
later than October 1, 1997. The Commission shall convene
its first meeting to carry out its duties under this Act 30
days after six members of the Commission have been ap-
pointed.
(e) CHAIRMAN.—The chairman of the Commission
shall be designated jointly by the Chairman of the Com-
mittee on Agriculture of the House of Representatives and
the Chairman of the Committee on Agriculture, Nutrition,
and Forestry of the Senate from among the members of
the Commission.
SEC. 603. COMPREHENSIVE REVIEW OF PAST AND FUTURE
OF PRODUCTION AGRICULTURE.
(a) INITIAL REVIEW.—The Commission shall conduct
a comprehensive review of changes in the condition of pro-
duction agriculture in the United States since the date of
the enactment of this Act and the extent to which such
changes are the result of the amendments made by this
Act. The review shall include the following:
(1) An assessment of the initial success of pro-
duction flexibility contracts under section 103 in
supporting the economic viability of farming in the
United States.
192
(2) An assessment of the food security situation
in the United States in the areas of trade, consumer
prices, international competitiveness of United
States production agriculture, food supplies, and hu-
manitarian relief.
(3) An assessment of the changes in farmland
values and agricultural producer incomes since the
date of the enactment of this Act.
(4) An assessment of the extent to which regu-
latory relief for agricultural producers has been en-
acted and implemented, including the application of
cost/benefit principles in the issuance of agricultural
regulations.
(5) An assessment of the extent to which tax
relief for agricultural producers has been enacted in
the form of capital gains tax reductions, estate tax
exemptions, and mechanisms to average tax loads
over high and low income years.
(6) An assessment of the effect of any Govern-
ment interference in agricultural export markets,
such as the imposition of trade embargoes, and the
degree of implementation and success of inter-
national trade agreements.
193
(7) An assessment of the likely affect of the
sale, lease, or transfer of farm poundage quota for
peanuts across State lines.
(b) SUBSEQUENT REVIEW.—The Commission shall
conduct a comprehensive review of the future of produc-
tion agriculture in the United States and the appropriate
role of the Federal Government in support of production
agriculture. The review shall include the following:
(1) An assessment of changes in the condition
of production agriculture in the United States since
the initial review conducted under subsection (a).
(2) Identification of the appropriate future rela-
tionship of the Federal Government with production
agriculture after 2002.
(3) An assessment of the personnel and infra-
structure requirements of the Department of Agri-
culture necessary to support the future relationship
of the Federal Government with production agri-
culture.
(c) RECOMMENDATIONS.—In carrying out the subse-
quent review under subsection (b), the Commission shall
develop specific recommendations for legislation to achieve
the appropriate future relationship of the Federal Govern-
ment with production agriculture identified under sub-
section (a)(2).
194
SEC. 604. REPORTS.
(a) REPORT ON INITIAL REVIEW.—Not later than
June 1, 1998, the Commission shall submit to the Presi-
dent, the Committee on Agriculture of the House of Rep-
resentatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report containing the results
of the initial review conducted under section 603(a).
(b) REPORT ON SUBSEQUENT REVIEW.—Not later
than January 1, 2001, the Commission shall submit to
the President and the congressional committees specified
in subsection (a) a report containing the results of the
subsequent review conducted under section 603(b).
SEC. 605. POWERS.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this Act, conduct such hearings, sit
and act at such times, take such testimony, and receive
such evidence, as the Commission considers appropriate.
(b) ASSISTANCE
FROM
OTHER
AGENCIES.—The
Commission may secure directly from any department or
agency of the Federal Government such information as
may be necessary for the Commission to carry out its du-
ties under this Act. Upon request of the chairman of the
Commission, the head of the department or agency shall,
to the extent permitted by law, furnish such information
to the Commission.
195
(c) MAIL.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as the departments and agencies of the Federal
Government.
(d) ASSISTANCE FROM SECRETARY.—The Secretary
of Agriculture shall provide to the Commission appropriate
office space and such reasonable administrative and sup-
port services as the Commission may request.
SEC. 606. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet on a
regular basis (as determined by the chairman) and at the
call of the chairman or a majority of its members.
(b) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
SEC. 607. PERSONNEL MATTERS.
(a) COMPENSATION.—Each member of the Commis-
sion shall serve without compensation, but shall be allowed
travel expenses including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States
Code, when engaged in the performance of Commission
duties.
(b) STAFF.—The Commission shall appoint a staff
director, who shall be paid at a rate not to exceed the
maximum rate of basic pay under section 5376 of title
196
5, United States Code, and such professional and clerical
personnel as may be reasonable and necessary to enable
the Commission to carry out its duties under this Act
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title, or any other
provision of law, relating to the number, classification, and
General Schedule rates. No employee appointed under this
subsection (other than the staff director) may be com-
pensated at a rate to exceed the maximum rate applicable
to level GS–15 of the General Schedule.
(c) DETAILED PERSONNEL.—Upon request of the
chairman of the Commission, the head of any department
or agency of the Federal Government is authorized to de-
tail, without reimbursement, any personnel of such depart-
ment or agency to the Commission to assist the Commis-
sion in carrying out its duties under this section. The de-
tail of any such personnel may not result in the interrup-
tion or loss of civil service status or privilege of such per-
sonnel.
SEC. 608. TERMINATION OF COMMISSION.
The Commission shall terminate upon submission of
the final report required by section 604.
197
TITLE VII—EXTENSION OF
CERTAIN AUTHORITIES
SEC. 701. EXTENSION OF AUTHORITY UNDER PUBLIC LAW
480.
Section 408 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1736b) is amended
by striking ‘‘1995’’ and inserting ‘‘1996’’.
SEC. 702. EXTENSION OF FOOD FOR PROGRESS PROGRAM.
Section 1110 of the Food Security Act of 1985 (7
U.S.C. 1736o), also known as the Food for Progress Act
of 1985, is amended—
(1) in subsection (k), by striking ‘‘1995’’ and
inserting ‘‘1996’’; and
(2) in subsection (l), by striking ‘‘1995’’ and in-
serting ‘‘1996’’.
Passed the House of Representatives February 29,
1996.
Attest:
Clerk.