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HR 4217 - 103

Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994

Became Public Law No: 103-354.

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Agriculture
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Agriculture and Food

Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994 Became Public Law No: 103-354. Agriculture and Food

Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994 Became Public Law No: 103-354. Agriculture and Food

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Summary

40 House agreed to Senate amendment with amendment Jul 24, 2001

TABLE OF CONTENTS: Title I: Federal Crop Insurance Reform Title II: Department of Agriculture Reorganization Subtitle A: General Reauthorizaton Authorities Subtitle B: Farm and Foreign Agricultural Services Subtitle C: Rural Economic and Community Development Subtitle D: Food, Nutrition, and Consumer Services Subtitle E: Natural Resources and Environment Subtitle F: Research, Education, and Economics Subtitle G: Food Safety Subtitle H: National Appeals Division Subtitle I: Miscellaneous Reorganization Provisions Title III: Miscellaneous Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 - Title I: Federal Crop Insurance Reform - Federal Crop Insurance Reform Act of 1994 - Amends the Federal Crop Insurance Act to eliminate the requirement that one of the Federal Crop Insurance Corporation's (Corporation) appointments must be the Under Secretary or Assistant Secretary of Agriculture responsible for the Department of Agriculture's farm credit programs. (Sec. 104) Authorizes the Corporation to: (1) settle and adjust any claims made by or against the Corporation; and (2) disqualify a person from purchasing catastrophic risk protection or receiving noninsured assistance for up to two years for willfully providing the Corporation or an insurer with false information. Expresses the sense of the Congress in favor of the Corporation purchasing American-made equipment and products. (Sec. 105) Directs the Corporation to establish a management-level position of Specialty Crops Coordinator. (Sec. 106) Directs the Corporation to offer a catastrophic risk protection plan that would indemnify producers for loss in yield or prevented planting due to drought, flood, or other natural disaster. Provides coverage for potatoes (in addition to tobacco) beyond the period the crop is in the field. Authorizes the Corporation to offer insurance to a producer where crop insurance is unavailable for a particular commodity. Revises data collection and dissemination provisions. Offers producers the option of individual-or area-based catastrophic coverage. Authorizes coverage to be offered by: (1) private insurance carriers; or (2) Department of Agriculture (Department) local offices. Sets forth required fees and waivers. Requires at least catastrophic coverage on each crop of economic significance in order for a producer to be eligible for price supports, production adjustments, or specified agricultural loans. Provides transitional coverage for 1995 crops. Directs the Corporation to offer insurance plans with greater than catastrophic coverage from approved private insurers (or from the Corporation if offered). Sets forth provisions regarding coverage levels, price levels, and price elections (including market-based price elections for classes of wheat and malting barley). Permits State premium subsidies. Sets forth premium provisions for catastrophic and additional coverages. Requires specified Corporation-paid premium subsidies. Authorizes private insurer premium reductions. Requires producers to apply either at local Department offices or to approved insurance providers. Directs the Corporation to implement crop insurance underwriting rules that ensure that yield coverage is provided to all program participants. Authorizes an insured producer to choose individual or area yield coverage, or combined coverage, on a commodity-by-commodity basis. Establishes three-year transitional yields for feed or forage producers. Directs the Corporation to offer: (1) a pilot cost of production risk protection plan for the 1996 and 1997 crop years which would indemnify producers for insured income losses; (2) additional prevented planting coverage beginning in the 1995 crop year; and (3) a 30-county pilot transitional yield program for new producers for the 1995 and 1996 crop years. Authorizes the Corporation to provide for the adjustment and payment of loss claims. Directs the Corporation to provide reinsurance to approved insurers. Authorizes the Corporation to: (1) offer optional risk protection coverages; and (2) conduct research and pilot programs regarding crop insurance and agriculture-related risks. (Sec. 107) Repeals crop insurance yield provisions. (Sec. 108) Exempts Corporation insurance contracts from State and local taxation. (Sec. 109) Authorizes the Secretary to establish within the Department an Advisory Committee for Federal Crop Insurance which shall remain in existence until September 30, 1998. (Sec. 110) Authorizes separate appropriations for discretionary and mandatory expenses. Establishes a related insurance fund. (Sec. 111) Directs the Corporation to establish a noninsured assistance program for food or fiber crops for which catastrophic risk protection is not offered. Includes within such category floricultural, ornamental nursery, and Christmas tree crops, turf grass sod, and industrial crops. Excludes livestock. Requires: (1) qualifying losses to be from drought, flood, or other natural disaster; and (2) specified area yield losses in order for a producer to receive such assistance. Limits: (1) individual annual payments to $100,000; (2) income for purposes of program eligibility; and (3) multiple benefits for the same loss. (Sec. 114) Makes a person who has (knowingly) falsely obtained benefits under this title or who has evaded this title ineligible for catastrophic risk and noninsured assistance payments. (Sec. 116) Sets forth 1994 prevented planting (including oilseeds) payment provisions. (Sec. 117) Requires the Corporation to make specified reports on improvements in disseminating crop insurance information. (Sec. 118) Requires the Comptroller General and the Corporation to evaluate and report on crop insurance providers. (Sec. 119) Makes conforming amendments with regard to price support and Farmers Home Administration programs. (Sec. 120) Makes the amendments made by this title effective upon enactment of this Act and applies them to the 1995 crop year. Title II: Department of Agriculture Reorganization - Department of Agriculture Reorganization Act of 1994 - Subtitle A: General Reorganization Authorities - Transfers to the Secretary of Agriculture (Secretary) all functions of the Department of Agriculture (Department) not already vested in the Secretary, with specified exceptions. Grants the Secretary general delegation authority, with specified exceptions. (Sec. 213)) Directs the Secretary to: (1) reduce the number of Department employees by at least 7500 by September 30, 1999; (2) combine field offices where practicable; and (3) consolidate Washington, D.C. headquarters offices. (Sec. 218) Authorizes the Secretary 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. (Sec. 219) Prohibits any Department employee or officer pay increases as a result of enactment of this title. Subtitle B: Farm and Foreign Agricultural Services - Authorizes the Secretary to establish in the Department the position of Under Secretary of Agriculture for Farm and Foreign Agricultural Services. (Sec. 226) Authorizes the Secretary to establish in the Department a Consolidated Farm Service Agency which shall have jurisdiction over: (1) price and income support programs; (2) the Federal Crop Insurance Corporation; (3) certain agricultural credit programs; and (4) the agricultural conservation program, including initial appeals jurisdiction. Provides for maximum collocation of county offices of the Consolidated Farm Service Agency and the Natural Resources Conservation Service. (Sec. 227) Amends the Soil Conservation and Domestic Allotment Act to revise State, county, and area committee provisions. Amends the Consolidated Farm and Rural Development Act to eliminate Farmers Home Administration county committees. Subtitle C: Rural Economic and Community Development - Authorizes the Secretary to establish in the Department the position of Under Secretary of Agriculture for Rural Economic and Community Development to succeed the Under Secretary of Agriculture for Small Community and Rural Development. Amends the Consolidated Farm and Rural Development Act to repeal statutory authority for the Rural Development Administration. (Sec. 232) Provides for the establishment in the Department of: (1) the Rural Utilities Service; (2) the Rural Housing and Community Development Service; and (3) the Rural Business and Cooperative Development Service. Abolishes the Rural Electrification Administration. Makes conforming amendments. Subtitle D: Food, Nutrition, and Consumer Services - Authorizes the Secretary to establish in the Department the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services to succeed the Assistant Secretary of Agriculture for Food and Consumer Services. Subtitle E: Natural Resources and Environment - Authorizes the Secretary to establish in the Department the position of Under Secretary of Agriculture for Natural Resources and Environment to succeed the Assistant Secretary of Agriculture for Natural Resources and Environment. (Sec. 246) Authorizes the Secretary to establish within the Department a Natural Resources Conservation Service which shall have jurisdiction over: (1) the rural environmental conservation program; (2) the Great Plains Conservation Program; (3) the Water Bank Act; (4) the forestry incentive program; (5) certain land and wetlands conservation programs; (6) the Colorado River Basin salinity control program; and (7) the Farms for the Future Act of 1990. Amends the Soil Conservation and Domestic Allotment Act to repeal statutory authority for the Soil Conservation Service. (Sec. 247) Sets forth required elements for Forest Service reorganization proposals. Subtitle F: Research, Education, and Economics - Authorizes the Secretary to establish in the Department the position of Under Secretary of Agriculture for Research, Education, and Economics. Establishes in the Department a Cooperative State Research, Education, and Extension Service. Subtitle G: Food Safety - Establishes within the Department the position of Under Secretary of Agriculture for Food Safety. (Sec. 262) Prohibits the Food and Drug Administration from implementing a specified final rule to alter the permitted amount of selenium in animal diets without specified prior findings. Subtitle H: National Appeals Division - Directs the Secretary to establish in the Department an independent National Appeals Division. Transfers to the Division all functions and pending appeals relating to: (1) the National Appeals Division established by the Agricultural Act of 1949; (2) the National Appeals Division established by the Consolidated Farm and Rural Development Act; (3) Federal Crop Insurance Corporation appeals; and (4) Soil Conservation Service appeals. (Sec. 282) Amends the Agricultural Credit Act of 1987 to expand issues covered by State mediation programs. Extends authorization of appropriations. (Sec. 283) Authorizes appropriations to carry out activities of the Division. Subtitle I: Miscellaneous Reorganization Provisions - Sets forth bargaining unit voluntary agreement successorship provisions. (Sec. 296) Terminates, with specified exceptions, the Secretary's reorganization authority two years after eanctment of this Act. Title III: Miscellaneous - Expresses the sense of the Congress that the Department should hold public hearings and finalize a decision with respect to "fresh" poultry labeling. (Sec. 302) Prohibits the removal and requires the reinstatement of any Department employee who has made remarks on his or her personal time in opposition to Department policies regarding homosexuals. (Sec. 303) Amends the Food Stamp Act of 1977 to prohibit reductions in the thrifty food plan below 1994 levels. (Sec. 304) Directs the Secretary to establish in the Department an Office of Environmental Risk Assessment. (Sec. 305) Directs the Secretary to make necessary adjustments to ensure equitable treatment of socially disadvantaged farmers with respect to: (1) acreage bases and program payment yields; and (2) application of the Consolidated Farm and Rural Development Act. (Sec. 306) Directs the Secretary and the Secretary of Transportation to conduct an aircraft inspections study.

35 Passed Senate amended Jul 24, 2001

TABLE OF CONTENTS: Title I: Federal Crop Insurance Reform Subtitle A: Catastrophic Risk and Additional Coverage Insurance Subtitle B: Noninsured Assistance Program Subtitle C: Miscellaneous Title II: Department of Agriculture Reorganization Subtitle A: Short Title; Purpose; Definitions Subtitle B: General Authorities of the Secretary Subtitle C: National Appeals Division Subtitle D: Farm and International Trade Services Subtitle E: Rural Economic and Community Development Subtitle F: Food, Nutrition, and Consumer Services Subtitle G: National Resources and Environment Subtitle H: Marketing and Inspection Services Subtitle I: Research, Economics, and Education Subtitle J: Food Safety Subtitle K: Miscellaneous Title I: Federal Crop Insurance Reform - Subtitle A: Catastrophic Risk and Additional Coverage Insurance - Federal Crop Insurance Reform Act of 1994 - Amends the Federal Crop Insurance Act to direct the Federal Crop Insurance Corporation (Corporation) to offer a catastrophic risk protection plan that would indemnify producers for loss in yield or prevented planting due to drought, flood, or other natural disaster. Authorizes such coverage to be offered by: (1) private insurance carriers; or (2) Department of Agriculture (Department) local offices. Sets forth required fees, with specified waivers for need or additional coverage purchases. Requires at least catastrophic coverage on each significant crop in order for a producer to be eligible for price supports, production adjustments, or specified agricultural loans. (Sec. 1103) Directs the Corporation to offer insurance plans that offer greater than catastrophic coverage from approved private insurers (or from the Corporation if offered). Sets forth required fees and waivers. Offers different market-based price elections for varieties of wheat. Permits State premium subsidies. (Sec. 1104) Authorizes premium levels for: (1) catastrophic risk protection; (2) additional coverage; and (3) high coverage. Authorizes: (1) Corporation premium subsidies; and (2) private insurer premium reductions. (Sec. 1105) Requires producers to apply either at local Department offices or to approved insurance providers. (Sec. 1106) Directs the Corporation to implement crop insurance underwriting rules that ensure that yield coverage is provided to all program participants. Authorizes an insured producer to choose individual or area yield coverage, or combined coverage, on a commodity by commodity basis. Establishes two-year transitional yields for feed or forage producers. (Sec. 1107) Directs the Corporation to offer: (1) a pilot cost of production risk protection plan for the 1996 and 1997 crop years which would indemnify producers for insured income losses; (2) additional prevented planting coverage beginning in the 1995 crop year; and (3) a 30-county pilot transitional yield program for new producers for the 1995 and 1996 crop years. (Sec. 1108) Authorizes the Corporation to provide for the adjustment and payment of loss claims. (Sec. 1110) Authorizes appropriations for Corporation and provider expenses. Establishes a related insurance fund. (Sec. 1111) Authorizes the Secretary to establish within the Department an Advisory Committee for Federal Crop Insurance which shall remain in existence until September 30, 1998. (Sec. 1112) Sets forth technical and management provisions with respect to the Corporation. Subtitle B: Noninsured Assistance Program - Directs the Corporation to establish a noninsured assistance program for those crops for which catastrophic risk protection is not offered and that are produced for food, fiber, or an industrial crop on a commercial basis, excluding livestock. (Sec. 1202) Limits: (1) individual payments to $100,000; and (2) income for purposes of program eligibility. Prohibits double benefits under this program and the emergency livestock feed assistance program for the same loss. Subtitle C: Miscellaneous - Makes a person who has knowingly and falsely obtained benefits under the Act or who has evaded the Act ineligible for catastrophic risk and noninsured assistance payments. (Sec. 1302) Sets forth 1994 prevented planting (including oilseeds) payment provisions. (Sec. 1303) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to permit appropriations for emergency agricultural crop disaster assistance. (Sec. 1305) Authorizes the use of specified Corporation funds to cover certain operating and administrative costs for fall-planted 1995 crops. (Sec. 1306) Expresses the sense of the Senate that: (1) the Department should hold hearings on the labeling of fresh poultry in September 1994; and (2) persons involved financially should not serve on a related advisory committee. (Sec. 1307) Prohibits the removal and requires the reinstatement of any Department employee who has made remarks on his or her personal time in opposition to Department policies regarding homosexuals. (Sec. 1308) Amends the Food Stamp Act of 1977 to prohibit reductions in the thrifty food plan below FY 1994 levels. (Sec. 1310) Terminates authority and amendments under this title on September 30, 2000. Title II: Department of Agricultural Reorganization - Subtitle A: Short Title; Purpose; Definitions - Department of Agriculture Reorganization Act of 1994 - Sets forth the purpose of this title and appropriate definitions. Subtitle B: General Authorities of the Secretary - Delegates, with specified exceptions, all Department of Agriculture (Department) functions to the Secretary of Agriculture (Secretary). Grants the Secretary general reorganization authority. (Sec. 2203) Directs the Secretary to reduce the number of Department employees by at least 7,500 by September 30, 1999. (Sec. 2204) Directs the Secretary to consolidate Washington, D.C. headquarters offices. Subtitle C: National Appeals Division - Directs the Secretary to establish a National Appeals Division within the Office of the Secretary. Sets forth related provisions. Subtitle D: Farm and International Trade Services - Establishes in the Department the position of Under Secretary of Agriculture for Farm and International Trade Services. (Sec. 2402) Authorizes the Secretary to establish a Farm Service Agency to carry out specified agricultural assistance programs. (Sec. 2404) Authorizes the Secretary to establish an International Trade Service. Subtitle E: Rural Economic and Community Development - Amends the Rural Development Policy Act of 1980 to establish in the Department the position of Under Secretary of Agriculture for Rural Economic and Community Development (in lieu of the position of Under Secretary of Agriculture for Small Community and Rural Development). (Sec. 2502) Authorizes the Secretary to establish within the Department: (1) the Rural Utilities Service; (2) the Rural Housing and Community Development Service; and (3) the Rural Business and Cooperative Development Service. Subtitle F: Food, Nutrition, and Consumer Services - Establishes in the Department the position of Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. (Sec. 2602) Authorizes the Secretary to establish within the Department: (1) the Food and Consumer Service; and (2) the Nutrition Research and Education Service. Subtitle G: Natural Resources and Environment - Authorizes the Secretary to establish in the Department the Natural Resources Conservation Service. (Sec. 2702) Sets forth proposals to be included in the reorganization of the Forest Service. Subtitle H: Marketing and Inspection Services - Authorizes the Secretary to establish within the Department the Grain Inspection, Packers and Stockyards Administration. Subtitle I: Research, Economics, and Education - Authorizes the Secretary to establish within the Department: (1) the Federal Research and Information Service; (2) the Cooperative State Research and Education Service; (3) the Agricultural Economics and Statistics Service; and (4) the Program Policy and Coordination Staff. Subtitle J: Food Safety - Amends the Federal Meat Inspection Act to direct the Secretary to establish within the Department the Food Safety Service. Subtitle K: Miscellaneous - Establishes within the Department six positions of Assistant Secretary of Agriculture. Terminates, with specified exceptions, the Secretary's reorganization authority two years after enactment of this Act.

00 Introduced in House Jul 24, 2001

Federal Crop Insurance Reform Act of 1994 - Amends the Agricultural Adjustment Act of 1938 to revise the Federal crop insurance program. Appropriates permanent program funds. Authorizes program operating appropriations for the Commodity Credit Corporation. Authorizes the Secretary of Agriculture to establish within the Department of Agriculture the Advisory Committee for Federal Crop Insurance. Establishes a noninsured assistance program.

Sponsors

Timeline

Oct 13, 1994

Signed by President.

Oct 13, 1994

Signed by President.

Oct 13, 1994

Became Public Law No: 103-354.

Oct 13, 1994

Became Public Law No: 103-354.

Oct 12, 1994

Presented to President.

Oct 12, 1994

Presented to President.

Oct 5, 1994

Message on Senate action sent to the House.

Oct 4, 1994

Resolving differences -- Senate actions: Senate agreed to House amendment to Senate amendment by Voice Vote.(consideration: CR S14104)

Oct 4, 1994

Senate agreed to House amendment to Senate amendment by Voice Vote. (consideration: CR S14104)

Oct 3, 1994

Resolving differences -- House actions: House agreed to Senate amendment with amendment pursuant to H. Res. 559.(consideration: CR H10499-10521)

Oct 3, 1994

House agreed to Senate amendment with amendment pursuant to H. Res. 559. (consideration: CR H10499-10521)

Oct 3, 1994

Message on House action received in Senate and at the desk: House amendment to Senate amendment.

Sep 13, 1994

Message on Senate action sent to the House.

Aug 25, 1994

Measure laid before Senate by unanimous consent. (consideration: CR S12670)

Aug 25, 1994

Senate struck all after the Enacting Clause and substituted the language of S. 2095 amended.

Aug 25, 1994

Passed/agreed to in Senate: Passed Senate in lieu of S. 2095 with an amendment by Voice Vote.

Aug 25, 1994

Passed Senate in lieu of S. 2095 with an amendment by Voice Vote.

Aug 10, 1994

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 552.

Aug 5, 1994

Rule H. Res. 507 passed House.

Aug 5, 1994

Considered under the provisions of rule H. Res. 507. (consideration: CR H6994-7021)

Aug 5, 1994

Rule provides for consideration of H.R. 4217 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Agriculture now printed in the bill as an original bill for the purpose of amendment, as modified by the amendments printed in part 1 of the report accompanying this resolution. Before consideration of any other amendment, it shall be in order to consider the amendments printed in part 2 of the report, if offered in the order and manner specified in the report. All points of order against the amendment in the nature of a substitute and amendments printed in the report shall be waived.

Aug 5, 1994

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 507 and Rule XXIII.

Aug 5, 1994

The Speaker designated the Honorable Benjamin L. Cardin to act as Chairman of the Committee.

Aug 5, 1994

DEBATE - Pursuant to the provisions of H. Res. 507, the Committee of the Whole proceeded with 1 hour of debate on the Penny and de la Garza amendments.

Aug 5, 1994

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4217.

Aug 5, 1994

The previous question was ordered pursuant to the rule.

Aug 5, 1994

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

Aug 5, 1994

Passed/agreed to in House: On passage Passed by voice vote.

Aug 5, 1994

On passage Passed by voice vote.

Aug 5, 1994

Motion to reconsider laid on the table Agreed to without objection.

Aug 5, 1994

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4217.

Aug 4, 1994

Rules Committee Resolution H. Res. 507 Reported to House. Rule provides for consideration of H.R. 4217 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on Agriculture now printed in the bill as an original bill for the purpose of amendment, as modified by the amendments printed in part 1 of the report accompanying this resolution. Before consideration of any other amendment, it shall be in order to consider the amendments printed in part 2 of the report, if offered in the order and manner specified in the report. All points of order against the amendment in the nature of a substitute and amendments printed in the report shall be waived.

Aug 1, 1994

Mr. de la Garza asked unanimous consent that the Committee on Agriculture have until midnight on Aug. 1 to file a report on H.R. 4217. Agreed to without objection.

Aug 1, 1994

Reported (Amended) by the Committee on Agriculture. H. Rept. 103-649. Filed late, pursuant to previous special order.

Aug 1, 1994

Placed on the Union Calendar, Calendar No. 352.

Aug 1, 1994

Reported (Amended) by the Committee on Agriculture. H. Rept. 103-649. Filed late, pursuant to previous special order.

Jul 20, 1994

Committee Consideration and Mark-up Session Held.

Jul 20, 1994

Ordered to be Reported (Amended) by Voice Vote.

Jun 30, 1994

Subcommittee Consideration and Mark-up Session Held.

Jun 30, 1994

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

Jun 9, 1994

Subcommittee Hearings Held.

Apr 21, 1994

Referred to the Subcommittee on Environment, Credit and Rural Development.

Apr 21, 1994

Executive Comment Requested from USDA.

Apr 15, 1994

Sponsor introductory remarks on measure. (CR E681-682)

Apr 14, 1994

Introduced in House

Apr 14, 1994

Introduced in House

Apr 14, 1994

Referred to the House Committee on Agriculture.

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