JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The Managers on the part of the House and the Senate at the conference
on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 2559),
to amend the Federal Crop Insurance Act to strengthen the safety net for
agricultural producers by providing
greater access to more affordable risk
management tools and improved protection from production and income loss,
to improve the efficiency
and integrity of the Federal crop insurance
program, and for other purposes, submit the following joint statement to
the House and the Senate in
explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying conference
report:
The Senate amendment struck out all of the House bill after the enacting
clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the Senate
with an amendment which is a substitute for the House bill
and the Senate amendment. The differences
between the House bill, the Senate amendment, and the substitute agreed
to in conference are
noted below, except for clerical corrections,
conforming changes made necessary by agreements reached by the conferees,
and minor drafting
and clarifying changes.[1]
In the case where a provision of the House bill or the Senate amendment
is adopted under the Conference substitute,
report language appurtenant to such provision
of the House bill or Senate amendment, respectively, stands.
Short Title
The House bill provides that this Act may be cited as the "Agricultural
Risk Protection Act of 1999." (Section 1)
The Senate amendment provides that this Act may be cited as the "Risk Management
for the 21st Century Act." (Section 1)
The Conference substitute adopts the House provision providing that the
Act be cited as the “Agricultural Risk Protection Act of 2000.”
(Section 1)
Title I—Crop Insurance Coverage
Subtitle A – Crop Insurance Coverage
Premium Schedule for Additional Coverage
The
House bill amends section 508(d)(2) by striking subparagraphs (B) and (C)
and inserts a new subparagraph (B).
Paragraph
(B) requires that the premium for insurance coverage equal to or greater
than 50/100 (or an equivalent coverage) be
sufficient to cover anticipated losses
and a reasonable reserve and include operating and administrative expenses,
as determined by FCIC
based on an industry-wide percentage of
the amount of premium used to define loss ratio.
Amends
section 508(e)(2) by striking paragraphs (B) and (C) that provide the amount
of premium to be paid by FCIC for coverage of
less than 65/100 but greater than 50/100,
and for coverage greater than 65/100, respectively.
Adds new
paragraphs (B) through (G) that provide for the new amount to be paid by
FCIC for coverage levels ranging from 50 percent
coverage to 85 percent coverage.
Provides
that the amount to be paid by FCIC for each coverage level (or equivalent
coverage) is the sum of the percent of premium
provided below (plus an amount of administrative
and operating expenses determined under another section).
50-54% coverage = 67%
55-59% coverage = 64%
60-64% coverage = 64%
65-69% coverage = 59%
70-74% coverage = 59%
75-79% coverage = 54%
80-84% coverage = 40.6%
85% coverage = 30.6%
(Producers may choose any price election
up to 100 percent of the price election, and coverage in 1 percent increments
is authorized as under
current law.
Provides that each policy or plan of insurance
contain a disclosure of the portion of premium paid by FCIC.
The
House bill amends section 508(d) by adding a new paragraph (3) to authorize
FCIC to provide performance-based discounts to
producers with good production or insurance
experience.
Authorizes
a 20 percent premium discount for the 2000 crop year for certain producers
of specific crops that received a discounted
price due to Scab or Vomitoxin damage.
The House
bill amends section 508(c)(5) to provide that in the case of a cost of
production or similar plan of insurance, the expected
market price (price election) is the projected
cost of producing the crop. (Section 101, 106 and 107)
The Senate
amendment amends section 508(d)(2) by striking subparagraph (C) and inserting
a new (C) and (D) establishing premium
amounts.
Paragraph
(C) requires that the premium for insurance coverage equal to or greater
than 65/100 but less than 75/100 (or a comparable
coverage for a plan of insurance not based
on yield) be sufficient to cover anticipated losses and a reasonable reserve
and include operating
and administrative expenses, as determined
by FCIC based on an industry-wide percentage of the amount of premium used
to define loss
ratio.
Paragraph
(D) requires that the premium for insurance coverage equal to 75/100, 80/100,
and 85/100 (or a comparable coverage for a
plan of insurance not based on yield)
is established at a level as indicated under paragraph (C).
Amends
section 508(e) by striking paragraph (1) providing that FCIC pay a portion
of premium and inserts a new paragraph relative to
the same.
Provides
under paragraph (1)(A) that FCIC pay a portion of the premium as established
in section 508(e)(2).
Amends
section 508(e)(2) by striking paragraphs (B) and (C) that provide for the
amount of premium to be paid by FCIC for coverage of
less than 65/100 but greater than 50/100,
and for coverage greater than 65/100, respectively.
Adds new
paragraphs (B) through (G) that provide for the new amount to be paid by
FCIC for coverage levels ranging from 50/100 to
85/100.
Provides
that the amount to be paid by FCIC for each coverage level (or comparable
coverage for a plan of insurance not based on yield)
is the sum of the percent of premium provided
below (plus an amount of administrative and operating expenses determined
under another
section).
50/100% coverage = 60%
55/100% coverage = 45%
60/100% coverage = 45%
65/100% coverage = 50%
70/100% coverage = 50%
75/100% coverage = 55%
80/100% coverage = 38%
85/100% coverage = 28%
(Producers must choose 100 percent price
election to receive correlating percentage of assistance, and availability
of coverage is limited to 5
percent increments).
Provides
under new paragraph (H) that paragraphs (A) through (G) are applicable
for the 2001 through 2004 fiscal years.
Amends
section 508(a) by striking paragraph (3) relative to exclusions for coverage
and inserting a new paragraph (3) relative to the
same.
Provides
conforming amendments amending section 508(e) by striking paragraph (4)
requiring individual and area crop insurance
coverage and by striking reference to
such authority under section 508(g)(2)(D).
The Senate
amendment amends section 508(c) by striking paragraph (5) relative to price
levels and inserts a new paragraph relative to
price elections.
Requires
FCIC to establish or approve a price level, or expected market price, for
each commodity insured.
Provides
that the expected market price (1) not be less than the projected market
price of the crop; (2) may be based on the actual
market price of the crop at the time of
harvest; (3) in the case of revenue or similar policies be the actual
market price of the crop; or (4) in the
case of cost of production or similar
policies be the cost of producing the crop. (Section 103)
The Conference substitute adopts the Senate provision relative to the expected
market price with minor changes to clarify intent. The
Conference substitute adopts the House
provisions relative to premium amounts, performance-based discounts, payment
schedule, and
premium payment disclosure with certain
changes. Language with respect to premium amounts and payment schedule
has been modified to
clarify intent. The provision providing
discounts for producers of crops damaged by scab is omitted. Premium
assistance at the 75, 80, and 85
percent coverage levels are increased
to 55 percent, 48 percent, and 38 percent, respectively, of the amount
of premium used to define loss
ratio. Current statutory authority
to offer coverage in one percent increments is temporarily suspended.
(Section 101)
Premium Schedule for Other Plans of Insurance
The House
bill amends section 508(h)(2) by striking the second sentence limiting
the portion of premium FCIC may pay for innovative
policies and by creating paragraphs (A)
and (B).
Subparagraph
(B) requires that in the case of a policy submitted under section 508(h)
(except paragraph (10) or subsection (m)(4)),
FCIC shall pay a portion of the premium
equal to the percentage, prescribed under section 508(e) for a similar
level of coverage, of the total
amount of the premium used to define loss
ratio, and the dollar amount of the administrative and operating expenses
that would be paid by FCIC
under section 508(e) for a similar level
of coverage. (Section 102)
The Senate
amendment amends section 508(e) by striking paragraph (1) relative to requiring
FCIC to pay a portion of premiums and
inserts a new paragraph (1) related to
the same.
Provides
under the new paragraph (1)(B) that FCIC may pay a portion of the premium
as established in 508(e)(2) for innovative plans of
insurance approved by FCIC under section
508(h). (Section 103)
The Conference
substitute adopts the House provision relative to premium assistance for
all policies or plans of insurance developed
and approved under section 508(h) or 522
or conducted under section 523 (except livestock pilot programs) with certain
changes. The
administrative and operating costs associated
with all such policies or plans of insurance must comply with section 508(k)(4),
including any
proportional reductions that may apply.
Section 508(k)(4), including any proportional reductions, applies to all
such policies or plans of
insurance whether developed and approved
on, before, or after the date of enactment of this Act. However,
the effective date of the
amendments made by section 102 are delayed
until after the reinsurance year 2001 with respect to policies or plans
of insurance developed
and approved subsequent to the date of
enactment. During the reinsurance year 2001, the portion of the premium
paid by the Corporation for
such policies or plans of insurance developed
and approved subsequent to the date of enactment may not exceed the dollar
amount authorized
under the new payment schedule for multiple
peril crop insurance. Administrative and operating costs associated
with such policies during the
reinsurance year 2001 are adjusted accordingly,
subject to section 508(k)(4), including any proportional reductions that
may apply. (Section
102)
Catastrophic Risk Protection
The House
bill amends section 508(b) by striking paragraph (3) relative to yield
and loss basis and inserts a new paragraph (3) relative
to the same.
Provides
that, beginning with the 2000 crop year, FCIC must offer producers a choice
between the current CAT coverage and an
alternative CAT coverage that indemnifies
the producer on an area yield and loss basis, provides a higher combination
of yield and price
election, and that FCIC determines is
comparable to "CAT."
The House bill amends section 508(b)(5) by adding a new subparagraph (F)
relative to payment of fees on behalf of producers.
Authorizes a cooperative association or
nonprofit trade association to pay "CAT" fees on behalf of consenting producers.
Provides
that licensing fees or other payments made by approved insurance providers
to a cooperative association or nonprofit trade
association in connection with the sale
of "CAT" or "buy-up" insurance shall not be construed as a rebate providing
the producer receives prior
notice of the fee.
Provides
that nothing in the subparagraph limits the ability of a producer to choose
an agent or an insurance provider or refuse "CAT"
coverage purchased pursuant to this subparagraph.
Further requires that "CAT" policies sold under such an arrangement must
be through a
licensed agent or approved insurance provider.
Requires
that participating cooperative associations, nonprofit trade associations,
and approved insurance providers that operate under
this subparagraph to encourage producer
members to purchase appropriate coverage.
The House
bill amends section 508(b)(11) reducing loss adjustment expense reimbursements
relative to CAT policies to approved
insurance providers from 11 percent of
imputed premium to 8 percent of the same.
Amends
section 508(k)(4)(A)(ii) by reducing administrative and operating expense
reimbursements to approved insurance providers
from 24.5 percent of premium used to define
loss ratio to 24 percent of the same.
Provides
that amendments are applicable with respect to the 2001 and subsequent
reinsurance years. (Sections 108, 109 and
310(a)(1))
The Senate
amendment requires any person that sells or solicits the purchase of a
policy or adjusts losses under the FCIA in any state
must be licensed and qualified to do business
in that state, and must comply with all state regulations (including commission
and anti-rebating
regulations) as required under state law.
(Sections 313)
The Conference
substitute adopts the House provisions relative to the provision of alternative
catastrophic risk protection and the
reimbursement rate change for loss adjustments
associated with catastrophic risk protection. The reduction in administration
and operating
cost reimbursement is omitted. The
Conference substitute further adopts the House provision relative to the
payment of catastrophic risk
protection fees by associations on behalf
of member producers, and the treatment of licensing fees received by associations
in connection with
the issuance of insurance with changes.
Rebating in connection with the issuance of crop insurance coverage is
subject to the State laws in
which the rebate is made. If a cooperative
association or trade association is located in a State that permits rebating
in connection with the
issuance of crop insurance coverage, the
association may pay catastrophic risk protection (CAT) fees on behalf of
members in that State or in a
contiguous State. A report to Congress
on the operation and impact of this provision is required.
Finally, the Conference substitute increases
the fees associated with catastrophic
risk protection from $60 to $100 per crop per county. (Section 103)
Administrative Fee for additional coverage
The Conference substitute provides for an administrative fee of $30 per
crop per county to be paid by producers electing coverage in
excess of catastrophic risk protection.
(Section 104)
Assigned yields and actual production history
adjustments
The House
bill amends section 508(g) by adding paragraph (4) relative to adjustment
in actual production history to establish insurable
yields.
Provides
that this paragraph shall apply when FCIC uses the APH of a producer to
establish insurable yields for a crop for the 2001 and
subsequent crop years.
Provides
that, if, for one or more of the crop years used by a producer to establish
APH, the producer's yield is less than 60 percent of the
applicable "T" yield, the producer may
exclude each of such crop years and replace the excluded yield with a yield
equal to 60 percent of "T".
This section applies retroactively to
already recorded yields and prospectively to future yields.
Amends
section 508(g) by adding paragraph (5) relative to APH adjustment to reflect
participation in major pest control efforts.
Requires
FCIC to develop a methodology for adjusting the APH of a producer's crop
when the producer's farm is located in an area
where efforts have been undertaken to
eradicate or retard plant pests and disease, where the presence of the
pest or disease has been found
to reduce applicable crop yields, and
where the efforts undertaken have been effective. Requires APH adjustments
to reflect the success of the
effort undertaken. (Section 103)
The Senate
amendment amends section 508(g)(2)(B) by requiring FCIC to assign a producer
a yield for a crop where the producer has
not had a share of the production of the
crop for more than 2 years; has not before farmed the land; or rotates
to a crop that has not before been
produced on the farm.
The Senate
amendment amends section 508(g) by adding paragraph (4) relative to transitional
adjustments for disasters.
Defines
"a producer that has suffered a multiyear disaster" as a producer or successor
entity that has suffered a natural disaster during at
least 3 of the immediately preceding 5
crop years that resulted in a cumulative reduction of at least 25 percent
in APH of a crop.
Provides
that, beginning with the 2001 crop year, a producer of an insured crop
that has suffered a multiyear disaster may exclude 1 year
of the crop's production history for each
5 years included in the crop's APH.
Requires
FCIC to pay for any increased premiums, indemnities, and administrative
and operating expenses that result from the exercise
of a producer to exclude 1 year of a crop's
production history.
Prohibits
FCIC from limiting any increase in a producer's APH due to the producer's
actual production of the crop in succeeding years
until such time that the producer's APH
has recovered to the level obtained in the year before the first year of
multiyear disaster.
Rescinds
FCIC authority allowing eligible producers to exclude any 1 crop year in
the first crop year where a policy is available to
adequately address natural disasters occurring
in multiple crop years.
Makes the
paragraph applicable for the 2001 through 2004 reinsurance years. (Sections
104 & 105)
The Conference
substitute adopts the Senate provision relative to assigned yields and
the House provision relative to adjustments to
actual production history with minor changes
to clarify intent. (Section 105)
Review and Adjustment in Rating Methodologies
The House
bill amends section 508(a) by adding a new paragraph (7) relative to the
review and adjustment in rating methodologies.
Requires
FCIC to periodically review the methodologies employed for rating plans
of insurance consistent with section 507(c)(2) relative
to contracting for such services.
Requires FCIC to analyze the rating and loss history of policies and plans
of insurance for crops by area and
make appropriate adjustments for the 2000
crop year or as soon as possible where premium rates are found to be excessive.
(Section 104)
The Senate
amendment requires FCIC to contract for the study and development of alternative
rating methodologies for rating plans of
insurance for "CAT" and "buy-up" coverage,
taking into account producers not electing to participate in crop insurance
and those electing only
"CAT" coverage.
Requires
that, with respect to such rating studies, a priority be given to crops
with the largest average acreage nationwide but lowest
percentage of producer participation at
buy-up coverage levels.
Requires
FCIC to provide funding for rating studies from the account established
under section 516(b)(2)(A) of the FCIA, and specifically
authorizes $1 million for fiscal years
2001 and 2002 and $250,000 in fiscal years 2003 and 2004.
Provides
that the paragraph relative to funding be applicable for the fiscal years
2001 through 2004. (Section 202)
The Conference
substitute adopts the House provision relative to review and adjustment
in rating methodologies with a change to
require such adjustments take place in
the 2002 crop year and thereafter, rather than in the 2000 crop year and
thereafter. (Section 106)
The Managers
urge the Corporation to complete the process of developing alternative
rating methodologies for all insurable crops. The
Managers also urge the Corporation to
base Multi-Peril Crop Insurance (MPCI) cotton rates in Texas on the results
of the analysis prepared on
their behalf by researchers at Montana
State University and to adopt these rates beginning with the 2001 crop
year on the same basis as the
Corporation implemented revised MPCI Premium
rates in the Mid-South and Far West regions.
Quality Adjustment
The House
bill amends section 508(a) by adding a new paragraph (9) relative to quality
grade loss adjustment.
Requires
that, consistent with subsection (m)(4) relative to contracting for research
requirements, FCIC enter into a contract by the 2000
crop year to analyze quality loss adjustment
procedures and make adjustments necessary to more accurately reflect local
quality discounts,
taking into account actuarial soundness
requirements and prevention of fraud, waste, and abuse. (Section 112)
The Senate
amendment strikes 508(a)(6) requiring guidelines, reports, studies, and
pilot programs relative to the addition of new and
specialty crops, and inserts a new paragraph
(6) relative to quality adjustment.
Requires
FCIC to offer coverage that permits a reduction in production for purposes
of determining a loss to reflect any production not
meeting quality standards.
Allows
producers to opt-out of quality adjustment coverage and receive a reduction
in premium equal to the cost of the coverage.
Requires
FCIC to contract for the study of quality loss adjustment procedures and,
based on the study, to adjust the coverage to better
reflect local quality discounts, taking
into consideration actuarial soundness and the prevention of fraud, waste,
and abuse. (Section 101)
The Conference
substitute adopts the Senate provision relative to quality adjustments
with certain changes. Language to permit
producers to opt-out of such coverage
and receive a premium reduction is omitted. Language is included
to permit producers to elect such
coverage, under limited circumstances,
on a basis smaller than a unit, and a provision relative to the manner
in which the Corporation sets
quality standards is also included.
(Section 107)
Double Insurance and Prevented Planting
The House bill amends section 508(a) by adding a new paragraph (8) relative
to prevented planting.
Allows
producers to opt-out of prevented planting coverage and receive a reduction
in premium equal to the cost of the prevented
planting coverage.
Requires
FCIC to provide an equal percentage level of prevented planting coverage
for each crop.
Limits
prevented planting payments to producers prevented from planting due to
conditions generally affecting the area in which the
producer farms.
Authorizes
a producer who received a prevented planting payment to plant a second
crop other than the crop prevented from being
planted on the same acreage, except that
the second crop is not eligible for NAP or crop insurance coverage.
Provides
that a producer who elects to plant a second crop which is not insurable
or NAP eligible still qualifies for AMTA loans and
payments, CRP, and guaranteed and direct
loans and other benefits under the ConAct.
Requires
FCIC to assign a producer who receives a prevented planting payment and
who elects to plant a second crop a yield for the
prevented crop for that year equal to
60 percent of the producer's actual production history for purposes of
future APH.
Denies a prevented planting payment to
a producer who plants a second crop before the latest planting date for
the crop prevented from being
planted.
The House
bill amends section 508(a) by adding a new paragraph (10) relative to limitations
on double insurance.
Prohibits
a policy or plan of insurance for more than one crop planted on the same
acreage in the same crop year unless the coverage
for the additional crop is "CAT" coverage.
Provides
an exception to the limitation on double insurance where both crops are
normally harvested within the same crop year on the
same acreage; there is an established
practice of double-cropping in the area and the additional crop is customarily
double-cropped in the area
with the first crop; a policy of insurance
is offered for both crops; and the additional crop is planted on or before
the final or late planting date for
that crop. (Sections 110 and 201)
The Senate
amendment is substantially the same as the H.R. 2559 except the following
additional provisions.
Makes the
prevented planting paragraph applicable for the 2001 through 2004 crop
years.
Requires
that changes made to prevented planting coverage be reflected in the rates
for coverage not later than the 2001 reinsurance
year. (Section 102)
The Senate
amendment amends section 508(m) (subsection (n) designated as (m) under
section 207 of Senate amendments.
Requires
that FCIC may only offer insurance or reinsurance on 1 crop produced on
specific acreage during a crop year, unless there is
an established practice of double-cropping
in an area, the additional insurance is offered to a crop that is customarily
double-cropped in the
area, and the producer has a history of
double-cropping or the acreage has historically been double-cropped.
(Section 308)
The Conference
substitute provides limitations with respect to double insurance and prevented
planting coverage.
The Conference substitute establishes
a new Section 508A for both double insurance and prevented planting and
provides the following
definitions:
"First Crop" means the first crop of the first agricultural commodity insured
and planted for harvest, or prevented from being planted, on
specific acreage during a crop year.
"Second Crop" means a second crop of the same or different agricultural
commodity following the first crop that is planted for harvest on
the same acreage as the first crop in
the same crop year. However, the term does not include a replanted
crop.
"Replanted Crop" means the second planting of the first crop on the same
acreage in the same crop year, if the replanting is required by
the terms of the policy of insurance on
the first crop.
In the case of double insurance, the Conference substitute provides a producer
with two options if a first crop has a total or partial
insurable loss. If the producer
chooses not to plant a second crop, then the producer is entitled to 100
percent of the indemnity payment for the
first crop.
If the
producer plants a second crop, then the producer will receive an initial
indemnity payment up to 35 percent of the total calculated
indemnity payment for the first crop.
The Managers intend that the Secretary adjust the percentage paid as necessary
to prevent abuse of the
program. If the producer is not
paid an indemnity on the second crop, then the producer will receive an
additional indemnity payment equal to
the total calculated indemnity on the
first crop less the initial indemnity payment. If an indemnity is
paid with respect to the second crop, then the
producer is not entitled to receive the
additional indemnity payment with respect to the first crop.
In the
case of a producer who chooses to plant a second crop, the premium owed
for insurance on the first crop will be reduced
commensurate with any reduction in indemnity
payment received on the first crop. If no indemnity is paid on the
second crop, then the producer
owes the full premium for insurance on
the first crop.
With regard
to prevented planting, the Conference substitute provides a producer with
two options if a first crop is prevented from being
planted. If the producer chooses
not to plant a second crop, then the producer may collect 100 percent of
the prevented planting guarantee for
the first crop.
If the
producer plants a second crop, then the producer will receive up to 35
percent of the prevented planting guarantee for the first crop.
The Managers intend that the Secretary
adjust the percentage paid as necessary to prevent abuse of the program.
In addition, except for
producers who double crop in a double
cropping area, a producer who plants a second crop will be assigned a recorded
yield of 60 percent of
the producer's actual production history
for the crop on which a prevented planting guarantee payment is received.
This will be used in
determining a producer's actual production
history for subsequent crop years for the first crop. The Corporation may
only pay the prevented
planting guarantee to a producer if the
conditions that prevented the first crop from being planted have also generally
affected other producers in
the area. In addition, the Corporation
may not make a prevented planting guarantee payment for the first crop
in the case of any producer who
plants a second crop before the latest
planting date for the first crop.
In the
case of a producer who chooses to plant a second crop, the producer's premium
for the first crop will be reduced commensurate
with any reduction in indemnity payment
received on the first crop.
The Conference
substitute provides that, notwithstanding the restrictions placed on double
insurance and prevented planting, a producer
will receive full indemnity payments and
prevented planting guarantees on 2 or more crops in a double cropping area.
There must be an
established practice of planting 2 or
more crops for harvest in the same crop year in the area, as determined
by the Corporation, and an
additional coverage policy or plan of
insurance must be offered with respect to the commodities planted on the
same acreage in the same crop
year. In addition, the producer
must have a history of planting 2 or more crops in the same year; the applicable
acreage must have historically
been planted to 2 or more crops in the
same year; and the second or subsequent crops must be customarily planted
after the first crop on the
same acreage in the same year. The
Managers intend that in determining when an agricultural commodity is customarily
double cropped in a
double cropping area, that the Corporation
consider the farming and irrigation practices applicable to the crops in
the area. (Section 108)
Noninsured Crop Disaster Assistance Program
The House bill amends section 196(i) of the AMTA in paragraph (1) by striking
"gross revenues" wherever it appears and inserting
"gross income" and by striking paragraph
(4) and adding a new paragraph (4).
Paragraph
(4) provides that a person with a qualifying adjusted gross income of greater
than $2 million during the taxable year is
ineligible to receive NAP assistance.
The House
bill also amends section 196(b) of the FAIR Act of 1996 to require that
to be eligible for NAP, producers must provide
annually to the Secretary, acting through
the agency, records of crop acreage, acreage yields, and production for
each eligible crop. (Sections
111 and 205)
The Senate
amendment amends section 196(a)(2) of AMTA by adding a new subparagraph
(C) allowing the Secretary to consider all
varieties of a crop eligible for NAP as
a single eligible crop for program purposes.
Amends
section 196(b)(1) relative to when a producer must apply for NAP assistance,
striking discretionary authority for the Secretary to
determine the application deadline and
inserting the requirement that producers apply not later than March 15.
Strikes
paragraph 196(b)(2) providing the Secretary discretionary authority pertaining
to what production records a producer must
submit, and inserting a requirement that,
to be eligible for NAP, producers must annually submit crop acreage, acreage
yields, and production
for each crop.
Amends
paragraph 196(b)(3) to require annual reporting of acreage planted or prevented
from being planted.
Strikes
section 196(c) relating to loss requirements and inserts a new subsection
(c) relative to the same.
Provides
that a producer of an eligible crop must have suffered a loss of a noninsured
crop as a result of drought, flood, or other natural
disaster as determined by the Secretary.
Authorizes
the Secretary to make payments under NAP once a drought, flood, or other
natural disaster determination is made.
Changes
the prevented planting payment trigger for eligible crops from a 35 percent
acreage threshold to a 15 percent acreage
threshold.
Authorizes
the Secretary to make a NAP payment irrespective of any area loss trigger.
Amends
section 196 by inserting a new subsection (j) and (k) relative to new eligible
crops and service fees, respectively, and
designating the current subsection (j)
as subsection (l).
Provides
under section 196(j)(1) that the NAP payment to a producer of an eligible
crop that is new to an area will be equal to 35 percent
of the established yield for the first
year the crop is produced.
Provides
that the NAP payment to a producer of an eligible crop that is new to an
area will be equal to 45 percent of the established yield
for the second through fourth years the
crop is produced, except where a NAP payment was made in the first year
in which case the payment is
35 percent.
Makes a
producer of an eligible crop ineligible for a NAP payment where the producer
collects a NAP payment in the first 2 crop years,
until such time that the crop is produced
for 3 consecutive crop years with no reported losses.
Provides
for a service fee for NAP eligibility under section 196(k), requiring producers
to pay the Secretary an amount equal to the fee for
a CAT policy ($60 per crop per county)
or $200 per producer per county, not to exceed $600 per producer. Provides
for the waiver of NAP fees
for limited resource producers.
Provides
that NAP fees collected by the Secretary be deposited in the CCC Fund.
Makes amendments under this section applicable for
the 2001 through 2004 crop years.
(Section 106)
The Conference
substitute adopts the Senate provision relative to the Noninsured Crop
Disaster Assistance Program with changes.
Producers are required to make an application
for NAP eligibility not later than 30 days before the beginning of the
coverage period. Changes
relative to prevented planting and yields
for new NAP eligible crops provided under the Senate amendment are omitted.
The NAP fee provided
in the Senate amendment is modified to
require producers to pay the lesser of $100 per crop per county or $300
per producer per county, but
not to exceed $900 per producer.
(Section 109)
Subtitle B – Improving Program Integrity
Improving Program Compliance and Integrity
The House
bill amends section 506(q) by designating paragraphs (1) and (2) as (2)
and (3), creating paragraph (1) relative to purposes,
and creating new paragraphs (4) through
(7) relative to certain compliance requirements.
Paragraph
(4) requires the Secretary to develop and implement a coordinated plan
for FCIC and FSA to reconcile information received
from producers and, beginning with the
2000 crop year, requires FCIC and FSA to annually conduct such reconciliation
to identify and address
any discrepancies.
Paragraph
(5) requires the Secretary to develop and implement a coordinated plan
for FSA to assist FCIC in ongoing monitoring of FCIA
programs, including conducting fact findings
relative to allegations of fraud, waste or abuse at the request of FCIC
or on its own initiative after
consultation with FCIC; reporting fraud,
waste, abuse, and program vulnerabilities to FCIC; assisting FCIC in auditing
a statistically appropriate
number of claims. Also provides
that the Secretary ensure that FSA personnel are appropriately trained
and, at minimum, receive the same
training and testing as loss adjusters.
Requires
maintenance of effort on the part of approved insurance providers in conducting
audits of claims, requires FCIC to respond
within 90 days of receiving notice by
approved insurance providers of intentional violations, and requires a
coordinated response to violations by
FCIC and approved insurance providers.
Paragraph
(6) requires the Secretary to establish a mechanism under which state FSA
committees are consulted concerning policies
and plans of insurance offered in the
state.
Paragraph (7) requires the Secretary to
submit an annual report to the House and Senate Agriculture Committees
containing findings relative to
the efforts undertaken in paragraphs (4)
and (5), identifying specific incidences of fraud, waste, and abuse along
with actions taken to eliminate
the same.
The House
bill amends section 506(n) by striking "penalties" where it occurs and
inserting "sanctions" and redesignating paragraph (2)
as paragraph (3).
Strikes
paragraph (1) relative to false information and inserts new paragraph (1)
relating to the same.
Provides
that a producer, agent, loss, adjuster, approved insurance provider, or
other person that intentionally provides false or
inaccurate information to FCIC or to an
approved insurance provider with respect to a policy may, after notice
and opportunity for a hearing, be
subject to sanctions.
Provides
that sanctions include a civil fine not to exceed the greater of the amount
of the pecuniary gain obtained by the violator or
$10,000; debarment of a producer from
specified farm programs for up to 5 years; and debarment of other persons
from benefits under the
FCIA for up to 5 years. Also provides
that FCIC may require the producer to forfeit any premium owed notwithstanding
denial of a claim or
collection of overpayment if the violation
is material.
Requires
sanctions be disclosed on each policy. (Sections 202 and 203)
The Senate
amendment strikes section 506(n), relative to penalties for false information,
and provides a new subsection (n) relative to
sanctions for program noncompliance and
fraud.
Provides
that a producer, agent, loss, adjuster, approved insurance provider, or
other person that intentionally provides false or
inaccurate information to FCIC or to an
approved insurance provider with respect to a policy may, after notice
and opportunity for a hearing, be
subject to a sanction under this subsection.
Provides
that a producer, agent, loss adjuster, approved insurance provider, or
other person that intentionally fails to comply with an FCIC
requirement is subject to sanctions, and
that any such person (other than a producer) intentionally failing to comply
with an SRA is also subject to
sanctions.
Provides
sanctions for material violations relative to providing false information
and compliance failure. Sanctions include a civil fine not
to exceed the greater of the amount of
the pecuniary gain obtained by the violator or $10,000; debarment of a
producer from all farm programs
for up to 5 years; and debarment of other
persons from benefits under the FCIA for up to 5 years.
Requires
the Secretary to consider the gravity of the violation in determining whether
to impose a sanction and the amount or degree of
any sanction imposed. Also requires
disclosure of sanctions on each policy of insurance.
Requires
that funds collected under this subsection be deposited into the insurance
fund provided under section 516(c)(1) of the FCIA
(general FCIA insurance fund). Amends
section 516(c)(1) of the FCIA by striking paragraph (1) and inserting a
new paragraph (1) providing
that, along with premium income and amounts
under section 516(a)(2), sanctions fees are to be deposited in this fund.
The Senate
amendment amends section 506(q) of the FCIA, relative to program compliance,
by adding at the end paragraphs (3) and
(4).
Paragraph
(3) requires FCIC to develop procedures for an annual review of each agent
and loss adjuster by approved insurance
providers, oversee such review, and consult
with approved insurance providers relative to any remedial action required.
Requires
FCIC to file a report with the House and Senate Agriculture Committees
by the end of each fiscal year relative to compliance,
along with recommendations for any necessary
legislative or administrative changes. (Sections 303 and 304)
The Conference
substitute adopts the House provisions relative to improving compliance
and integrity with modifications. Procedures
with respect to FSA inquiries into fraud,
waste, and abuse as well as notice and response requirements concerning
allegations of fraud, waste,
and abuse are clarified. The Secretary
is required to establish procedures by which the Corporation will be able
to identify agents and loss
adjusters with disparate performance records
in order to conduct a review and take remedial action where appropriate.
Certain information,
including the name and identification
number of each insured and the crop to be insured, the elected coverage
level, and price election selected
must be received by the Corporation approximately
30 days subsequent to the sales closing date. The Conference substitute
also adopts the
Senate provision relative to sanctions
for program noncompliance and fraud, with a minor change to exclude the
failure to comply with a
Standard Reinsurance Agreement from the
class of activities that would trigger the imposition of sanctions enumerated
under this section. The
Conference substitute further adopts the
Senate provision to require the Corporation to develop procedures for approved
insurance providers to
review the performance of agents and loss
adjusters. Finally, the Conference substitute adopts provisions to
require the Secretary to upgrade
information management systems and use
data mining and data warehousing technologies, including contracting with
private entities with
expertise in this area, in implementing
compliance provisions. Limited funding is authorized for fiscal years
2001 through 2005 to carry out
these compliance activities, excluding
salaries. (Section 121)
In an effort
to combat fraud and abuse in the crop insurance program, the Managers direct
the Secretary to develop and implement a
coordinated plan for the Farm Service
Agency to assist the Corporation in monitoring and reporting on crop insurance
program activity at the
local field level. In addition, the Corporation
must establish a working relationship with insurance providers in order
that information regarding
fraud, waste, and abuse may be reported
to the Corporation without fear of legal reprisal to the insurance providers.
The Managers expect the
Secretary to ensure that each of the agency
roles are clearly defined with the Corporation responsible for implementing
all rules and regulations
relating to the insurance program.
The Managers
expect that the Corporation will make full use of the capabilities of information
management systems, specifically data
warehousing and data mining technologies,
both within or outside of the Federal government, to fulfill the requirements
of this section to improve
the compliance and integrity of the Federal
crop insurance program. The Managers expect the Corporation to use
funds made available by this
Act, or otherwise available, to contract
with the Center for Agribusiness Excellence at Tarleton State University
and the Center for Agribusiness
and Agrotechnologies at Bradley University
for management and development of a system to implement the requirements
of this section.
The Managers
direct the Corporation to place the highest financial priority and emphasis
on the interactive computer operations to
ensure that participating insurance companies
are able to accurately transmit financial data back to the agency.
Protection of Confidential Information
The House
bill amends section 502 by adding a new subsection (c) relative to the
protection of confidential information.
Prohibits
the Secretary, any other officer, employee, or agency of USDA, an approved
insurance provider and its employees and
contractors, and any other person from
disclosing producer-derived information to the public unless it is transformed
into a statistical or
aggregate form that does not reveal the
producer's identity.
Provides
for penalties consistent with section 1770(c) of the Food Security Act
of 1985, including fines up to $10,000 and or
imprisonment for up to 1 year. (Section
204)
The Senate
amendment has no comparable provision.
The Conference
substitute adopts the House provision protecting producer confidentiality
with a minor change to allow producers to
consent to the release of otherwise protected
information as long as program eligibility is not conditioned upon the
release. (Section 122)
Good Farming Practices
The House
bill amends section 508(a)(3)(C) relative to losses excluded from coverage
by clarifying that scientifically sound sustainable
and organic farming practices are good
farming practices. (Section 309)
The Senate
amendment is substantially the same as the House bill.
The Conference
substitute adopts the Senate provision relative to the inclusion of scientifically
sound sustainable and organic farming
practices as good farming practices for
purposes of what constitutes an insurable loss under the Federal Crop Insurance
Act. The Conference
substitute further requires that producers
be provided with an informal administrative review of a determination regarding
good farming
practices but proscribes any such review
pursuant to the National Appeals Division. Producers have a right
to judicial review relative to a
determination regarding good farming practices
without having to exhaust any informal administrative review. However,
any determination
regarding good farming practices may not
be reversed under a judicial review unless it is found to be arbitrary
or capricious. (Section 123)
The Managers
understand that producers of organic cotton who destroy their crop when
it has been exposed to chemicals used in boll
weevil eradication are currently being
penalized relative to their actual production history despite the fact
that they do not qualify for a crop
insurance indemnity. The Managers
expect the Corporation to immediately rectify this inequity with respect
to any producer of an organic crop
who must destroy that crop in order to
maintain organic certification. To the extent that no indemnity is
received for a lost crop under these
circumstances, no penalty relative to
actual production history should obtain.
Records and Reporting
The House
bill amends section 508(f)(3)(A) of the FCIA relative to producer reporting
requirements.
Requires
producers participating in the crop insurance program to annually report
records acceptable to the Secretary regarding crop
acreage, acreage yields, and production
for each crop insured.
Amends
section 506(h) of the FCIA by requiring the coordination of records kept
under the FCIA and under the NAP program to avoid
duplication, to streamline submission
procedures, and to enhance accuracy.
Provides
that such records collected under NAP and the FCIA be made available to
appropriate state and federal agencies to carry out
these programs and other agricultural
programs and related responsibilities.
Amends
section 196(b) of the FAIR Act of 1996 to require that to be eligible for
NAP, producers must provide annually to the Secretary,
acting through the agency, records of
crop acreage, acreage yields, and production for each eligible crop. (Section
205)
The Senate
amendment amends section 508(f)(3)(A) of the FCIA relative to producer
reporting requirements.
Requires
producers participating in the crop insurance program to annually report
records acceptable to the Secretary regarding crop
acreage, acreage yields, and production
for each crop insured.
Amends
section 506(h) of the FCIA by requiring the coordination of records kept
under the FCIA and under the NAP program to avoid
duplication, to streamline submission
procedures, and to enhance accuracy.
Provides
that such records collected under NAP and the FCIA be made available to
appropriate state and federal agencies to carry out
these programs and other agricultural
programs and related responsibilities.
The Senate
amendment also strikes paragraph 196(b)(2) providing the Secretary discretionary
authority pertaining to what production
records a producer must submit, and inserting
a requirement that, to be eligible for NAP, producers must annually submit
crop acreage, acreage
yields, and production for each crop.
Amends paragraph 196(b)(3) to require annual reporting of acreage planted
or prevented from being
planted. (Sections 306 and 106)
The Conference
substitute adopts the House provision with changes to omit provisions dealt
with elsewhere in the Act. (Section 124)
Subtitle C—Research and Pilot Programs
Research and Development
The House
bill amends section 508(h) by adding a new paragraph (6) relative to reimbursement
of research, development, and
maintenance costs.
Requires
FCIC to reimburse an applicant for research, development, and maintenance
costs directly related to a policy submitted to and
approved by the Board and, if applicable,
sold to producers.
Authorizes
payments to applicants beginning with fiscal year 2001 and limits reimbursement
for maintenance to no more than 4
reinsurance years from approval, after
which FCIC assumes maintenance of successful policies.
Provides
that payments under this paragraph be considered payment in full for research
and development and any property rights.
Requires
FCIC to determine the amount of reimbursement based upon the complexity
of the policy or material and the size of the area to
be served. Requires FCIC to issue
final regulations not later than October 1, 2000.
The House
bill also authorizes $55 million for each fiscal year for reimbursement
and direct contracting for research and development of
new policies.
The House
bill amends section 508(m) by adding a new paragraph (4).
Paragraph
(4) requires FCIC to make full use of the reimbursement provisions of section
508(h) to encourage and promote private
research and development of new policies
and plans of insurance.
Provides
that where FCIC determines that a crop, including a specialty crop, is
not adequately served by crop insurance, FCIC may enter
into contracts directly with any person
or entity with experience in crop insurance or farm or ranch risk management,
including universities,
approved insurance providers, and trade
and research organizations, to conduct research and development, without
regard to the limitations
contained in the FCIA.
Provides
that the authority of FCIC to contract for the research and development
of policies, includes research and development for
policies based on adjusted gross income,
cost of production, quality losses, and an intermediate base program with
a higher coverage and cost
than "CAT".
Delays
effective date of contracting authority until October 1, 2000.
Provides
that FCIC may offer any policy developed under this subparagraph that is
approved by the Board.
Requires
FCIC to contract for research and development regarding one or more revenue
coverage plans involving current or new market
instruments. Requires FCIC to report
the results of the contract within 15 months from enactment of this paragraph.
Amends
section 508(m)(2) relative to the prohibition of FCIC research with respect
to risk protection generally available from the private
sector, to prohibit FCIC from conducting
its own research and development of new policies on or after October 1,
2000. Provides that FCIC
may continue to offer any policies developed
by FCIC before that date.
Amends
section 508(m) by adding a new paragraph (5), relative to partnerships
for risk management development and implementation.
Authorizes
FCIC to enter into partnerships with public and private entities to increase
the availability of loss mitigation, financial, and risk
management tools for producers of crops
covered under NAP and other under-served and specialty crop producers.
Authorizes
FCIC to enter into partnerships with CSREES, ARS, NOAA, and other appropriate
public and private entities with
demonstrated ability in developing and
implementing risk management and marketing options for specialty and under-served
crops.
Provides
a list of objectives to be obtained as a result of any partnerships.
Provides
that funds not used for reimbursements or for direct contracting for specialty
and under-served crops may be used by FCIC to
enter into such partnerships.
Provides
that funding for partnerships during fiscal years 2001 through 2004 are
available where amounts used for reimbursements and
direct contracting are less than $44 million,
$47 million, $50 million, and $52 million for fiscal years 2001 through
2004, respectively, and where
the amount for partnerships does not exceed
the difference between the amounts provided above and the amount actually
spent thereon.
This paragraph
is applicable beginning on October 1, 2000.
The House
bill amends section 508(h)(6) by adding a new subparagraph (E) relative
to expenditures on reimbursements and direct
contracting for research and development.
Provides
that of the amounts made available for reimbursements and direct contracting
for research and development, $25 million shall
be reserved for direct contracting for
specialty and under-served crops. Provides that any unused portions
of the reserved amount may be used
for reimbursements, with priority for
under-served crops. Also provides that of the amounts made available
for reimbursements and direct
contracting for research and development,
more than $25 million may be used for contracting for specialty and under-served
crops where
necessary.
Authorizes
$55 million for each fiscal year for reimbursement and direct contracting
for research and development of new policies.
Amends
section 516(a)(2) by adding a new subparagraph (D) authorizing appropriations
for costs associated with research,
development, and maintenance costs.
Amends
section 516(b)(1) by adding a new subparagraph (E) authorizing reimbursements,
research, and development costs to be paid
by the FCIA Fund. (Section 302,
303 and 304)
The Senate
amendment provides that with respect to research and analysis concerning
any crop insurance issue, including outreach,
education, pilot programs, or the development
of new plans of insurance, FCIC is limited to the authority provided under
the newly created
section 522 and the funds made available
under section 516(b)(2)(A) of the FCIA when contracting or reimbursing
research costs related to
policy development or modification.
Newly created section 523 relative to specialty crops is exempted from
this limitation.
Requires
that FCIC establish the development of a pasture, range, and forage program
to promote land stewardship as "1 of the highest
research and development priorities."
Requires
FCIC to contract for a study to determine whether the development of a
plan of insurance providing coverage for multiple years
would curb fraud and abuse, and requires
a report on findings to the House and Senate Agriculture Committee within
1 year of enactment.
The Senate
amendment also amends the FCIA by adding at the end section 523, relative
to specialty crops.
Authorizes
the Specialty Crops Coordinator to make grants or enter into contract for
research and development of policies to serve
under-served specialty crops and reimburse
costs associated with such research and development.
Authorizes
the Specialty Crops Coordinator to enter into partnerships with public
and private entities to increase the availability of risk
management tools for specialty crop producers.
Authorizes
$20 million in funding from section 516(c)(1) (FCIA Fund) for each of fiscal
years 2001 through 2004 to enter into cooperative
agreements with public and private entities
to develop and implement risk management tools for specialty crop producers.
Provides that such
amounts may not come from section 516(b)(2)(A).
Provides
a list of objectives to be obtained as a result of any partnerships.
Prohibits
FCIC from establishing a sales closing date for specialty crops that is
before the end of the 120-day period beginning on the
date of the final release of materials
for policies from RMA and the Specialty Crops Coordinator.
Allows
producers of specialty crops to purchase new coverage or increase coverage
levels at any time during the insurance period,
subject to a 30-day waiting period and
an inspection by FCIC to verify acceptability of the approved insurance
provider, provided FCIC is able
to adequately rate the risk.
Requires
FCIC and the Specialty Crop Coordinator to jointly conduct feasibility
studies for developing new policies for specialty crops,
and requires a progress report to Congress
not later than 1 year from the date of enactment.
The authority
for the Specialty Crops Coordinator to enter into partnerships and the
extension of the sales closing date and time for
purchase of coverage is applicable for
the 2001 through 2004 fiscal years.
Requires
that not later than 180 days after enactment, the Secretary must submit
a report to the President and the House and Senate
Agriculture Committees assessing USDA's
progress in expanding coverage to specialty crops and USDA's plans to continue
that progress.
Also requires
that the report include an assessment of whether "CAT" has resulted in
uniform quality of protection for all regions of the
country and fulfilled the goal of increased
participation, especially in states with traditionally low participation
rates and high proportion of
specialty crops. The report should
also address the question of whether USDA should resume offering CAT and
performing loss adjustments.
The Senate
amendment strikes subsection (m) providing FCIC its current authority to
conduct research, surveys, pilot programs, and
investigations relating to crop insurance
and agriculture-related risks and losses. Subsection (n) is designated
as subsection (m).
Amends
section 516(b)(2)(A) to increase mandatory funding for research and development
expenses from not to exceed $3.5 million for
each fiscal year to $4.5 million in fiscal
years 2001 and 2002, $3.75 million in fiscal years 2003 and 2004, and returning
to $3.5 million for each
subsequent fiscal year.
Provides
a conforming amendment relative to section references in section 518, defining
agricultural commodity. (Section 202, 207 and
309)
The Conference
substitute adopts the House provisions relative to reimbursements, contracting,
and partnership for policy research and
development with certain changes.
The provision includes authority to reimburse research and development
costs associated with policies
developed before enactment. Reimbursement
for research and development costs is limited to policies that are determined
to be marketable.
Reimbursement for maintenance is limited
to 4 reinsurance years from the date of Board approval after which the
provider responsible for
maintenance has three options. The
provider may transfer maintenance responsibility to the Corporation, charge
a Board-approved fee to be
paid by other providers electing to offer
the policy, or continue to maintain the policy and absorb the appurtenant
costs. The provision authorizes
the Corporation to enter into contracts
for research and development on policies in order to (1) increase participation
in States where the
Corporation determines there is low crop
insurance participation or availability, and the State is under-served
by the program; (2) increase
participation in areas that are under-served
by the program; and (3) increase participation by producers of under-served
agricultural
commodities, including specialty crops.
The provision requires the Corporation to consult with groups representing
producers that would be
served by a policy that is the subject
of the research and development before entering into a contract.
The Conference substitute adopts the
Senate provisions to require the Corporation
to establish the development of a pasture, range, and forage program as
one of the highest
priorities and to require the Corporation
to contract for a study relative to offering coverage for multiple years
to reduce fraud, waste, and abuse.
Provisions are included to make partnership
authority under this section eligible for funding for contracting, and
to reserve $5 million of such
funding for contracting for policy development
to increase participation in States where the Corporation determines there
is low crop insurance
participation or availability and the
State is under-served by the program. The Managers consider it a
high priority to develop policies that work
for producers and products in these low
participation states. The provision also requires the Corporation
to contract for research and
development relative to a cost of production
policy. Finally, funding for reimbursements and contracting are limited
to new levels. (Section 131)
The Managers
recognize that it is difficult to predict the range of new and innovative
approaches to the private development of insurance
products under the new environment created
under this bill. There is no reason to believe all policies will
necessarily fit under the current
structure of yield-based or revenue-based
products; some may focus on a narrower array of perils than are now included
in available coverage.
These could include plans to protect against
the uncontrollable risks associated with the use of certain conservation
techniques such as
integrated pest management, best management
practices, or conservation tillage systems. The Corporation should
take such factors into
account when considering approval of such
proposals.
The Managers
expect the Corporation to study the feasibility of offering a vine and
tree replacement program as an option for growers of
grapes, citrus, tree fruit, nut, kiwi,
blueberries, and other high-value, permanent crops.
Pilot Program
The House bill amends section 508(h) by repealing obsolete pilot programs
contained in paragraphs (6) and (8) relative to cost of
production and assigned yields, respectively.
Authorizes
FCIC to offer pilot programs on a regional, state, or national basis after
considering the interests of producers and the
interests and risks of FCIC, and to operate
the pilot program, including any modifications, for up to 3 years with
authority to extend for additional
periods.
Amends
section 508(h)(4) to require FCIC to promulgate regulations within 180
days of enactment to establish guidelines for the
submission and Board review of policies
submitted under section 508(h), including streamlined guidelines governing
the submission and Board
review of pilot programs that the Board
determines are limited in scope and duration and involve a reduced level
of liability to the government
and an increased level of liability to
the approved insurance provider.
Provides
that FCIC must notify the applicant of its intent to disapprove a low risk
pilot program within 60 days of the submission.
Requires
FCIC to approve or not approve a low risk pilot program within 90 days
of submission, and requires a detailed explanation for
any disapproval.
Provides
that where FCIC fails to make a timely determination with respect to a
low risk pilot program, the pilot is approved for the initial
reinsurance year unless an extension is
agreed to.
Amends
section 508(h) by striking paragraph (10) relative to time limits for submission
of new policies and inserts a new paragraph (10)
relative to livestock pilot programs.
Requires
FCIC to conduct 1 or more livestock pilot programs to evaluate risk management
tools, including futures and options contracts
and policies and plans of insurance, including
protection for environmental liability, and requires that the greatest
number and variety of
programs be evaluated.
Requires
FCIC to begin the conduct of livestock pilot programs during the 2001 fiscal
year and without regard to the limitations in the
FCIA, except that no coverage may be offered
where that coverage is generally available from private insurance.
Requires
FCIC to conduct the livestock pilot programs in a number of counties that
will facilitate comprehensive evaluation, and provides
that any producer of eligible livestock
owning a farm or ranch in a selected county is eligible to participate.
Defines
livestock as cattle, sheep, swine, goats, and poultry.
Requires
FCIC to operate all livestock pilot programs so that, to the maximum extent
practicable, associated costs (other than for
research and development) are not expected
to exceed $20 million for fiscal year 2001, $30 million for fiscal year
2002, $40 million for fiscal
year 2003, and $55 million for fiscal
year 2004 and each subsequent fiscal year.
Amends
section 518 of the FCIA by striking the livestock exclusion from insurance.
(Section 105)
The Senate
amendment authorizes FCIC to conduct research, surveys, pilot programs,
and investigations relating to crop insurance and
agriculture-related risks and losses based
on proposals developed by FCIC and others to determine their suitability
to meet producer needs.
Provides
an exception that FCIC may not conduct such research activity to provide
risk protection where such protection is generally
available from the private sector.
Provides
under newly created section 522(a)(3) a list of eligible activities for
research activity, including after October 1, 2000, livestock
and livestock products, wild salmon, and
loss or damage to trees or fruit due to "sharka."
Clarifies
the scope of pilot programs under newly created section 522(a)(4).
Authorizes FCIC to offer pilot programs on a regional, state,
or national basis after considering the
interests of producers and the interests and risks of FCIC, and to operate
the pilot program, including any
modifications, for up to 4 years with
authority to extend for additional periods. Also authorizes FCIC
to provide premium discounts to producers
using whole farm or single crop units
of insurance and to cross state and county boundaries to form units.
Requires
under newly created section 522(a)(5) that FCIC evaluate each pilot program
and submit a report to the Senate and House
Agriculture Committees with a recommendation
on whether to offer the pilot on a national basis.
Authorizes
under newly created section 522(a)(6) funds to carry out research and pilot
programs (except for research related to
alternative rating methodologies authorized
under section 202 of the Senate amendment). Authorized amounts may
not exceed $10 million in
FY2001, $30 million in FY2002, $50 million
in FY2003, and $60 million in FY2004.
Provides
that provisions under section 201 of the Senate amendment that require
funding are applicable for fiscal years 2001 through
2004, including authority for timber,
wild salmon, and livestock coverage, general pilot authority, and general
research funding.
The Senate amendment provides that the purpose of the pilot program is
to determine what incentives are necessary for approved
insurance providers to develop and offer
risk management products, rate premiums, and competitively market such
products.
Requires
FCIC to establish a pilot program under which approved insurance providers
may propose to the FCIC Board loss of yield or
revenue insurance coverage for 1 or more
commodities, including commodities not insurable (but excluding livestock),
rates of premium, and
underwriting systems.
Requires
FCIC to approve the risk management product before it can be marketed.
Provides
that the FCIC Board may approve a risk management product submitted if
the Board determines that the interests of producers
are protected; premium rates are actuarially
appropriate and underwriting systems are actuarially appropriate and adequate;
the product is
reinsured under the FCIA, through private
reinsurance, or self-insured; the size of the pilot is adequate; the product
is not generally available
through private insurance plans; and any
other requirements imposed by FCIC.
Requires
that all information concerning a risk management product be considered
confidential commercial or financial information, and
provides the standard that if the Secretary
could withhold such information, the information may not be released.
Defines
original provider as an approved insurance provider that submits a product
for approval under this section. Provides that risk
management products approved under this
section may only be sold by the original provider, unless another approved
insurance provider
desiring to offer the product pays a fee
established by the original provider. (Sections 201 and 205)
The Conference substitute adopts the Senate provisions relative to the
scope of pilot programs and to a pilot program for insurance
coverage on wild salmon. Pilot authority
for insurance coverage for timber due to drought, flood, fire or other
natural disaster and for trees or fruit
affected by plum pox (including quarantined
trees or fruit) are omitted because statutory authority currently exists
to insure the crops against
these perils. The House bill language
relative to expedited consideration of low risk pilot programs is omitted.
The Conference substitute
adopts the House bill’s provision relative
to livestock pilot programs, except that pilot authority to offer insurance
coverage for environmental
liability is omitted and the definition
of livestock is modified to include but not be limited to the livestock
referenced in the House bill. Funding for
all livestock programs is also limited
to new levels. The provision authorizes a premium-rate reduction
pilot program. Finally, House bill
language clarifying regulatory jurisdiction
over policies or plans of insurance is included but in a separate section
of the Act.
(Section 132)
The Managers
intend for the Corporation to proceed with crop insurance coverage for
sorghum silage beginning with the 2001 crop year
by implementing the pilot program that
was drafted and presented to grain sorghum producers in October of 1999.
The Corporation shall
develop the program in a way that provides
sorghum silage the same coverage as corn silage with the program to be
fully developed by
September 30, 2000.
The Managers
are aware of proposals to implement a pilot insurance policy to provide
coverage on timber losses resulting from drought,
flood, fire, or other natural disaster.
The Managers expect the Corporation to implement this pilot under current
authority, with special
consideration given to Florida.
The Managers
are aware of the serious concerns the plum pox virus is causing in several
states, including Pennsylvania. The Managers
believe the Corporation has the same authority
to develop a policy to provide coverage for plum pox as has been developed
for citrus canker.
The Managers expect the Corporation to
develop an insurance policy that provides coverage for trees against losses
associated with plum pox
virus.
The Managers
intend that the premium rate reduction pilot program authorized by this
provision explore whether premium rate
competition can benefit producers without
harming program integrity or the crop insurance delivery system.
The Managers hope and expect
that the Corporation will approve proposed
premium reductions, as long as such proposed reductions meet the standards
of approval contained
in Section 132(d) of the Conference substitute.
The Managers
are aware that Section 508(e)(3) of the Federal Crop Insurance Act already
authorizes premium reductions if an
approved insurance provider can demonstrate
to the Corporation that it can provide crop insurance more efficiently
than the expense
reimbursement provided by the Corporation.
The 508(e)(3) standard, however, is too limiting because an approved insurance
provider’s gross
income includes underwriting gain as well
as the expense reimbursement. As a result, the Managers intend that
the limitations on premium
reductions contained in Section 508(e)(3)
of the Federal Crop Insurance Act not apply to the premium rate reduction
pilot program authorized by
this provision.
Education and Risk Management Assistance
The Senate
amendment requires FCIC to establish two programs for the fiscal years
2001 through 2004, not to exceed the available
funding limitations.
Requires
FCIC to establish a program of education and information for states in
which there is traditionally and continues to be a low
level of program participation and coverage
availability, and which the Secretary determines is under-served.
Requires
FCIC to establish a program of research and development to develop new
approaches to increasing participation in states in
which there is traditionally and continues
to be a low level of program participation and coverage availability, and
which the Secretary
determines is under-served. Requires
that $10 million in each of fiscal years 2001 through 2004 be made available
for the Education,
Information, and Insurance Provider Recruitment
program from the account provided under section 516(a)(2)(C) (mandatory
funding account for
risk management payments).
Requires
that $5 million in each of fiscal years 2001 through 2004 be made available
for the Research and Development program from
the account provided under section 516(a)(2)(C)
(mandatory funding account for risk management payments). (Section
206)
The House
bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to education and research
with certain changes. The provision
authorizing the Corporation to establish
a program of research and development for new approaches to increase program
participation in
specified states is omitted and partnerships
for risk management education is authorized. The Secretary, acting
through the CSREES, is
required to establish a program under
which competitive grants are made to qualified persons for the purpose
of educating producers about risk
management activities. Funding for
the education and information program provided under the Senate amendment
and the partnerships for risk
management education program are each
limited to $5 million for each fiscal year beginning with 2001. The
provision also provides for an
agricultural management assistance program
under which the Secretary is to offer cost share assistance to producers
located in states with
historically low crop insurance participation
for the uses as specified in the Act. Funding for this program is
limited to $10 million for each fiscal
year beginning with 2001. (Section
133)
Farmers
have voiced support for marketing clubs, supported through small grants
from USDA. The clubs provide an opportunity for
farmers to improve their understanding
of marketing and managing price risk by sharing their marketing experiences
with their peers. The
Managers encourage the Secretary to continue
to support development of marketing clubs for farmers.
Options Pilot Program
The Senate
amendment amends section 191 of the AMTA relative to options pilot program
authority by extending such authority until
December 31, 2004.
Expands
authority to operate options pilot programs from not more than 100 counties
with a limit of 6 counties per state, to not more than
300 counties with a limit of 25 counties
per state.
Authorizes
the Secretary to enter into a contract with any producer who volunteers
to participate in the pilot program during any calendar
year in which a county in which the farm
of the producer is located is authorized to operate the pilot program.
Requires
FCIC transfer $27 million for each of fiscal years 2002 through 2004 from
section 516(a)(2)(C) (mandatory funds for risk
management payments) to the Secretary
to fund the operation of the expanded options pilot program. (Section
204)
The House
bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to the options pilot program
with certain changes. Authority to conduct
the options pilot program is expanded
to include an increased number of counties with such authority continuing
until the expiration of the 1996
Farm Bill. Finally, funding is limited
under this section. (Section 134)
Subtitle D—Administration
Relation to Other Laws
The House bill provides that any policy or plan of insurance offered under
the FCIA is not subject to the jurisdiction of the CFTC or SEC.
Provides a savings clause that states
that the provision does not affect the jurisdiction of the CFTC with respect
to transactions conducted on a
contract market.
The Senate amendment provides that any policy or plan of insurance offered
under the FCIA is not subject to the jurisdiction of the CFTC,
but does not affect the jurisdiction of
the CFTC with respect to transactions conducted on a contract market.
The Conference
substitute adopts the provision included in section 105 of the House Bill
relative to jurisdiction over policies or plans of
insurance and over any underlying instrument
utilized in such a policy or plan of insurance. (Section 141)
Management of Corporation
The House
bill strikes section 505(a) relative to the Board of Directors of FCIC
and inserts a new section 505(a) and (b), relative to the
same.
Provides
that the management of FCIC is to be vested in the Board of Directors,
subject to the supervision of the Secretary.
Provides
that the Board consist of the manager of FCIC (serving as a non voting
ex officio member), 1 member active in the crop
insurance business, 1 member active in
the regulation of insurance, the Under Secretary for Farm and Foreign Agricultural
Services, 1
additional Under Secretary for Agriculture,
USDA's Chief Economist, and 4 active producers who are policy holders,
are from different
geographic regions, represent a cross-section
of commodities grown, with 1 producer being a specialty crop producer.
Provides
that the private sector members of the Board be appointed and serve at
the pleasure of the Secretary, and not otherwise be
employed by the government.
Requires
that a private-sector member of the Board serve as its Chairman and be
elected by the Board.
Provides
that the amendment made by section 301 takes effect 30 days from enactment,
allowing current Board members to continue to
serve until the earlier of their replacement
date or 180 days after enactment. (Section 301)
The Senate
amendment strikes section 505(a) relative to the Board of Directors of
FCIC and inserts a new section 505(a).
Provides
that the management of FCIC is to be vested in the Board of Directors,
subject to the supervision of the Secretary.
Provides
that the Board consist of 4 producers from each region of the country,
1 member active in the crop insurance business, 1
member active in the reinsurance business,
the Under Secretary for Farm and Foreign Agricultural Services, the Under
Secretary for Rural
Development, and USDA's Chief Economist.
Provides
that the private sector members of the Board be appointed and serve at
the pleasure of the Secretary, not be employed by the
government, be appointed to staggered
4 year terms, and serve no more than 2 consecutive terms.
Requires
that a private sector member of the Board serve as its Chairman and be
elected by the Board.
Requires
RMA to assist the Board in developing, reviewing, and recommending new
plans of insurance and pilot projects, terms of the
SRA, and with other issues involved in
the administration of the program.
Provides
for the appointment of an Executive Director by the Secretary to assist
the Board and report to the Secretary.
Provides
for a staff of 4 to report to the Executive Director, all 4 having knowledge
and experience in quantitative mathematics and
actuarial rating.
Requires
the Executive Director and staff to assist the Board in reviewing and approving
policies and plans of insurance submitted under
sections 508, 522, or 523, and report
at least monthly to the Board on crop insurance issues.
Requires
the Executive Director and staff to review subsidized and unsubsidized
insurance, make recommendations for approval or
disapproval, make recommendations to encourage
cooperation between the U.S. attorneys, FCIC, and approved insurance providers
to
minimize fraud, and make recommendations
with respect to rating methodologies.
Provides
$500,000 for fiscal year 2001 from the FCIA Fund to pay the salaries and
expenses of the Executive Director and staff.
Requires
that RMA transfer $500,000 for fiscal year 2001, and $1 million for each
subsequent fiscal year to the Executive Director for
salaries and expenses, subject to the
availability of appropriations. (Section 301)
The Conference
substitute adopts the House provision relative to the composition of the
Corporation Board of Directors with changes to
permit the Secretary the option of appointing
1 person experienced in reinsurance or 1 person experienced in the regulation
of insurance,
requiring that Board members be limited
to two consecutive terms and be appointed for staggered 4-year terms.
The new Board is to be
appointed during the period beginning
February 1, 2001 and ending April 1, 2001. Finally, the Board of
Directors is required to contract with
persons experienced as actuaries and in
underwriting for expert reviews of policies and plans of insurance offered
under the Federal Crop
Insurance Act. Funding for such
reviews is authorized from mandatory funds formerly dedicated to research
and development. The authority
provided under this section, including
funding dedicated to carry out this section, is in addition to the general
management authority over the
Corporation, including any other contracting
authority under the title, that is vested in the Board of Directors.
(Section 142)
Contracting for Rating of Plans of Insurance
The House
bill amends section 507(c)(2) relative to requiring FCIC to contract for
certain services by including the contracting for
actuarial services, services relating
to loss adjustment, and rating plans of insurance. Underscores that
FCIC should concentrate on the
regulation of insurance and on the evaluation
process for newly developed policies under section 508(h). (Section
306)
Section
202 of the Senate amendment corresponds with sections 306 and 104 of House
bill
The Conference
substitute adopts the House provision relative to contracting for rating
plans of insurance. (Section 143)
Electronic Availability of Crop Insurance
Information
The House
bill amends section 508(a)(5) by making technical amendments and adding
a new subparagraph (B) relative to electronic
availability of crop insurance information.
Requires
FCIC to make general insurance information electronically available to
producers and insurance providers, and also requires,
where practicable, that FCIC allow producers
and providers to provide insurance information electronically. (Section
307)
The Senate
amendment has no comparable provision.
The Conference
substitute adopts the House provision relative to the electronic availability
of crop insurance information. (Section 144)
Adequate Coverage for States
The Senate
amendment amends section 508(a) adding paragraph (9) relative to adequate
coverage for states.
Defines
adequately served as having a participation rate that is at least 50 percent
of the national average.
Requires
FCIC to review policies offered by approved insurance providers to determine
if each state is adequately served.
Requires
that not later than 30 days after completion of the review, FCIC must submit
to Congress a report of the results along with
recommendations to increase participation
in states not adequately served. (Section 305)
The House
bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to adequate coverage for
states. (Section 145)
Submission of Policies and Materials to
Board
The House
bill amends section 508(h)(1) to clarify that a "person" that may propose
a policy to the Board for approval includes an
approved insurance provider, a college
or university, a cooperative or trade association, or other persons. Clarifies
that policies are to be sold
to producers by approved insurance providers.
Requires
FCIC to consider any modified policy proposal within 30 days from the submission
of the modifications, and requires that any
decision to disapprove a policy must be
accompanied by a complete explanation.
Requires
that FCIC make a determination to approve or disapprove a policy proposal
within 120 days from submission, and any
decision to disapprove a policy must be
accompanied by a complete explanation. Provides that the proposed
policy is approved for the initial
reinsurance year where FCIC fails to provide
a timely determination unless the parties agree to an extension.
Amends
section 516(b)(2) to authorize the current $3.5 million in mandatory funds
for research and development to be used for costs
associated with considering and contracting
for assistance in considering policies submitted for approval and carrying
out policies resulting
from direct contracting,
The House
bill also requires FCIC to issue regulations establishing guidelines within
180 days of enactment to govern the submission of
policies. (Sections 305 and 105)
The
Senate amendment amends section 508(h) by striking paragraphs (1) through
(4) relative to the submission, review and approval,
and guidelines for the same of new policies,
plans of insurance, or related materials, and inserts new paragraphs (1)
through (4) related to the
same.
Permits
persons to propose to the Board loss of yield or revenue insurance coverage
on an individual, area, or a combination of
individual and area basis for 1 or more
crops and rates of premium and underwriting systems for proposed or existing
policies.
Provides
that a proposal submitted under this subsection may be prepared without
regard to FCIA limitations, including actuarial
soundness, levels of coverage, rates of
premium, that the price level equal the expected market price and that
an approved insurance provider
must provide coverage for all crops throughout
the state where the provider elects to provide any coverage in the state.
Provides,
however, that FCIC may not pay a portion of the premium for a policy submitted
under this subsection that exceeds the amount
otherwise authorized under subsection
(e).
Requires
the Board to approve a proposal submitted under this subsection for subsidy
and reinsurance where the Board determines the
proposal adequately ensures the interests
of producers are protected, premiums are actuarially appropriate, underwriting
systems are
actuarially appropriate and adequate,
and is reinsured under this title, privately reinsured, or self-insured.
Provides
that rates of premium are actuarially appropriate where the rate is sufficient
to cover projected losses and expenses, a
reasonable reserve, and an amount of operating
and administrative expenses of the approved insurance provider under subsection
(d)(2).
Provides
that proposed underwriting plans may be on an area or individual farm basis
and must, at a minimum, specify factors such as
yield history for the farm or region,
soils and resource quality for the farm, and farm production practices.
Requires
FCIC to provide reinsurance to approved insurance providers to the maximum
extent practicable, and allows such providers to
obtain private reinsurance, reinsurance
under the FCIA, or to self-insure.
Requires
FCIC to prescribe standards for determining whether premium rates are actuarially
appropriate.
Establishes
guidelines with respect to any policy or other material submitted to the
Board after October 1, 2000.
Allows
FCIC to enter into more than 1 reinsurance agreement simultaneously with
an approved insurance provider to facilitate the offering
of the new policy.
Requires
FCIC to promulgate regulations establishing the procedure for the submission
of policies under this subsection, including the
standards applicable to a proposal, procedures
concerning the time limits and for opportunity to present the proposal
to the Board in person.
Provides
that a proposal submitted to the Board is considered approved unless the
Board disapproves the proposal by the date 60
business days after the later of submission
of the proposal or the date on which the applicant provides the Board notice
of intent to modify.
Requires
FCIC to provide notice by registered mail of intent to disapprove a proposal
not later than 15 days before the date the Board
intends to disapprove such proposal.
Provides
an applicant with the right to modify a proposal and provides that any
modified proposal be considered the original. Requires
an applicant to provide notice to the
Board of intent to modify a proposal within 5 days of notice by the Board
to disapprove such proposal.
Requires
FCIC to prescribe a reasonable deadline for submission of proposals that
approved insurance providers expect to market
during the reinsurance year.
Requires
that proposals submitted to the Board be considered confidential commercial
information, and further requires that if
information concerning a proposal could
be considered confidential, the information may not be released.
Provides
an exception to the standard of confidentiality where an approved insurance
provider agrees to pay a fee (prescribed under
section 307 of the Senate amendment) to
offer a policy developed by another provider.
Provides
that in lieu of publication in the Federal Register, a general summary
of a proposal must be made available to other providers
upon approval of the proposal by the Board,
including the identity of the provider, the coverage provided, and the
area to be served.
Strikes
paragraphs (6), (8), and (10) of section 508(h), related to a pilot cost
of production plan, a pilot program of assigned yields for
new producers, and time limits for submission
of proposals, and designates paragraphs (7) and (9) as (6) and (7), respectively.
Amends
section 516(b)(1) by adding a paragraph (D) authorizing FCIC to pay salaries
and expenses of the Executive Director and staff
for fiscal year 2001 from the FCIA fund,
but not to exceed $500,000. (Section 301)
The Conference
substitute adopts the House provision relative to the submission of policies
and materials to the Board with changes
regarding confidentiality requirements
governing policies. The requirement that policies be printed in the
Federal Register is also stricken from
the Federal Crop Insurance Act.
Funding provided under the House provision is incorporated into the Act
but under another section of the Title.
(Section 146)
Funding
The House bill amends section 516(a)(2) authorizing mandatory funds to
be used for costs associated with the conduct of livestock pilot
programs subject to the limitations above.
Amends section 516(b)(1) authorizing FCIC to fund livestock pilot programs
from the FCIA Fund.
Amends
section 516(a)(2) authorizing mandatory funds to be used for cost associated
with reimbursement and contracting for research
and development.
Amends section 516(b)(1) authorizing FCIC to fund reimbursement and contracting
from the FCIA fund.
Amends
section 516(b)(2) authorizing mandatory funds for costs associated with
considering policies and other materials and
implementing such policies. (Section 105,
304 and 305)
The Senate
amendment amend section 516(c)(1) of the FCIA by striking paragraph (1)
and inserting a new paragraph (1) providing that,
along with premium income and amounts
under section 516(a)(2), sanctions fees are to be deposited in this fund.
Amends
516(b)(2)(a) increasing the authorization of mandatory funds to be used
for research and development. (Sections 207 and 303)
The Conference
substitute adopts a funding section that incorporates funding authorized
under various sections of the House bill and the
Senate amendment, including funding to
cover costs associated with the consideration and implementation of policies.
(Section 147)
Standard Reinsurance Agreement
The House
bill authorizes FCIC to renegotiate the SRA effective for the 2002 reinsurance
year. (Section 310(b))
The Senate
amendment has no comparable provision.
The Conference
substitute adopts the House provision relative to the Standard Reinsurance
Agreement with changes to allow 1
re-negotiation during the 2001 through
2005 reinsurance years. (Section 148)
Subtitle E—Miscellaneous
Limitation on Revenue Coverage for Potatoes
The Senate amendment restates the exclusions in current law in subparagraph
(A) and adds another exclusion for coverage under new
subparagraph (B) prohibiting the coverage
of losses due to a decline in revenue from potato production, except as
provided under a whole farm
plan of insurance.
The House bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to limitations on revenue
coverage for potatoes. (Section 161)
Crop Insurance Coverage for Cotton and
Rice
The Senate amendment requires that, beginning with the 2001 rice crop,
FCIC offer plans of insurance, including prevented planting and
replanting coverage, to cover the loss
of rice due to the failure of irrigation water supplies from drought and
saltwater intrusion. (Section 107)
The House
bill has no comparable provision
The Conference
substitute adopts the Senate provision relative to crop insurance coverage
for rice with a change to include extra long
staple cotton and upland cotton.
(Section 162)
Indemnity Payments for Certain Producers
The Senate
amendment requires that notwithstanding section 508(c )(5) relative to
price elections, a producer of durum wheat that
purchased a 1999 CRC wheat policy by the
sales closing date shall receive an indemnity payment in accordance with
the policy. Requires that
the base and harvest price under the policy
be in accord with the Commodity Exchange Endorsement for wheat published
by FCIC on July 14,
1998, and that FCIC provide reinsurance
under the SRA for the policy. Voids the Bulletin MGR-99-004 issued
by the Administrator. This
provision is effective on October 1, 2000.
(Section 501)
The House bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to providing indemnity
payments to certain producers with technical
changes. (Section 163)
Sense of Congress on Regarding the Federal
Crop Insurance Program
The Senate amendment expresses the sense of the Senate regarding the federal
crop insurance program and the role of farmer-owned
cooperatives. Expresses the sense of the
Senate that, not later than 180 days after the date of enactment, the Federal
Crop Insurance
Corporation should complete promulgation
of the proposed rule entitled "General Administrative Regulations; Premium
Reductions; Payment of
Rebates, Dividends, and Patronage Refunds;
and Payments to Insured-Owned and Record –Controlling Entities."
The House bill has no comparable provision.
The Conference substitute adopts the Senate provision relative to the Sense
of Congress regarding the Federal Crop Insurance
Program. (Section 164)
Sense of Congress on Rural America, Including
Minority and Limited-Resources Farmers
The Senate
amendment provides findings relative to a rally for rural America held
in Washington on March 20-21, 2000, the purpose of
the rally, and a sense of Congress with
respect to the rally, its participants, and its purpose. (Section 403)
The House
bill has no comparable provision.
The Conference
substitute adopts the Senate provision relative to the Sense of Congress
on Rally for Rural America and Rural Crisis
with changes. The Conference substitute
also adopts the House provision relative to minority and limited resource
farmers and ranchers with
changes. (Section 165)
Subtitle F—Effective Dates and Implementation
Effective Dates
The House
bill provides that with the exception of sections 301(b) and 305(d), the
amendments made by House bill take effect upon
enactment.
Provides
that the implementation depends on the terms of the particular amendment
or, in the absence of an express implementation
date, in accordance with section 402.
(Section 401)
The Senate
amendment provides that with the exception of certain provisions, the Senate
amendment is effective upon enactment.
(Section 501)
The House
bill requires implementation of sections 104, 106, 107, 202, 203, 204,
205, 206, and 309 for the 2000 crop year.
Requires
implementation of sections 105(a); 305(a), (b), and (c); 306; and 307 for
the 2000 fiscal year.
Requires
implementation of sections 101, 102, 103(b), 109, 110, 111, and 201 for
the 2001 crop year. Requires implementation of
sections 105(b) and 304 for the fiscal
year 2001. (Section 402)
The Senate
amendment prohibits FCIC from obligating funds to carry out sections 102,
103, 105, 106, 201 through 207, 309, and 310
until October 1, 2000.
The Conference
substitute provides that this Act take effect on the date of enactment
with certain exceptions. Subtitle C, section 146
and 163 take effect on October 1, 2000.
Subsections (a), (b), and (c) of section 101, section 102(a), subsections
(a), (b), and (c) of section 103,
section 104, section 105(b), section 108,
section 109, and section 162 take effect beginning with the 2001 crop year.
Section 101(d), section
102(b), and section 103(d) take effect
beginning with the 2001 reinsurance year.
(Section 171)
Regulations
The Senate amendment requires FCIC to promulgate regulations not later
than 60 days after the date of enactment.
The House bill has no comparable provision.
The Conference
substitute adopts the Senate provision requiring the Corporation to promulgate
regulations to carry out this Act with a
change from requiring regulations within
60 days after enactment to 120 days after enactment. (Section 172)
Savings Clause
The House
bill provides a savings clause with respect to current law, to the extent
that application of an amendment is delayed. (Section
403)
The Senate
amendment has no comparable provision.
The Conference
substitute adopts the House provision relative to the savings clause.
(Section 173)
Compliance with State Licensing Requirements
The House bill amends section 508 by adding a new subsection (o) relative
to compliance with state licensing requirements.
Requires
that any person who sells or solicits the purchase of a policy in a state
must be licensed and qualified to do business in that
state. (Section 206)
The Senate
amendment amends section 508 of the FCIA adding at the end a new paragraph
(n), relative to compliance with state
licensing requirements.
Requires
any person that sells or solicits the purchase of a policy or adjusts losses
under the FCIA in any state must be licensed and
qualified to do business in that state,
and must comply with all state regulations (including commission and anti-rebating
regulations) as required
under state law. (Section
313)
The Conference
substitute deletes both the House and Senate provisions because such licensing
requirements are dealt with under a
separate section.
Choice of Risk Management Options
The Senate
amendment defines an agricultural commodity as a crop specified in section
518 of the FCIA for which "CAT" or "buy-up"
coverage is available.
The section
further defines an agricultural commodity as a crop that is selected by
the Secretary to maximize the number of participating
producers, provides for a mixture of program,
specialty, and regional crops, gives consideration to crops with low crop
insurance participation,
and results in not less than 15 percent
of payments going to states with traditionally low program participation
that the Secretary determines are
under-served.
Defines
applicable crop to mean the 2002 through 2004 crops, and applicable year
to mean the year in which the crop is produced on
the farm and the producer elects to receive
a risk management payment or crop insurance premium subsidy. Also
defines a regulated
exchange as a board of trade designated
as a contract market.
Requires
FCIC to offer either to make risk management payments or to provide crop
insurance premium subsidies for each of the 2002
through 2004 crops.
Requires
each producer to make an election between the two options before the sales
closing date for the applicable crop.
Requires
FCIC to make a risk management payment for an applicable crop to a producer
electing to receive such a payment providing
the producer engages in at least 1 prescribed
risk management practice from at least 2 of 5 categories. The categories
include, (1) the Crop
Insurance Category (buying unsubsidized
or private coverage), (2) the Marketing Risk Category, (3) the Financial
Risk Category, (4) the Farm
Resources Risk Category, or (5) the Other
Category (as prescribed by the Secretary).
Requires
the Secretary to determine the amount of any risk management payment taking
into consideration the expenditure by the
producer on the risk management activities
in which the producer engaged.
Provides
that no risk management payment may be made in an amount greater than equal
to the national average of the previous year's
liability for all "CAT" policies.
Authorizes
$500 million for fiscal years 2002 through 2004 from the account established
in section 516(a)(2)(C) of the FCIA, except that
payments in any one fiscal year may not
exceed $200 million. (Sections 204 and 206 of the Senate amendment
reduce this amount to fund
options pilot programs and education and
research.)
Requires
producers receiving a risk management payment to certify compliance with
qualifying risk management practices and
associated costs for the applicable year.
Authorizes
FCIC to conduct random compliance audits.
Requires
the producer to refund a risk management payment where the producer fails
to certify compliance or fails to comply with
qualifying risk management practices and
subjects the producer to possible debarment for up to 5 years from farm
programs cited in section
506(n)(3)(B) of the FCIA.
Provides
that any assignment of benefits be carried out consistent with section
8(g) of the Soil Conservation and Domestic Allotment Act,
and requires the producer give notice
of such assignment where FCIC requires.
Requires
FCIC to provide for the fair and equitable sharing of benefits among all
producers at risk in the production of a crop.
Amends
section 516(a) by striking paragraph (1) relative to discretionary expenses
and inserts a new paragraph (1) relating to the same,
providing that there authorized to be
appropriated for fiscal year 1999 and each subsequent fiscal year such
sums as are necessary to cover the
salaries and expenses of the FCIC, and
the expenses of approved insurance providers in carrying out section 522(c).
Amends
section 516(a) relative to mandatory expenses by adding at the end authorization
for risk management payments in an amount
not to exceed $500 million for fiscal
years 2001 through 2004, with not more than $200 million for any 1 fiscal
year. (Section 203)
The House
bill has no comparable provision.
The Conference
substitute deletes the Senate provision.
Fees for Use of New Policies and Plans
of Insurance
The House
bill amends section 508(h) by adding a new paragraph (11) relative to fees
for new policies and plans of insurance.
Provides
that beginning with fiscal year 2001, a person that develops a policy that
does not apply for reimbursement has the right to
receive a fee from another approved insurance
provider electing to sell that policy.
Provides
that the second provider may not sell such policy without first reaching
a fee agreement with the developer.
Provides
that "new policy" under the paragraph means a policy that was approved
by the Board on or after October 1, 2000 and was not
available at the time of approval.
Provides that the fee be determined by the developer subject to the approval
of the Board, except the Board
shall approve the fee unless it is unreasonable
in relation to research and development costs or it unnecessarily inhibits
the use of the policy.
(Section 308)
The Senate
amendment amends section 508(h) of the FCIA by striking paragraph (5) relative
to required publication of submissions in
the Federal Register and inserts a new
paragraph (5) relative to fees for plans of insurance.
Provides
that, beginning with the 2001 reinsurance year, an approved insurance provider
electing to offer a policy that was developed by
another provider and was approved before
January 1, 2000 must pay the developer $2 per policy for each of the first
5 crop years, $1 per policy
for each of the next 3 crop years, and
50 cents for each policy in each succeeding crop year.
Provides
that, beginning with the 2001 reinsurance year, an approved insurance provider
electing to offer a policy that was developed by
another provider and was approved by the
Board on or after January 1, 2000 must pay the developer an amount determined
by the developer,
such fee subject to the approval of the
Board. FCIC may not approve fees that would unnecessarily inhibit
the use of a policy.
Requires
FCIC to collect and credit fees to approved insurance providers.
Provides
an exception to the general rule relative to fees where an approved insurance
provider electing to offer a policy in a state where
the developer of the policy does not do
business may pay a fee to offer the policy and that fee may not be refused.
Amends
section 516(b)(1) by adding a new paragraph allowing FCIC to pay fees collected
from the insurance fund, and amends section
516(c)(1)(A) to provide for the deposit
of such fees collected into the fund. (Section 307)
The Conference
substitute deletes both the House and Senate provisions.
Federal Crop Insurance Improvement Commission
The Senate
amendment provides in lieu of the current section 515 of the FCIA a new
section 515 relative to the establishment of a
Federal Crop Insurance Improvement Commission.
Defines
commission as the Federal Crop Insurance Improvement Commission and establishes
the same.
Provides
that the commission have 15 members, including the Under Secretary for
Farm and Foreign Agricultural Services, the FCIC
manager, the USDA Chief Economist, an
employee of OMB appointed by the OMB Director, a representative of the
National Association of
Insurance Commissioners, 4 approved insurance
providers appointed by the Secretary, 2 agricultural economists from academia
appointed by
the Secretary, and 4 representatives of
major farm organizations or farmer-owned cooperatives.
Provides
that members be appointed not later than 60 days from enactment and serve
for the life of the commission.
Provides
that the commission review and make recommendations relative to the amount
of risk approved insurance providers should
bear, whether current reinsurance practices
should be continued, the extent to which development of new policies should
be undertaken by
private entities, how to focus research
and development to include new types of products and products for specialty
crops, the progress in
reducing administrative and operating
expenses, etc.
Requires
the Under Secretary serving on the commission to serve as chairman and
vote in the event of a tie.
Requires
the commission to meet at least 6 times per year and make public records
of the commission available at the Office of the
RMA. Requires that not later than
2 years after enactment the commission submit a report to the House and
Senate Agriculture Committees,
with copies to the Secretary and the FCIC
Board. Also, authorizes the commission to make 1 or more interim
reports.
Provides
that authority for the commission terminates at the earlier of 60 days
after the final report is issued or on September 30, 2004.
Authorizes
to be appropriated such sums as may be necessary. (Section 310)
The House
bill has no comparable provision.
The Conference
substitute deletes the Senate provision.
Highly Erodible Land and Wetland Conservation
The Senate
amendment amends sections 1211(3) and 1221(b)(3) of the Food Security Act
of 1985 to make producers who fail to
comply with highly erodible land and wetland
conservation requirements, respectively, ineligible for crop insurance
benefits. (Section 311)
The House
bill has no comparable provision.
The Conference
substitute deletes the Senate provision.
Projected Loss Ratio
The Senate
amendment strikes paragraph (2) of section 506(o) of the FCIA relative
to loss ratio requirements and inserts a new
paragraph related to the same.
Requires
FCIC to take such actions as are necessary, including the establishment
of adequate premiums, to improve the actuarial
soundness of the crop insurance program
to achieve a 1.075 loss ratio from October 1, 1998 through the 2001 crop
year, and a 1.00 loss ratio
beginning with the 2002 crop year. (Section
312)
The House
bill has no comparable provision.
The Conference
substitute deletes the Senate provision.
Improved Risk Management Education
The Senate amendment amends Title IV of the Agricultural Research, Extension,
and Education Reform Act of 1998 by adding at the end
section 409 relative to improved risk
management education for agricultural producers and provides definitions.
Requires
the Secretary to carry out a program to improve the risk management skills
of agricultural producers, to help producers
understand the financial health of their
operations, marketing alternatives available, and relevant legal, governmental,
environmental, and human
resource issues.
Requires
the Secretary to establish Risk Management Education Coordinating Centers
in each of the 5 regions in the country.
Requires
the Secretary to locate a region's center at risk management coordinating
office of the Cooperative State Research, Education,
and Extension Service in existence at
a land grant college or an appropriate alternative land grant college in
the region. Requires the land grant
college to demonstrate the capacity to
carry out program priorities, funding distribution, and reporting requirements.
Requires
each center to establish a coordinating council consisting of 5 members,
including public and private organizations, producers,
and a representative of the regional RMA
office.
Requires
centers to coordinate the offering of intensive risk management instructional
activities for professionals who work with
producers, the provision of educational
programs for producers, and the dissemination of risk management education
materials.
Requires
centers to make use of emerging risk management information and materials,
after an evaluation of suitability is conducted with
the assistance of land grant college personnel
and others.
Requires
each center to reserve a portion of funds provided under the section to
make special grants to land grant colleges and private
entities in the region to conduct such
activities, and requires the reservation of funds to award competitive
grants to public and private entities for
such purposes.
Requires
that the National Agriculture Risk Education Library serve as the
central agency for coordination and distribution of education
material and provide for the electronic
delivery of the same.
Authorizes
to be appropriated $30 million for fiscal year 2001 and each subsequent
fiscal year, requiring 2.5 percent of funds available
be distributed to the Library with the
residual funding reserved for the centers.
Requires
the land grant colleges hosting a regional center to administer the funds
for the region. Requires that each center be located in
an existing facility and prohibits the
use of funds for new construction.
Requires
the Secretary, acting through the CSREES, to evaluate each center.
(Section 401)
The House
bill has no comparable provision.
The Conference
substitute deletes the Senate provision.
Termination of Authority
The Senate amendment provides that the termination of certain authority
is effective on September 30, 2004.
Repeals
Senate amendment provided in sections 102, 103, 105, 106, 203(b), and 310
on September 30, 2004, and provides that the
FCIA and NAP shall after this date be
administered as if these provisions had not been enacted.
Provides
further conforming amendments to repeal any funding authority provided
under the Senate Amendments and prohibits the
Secretary or FCIC from carrying out the
provisions after September 30, 2004.
The House bill has no comparable provision.
The Conference substitute deletes the Senate provision.
TITLE II—AGRICULTURAL ASSISTANCE
The Conference
substitute includes a new title (Title II) providing agricultural assistance
to producers of the 2000 crops and other
assistance:
Subtitle A—Market Loss Assistance
Sec. 201. Market loss assistance.
To ensure
timely delivery of market loss payments to eligible producers and owners,
the Managers expect the Secretary to make the
payments available under the same terms
and conditions as the 2000 AMTA contract payments. Market loss payments
made under authority of
this legislation shall not be treated
as a contract (AMTA) payment for purposes of section 115 of Title I of
the Federal Agriculture Improvement
and Reform Act of 1996, or section 1001,
paragraphs (1) through (4) of the Food Security Act of 1985. Further,
it should not be necessary to
require eligible owners and operators
to file new contracts or redesignate shares in order to receive market
loss payments.
Sec. 202. Oilseeds.
The Managers
expect the Secretary to deliver oilseed economic assistance payments to
producers in the same manner used to deliver
the 1999 oilseed payments authorized under
Title VIII, section 803 of P.L. 106-354. The Managers note that the
Department has taken over
seven months to make payments to eligible
producers. Such delays in delivering crop year 2000 payments are
unacceptable.
The Managers expect that sesame seed will be eligible for assistance under
this section. The Managers note that the Federal
Agricultural Improvement Act of 1996 makes
other oilseeds eligible for assistance under section 131of the FAIR Act.
The Managers direct the
Secretary, using his authority under section
102 of the FAIR Act and any other applicable authorities, to ensure that
sesame seed producers
may participate in this program under
section 202.
Sec. 203. Specialty crops.
This section
provides for infrastructure improvements for growers of specialty crops.
Specifically, the section provides $59.45 million for
the PACA reserve fund and the inspection
service reserve fund to maintain the cost of licensing and inspection fees
at the current level. The
section also provides $11.55 million to
make improvements to the system used for inspecting fruits and vegetables,
including the program and
facilities used to train inspectors; the
technological tools used by inspectors; expanding digital imaging technology
capabilities; and improving
office space and grading tables.
This section
also provides $200 million to be used by the Secretary to purchase specialty
crops that experienced low prices in the 1998
and 1999 crop years, including apples,
black-eyed peas, cherries, citrus, cranberries, onions, melons, peaches,
potatoes and others. The
Managers expect the Secretary to ensure
that, as provided in subsection (d) of this section, purchases with this
funding are in addition to other
purchases made by the Secretary under
other authorities. To the extent practicable, the Managers expect
the Secretary to purchase a
significant portion of the commodities
purchased under this section directly from farmers or agricultural cooperatives
rather than processors.
This section
also provides $25 million to compensate growers for losses resulting from
plum pox virus, Pierce’s disease and citrus
canker.
With respect
to the plum pox virus, the Managers expect the Secretary to use at least
$5.1 million to compensate growers whose trees
were destroyed as part of the Secretary’s
“Declaration of Extraordinary Emergency” dated March 2, 2000, in a manner
that covers: net returns
that would have been earned over the remaining
life of all the destroyed trees; producers being prevented from replanting
for three years; and
lost value of nursery stock.
With respect
to Pierce’s disease, the Managers expect the Secretary to utilize at least
$7,140,000 in a manner that enables the
California Department of Food and Agriculture
to utilize such funding for state and local efforts to contain and control
Pierce's disease which is
devastating agricultural areas in Southern
California, and is moving northward into other regions. Funds are
needed immediately to monitor for
the earliest signs of the disease and
to inspect nursery stock prior to shipment. The disease is spread
by a vigorous and difficult to control
insect called the glassy-winged sharpshooter.
This insect is a major problem, but the elimination of the insect would
not eliminate the disease.
The Managers are disappointed by the federal response to this outbreak.
It is clear that efforts to control the spread of the disease must
be increased. It is also clear that
there is an immediate need for additional research efforts to study near
and long term alternatives for
controlling the bacterium common to Pierce's
disease. The Managers expect the Secretary to initiate such efforts
immediately, within existing
resources.
With respect to citrus canker, the Managers expect the Secretary to utilize
remaining funding to compensate citrus growers who have
suffered economic losses due to the disease.
This section
also requires the Secretary, in conjunction with USDA’s Inspector General,
to submit a report to Congress that analyzes the
economic losses associated with falsified
inspection certificates issued at the Hunts Point Terminal Market, including
an analysis of how the
Secretary intends to provide restitution.
This section
also provides loans, up to three years in term, for apple producers that
are suffering economic losses resulting from low
prices for apples.
Sec. 204. Other commodities
Subsec. (a) Peanuts.
This subsection
provides economic assistance to peanut producers. The Managers expect
the Secretary to deliver the peanut economic
assistance payments to producers in the
same manner used to deliver the 1999 peanut assistance authorized under
Title VIII, section 803 of
P.L. 106-354. The Managers also
expect that the same rules that were used and applied to a peanut quota
lessor and lessee with respect to
1999 assistance will be used with respect
to the delivery of the monies made available under this Act.
Subsec. (b) Tobacco
This subsection—
Provides
$340 million to the Secretary to make payments to States from October 1,
2000, to October 20, 2000. The States shall divide
the funds between quota owners, quota
lessees, and tobacco producers;
Includes
language requested from the State of Georgia requiring the State to match
the portion of funds provided from this title by the
Federal Government;
Allows an increase for acreage transfers for dark-fire cured tobacco;
Allows for an adjustment in the burley noncommitted pool stocks;
Places limitations on burley carry forward pounds and lease and transfer
due to natural disasters;
Makes a technical correction in the cross county leasing definition of
the 1938 Agricultural Adjustment Act; and
Requires that the Secretary establish a computerized recordkeeping system
for burley tobacco quota and acreage.
Subsec. (c) Honey
This subsection
provides recourse loans for honey producers on the 2000 crop of honey.
The loan rate would equal 85 percent of the
average price of honey during the 5-crop
year period preceding the 2000 crop, dropping the year with the highest
price and the year with the
lowest price in calculating the average.
Subsec. (d) Wool and Mohair
This subsection
provides direct payments to producers of wool and mohair for the 1999 marketing
year. The payment rates would be 20
cents per pound for wool and 40 cents
per pound for mohair. The Managers expect the Secretary to make payments
under this section in an
equitable manner without regard to size
of operation.
Subsec. (e) Cottonseed
This subsection provides cottonseed assistance to producers and first handlers.
The Managers expect the Secretary to provide
additional assistance to cotton producers
and first handlers through direct payments or other means to help alleviate
the problems caused by the
unusually low prices.
Sec. 205. Payments in lieu of loan deficiency
payments.
The Managers
intend for crop year 2001 producers of wheat, oats and barley on a farm
with an AMTA contract who graze the acreage
and forego mechanical harvesting to be
eligible for a payment under the same terms and conditions as a producer
who harvests a crop and
applies for a loan deficiency payment.
The Managers intend for the producer to enter into a payment agreement
with CCC at the loan
deficiency payment rate for the applicable
crop in effect on the date of such agreement, at such time as the producer
chooses, but not earlier
than the date a producer who normally
harvests a crop would make application for a loan deficiency payment and
no later than September 30,
2001. The Managers expect the Secretary
to require adequate producer certifications to protect the program from
fraud and abuse. Producers
that certify wheat, oats or barley for
grain with either the Farm Service Agency (FSA) or the Risk Management
Agency (RMA) and fail to harvest
the crop because of weather conditions
and subsequently graze the acreage are not intended to be covered by this
provision. The Managers
expect the Department to immediately publicize
this provision in FSA county newsletters.
Sec. 206. Expansion of producers eligible
for loan deficiency payments.
The Managers
intend for producers growing an AMTA contract commodity on a farm with
no AMTA contract to be eligible for loan
deficiency payments on 2000 crop production
subject to the same terms and conditions as applicable to producers on
a farm with an AMTA
contract. Producers eligible for
payment under this section are afforded an exception to the beneficial
interest provisions for a period of time
that extends for 30 days after the promulgation
of regulations. The Managers expect the Department to immediately publicize
this provision in
FSA county newsletters.
Subtitle B—Conservation
Sec. 211. Conservation assistance.
Subsection
(a) directs USDA to use $10 million for the Farmland Protection Program
and allows nonprofit conservation organizations to
hold easements in those states that do
not have a state defined farmland protection program. Subsection
(b) directs USDA to use $40 million
to provide soil, water and natural resource
conservation assistance for farmers in the form of cost share or incentive
payments. The Managers
believe that farmers and ranchers need
additional assistance to address these natural resource problems.
The Managers
agree there is a great demand among the states to keep prime and unique
farmland in agricultural production. The
farmland protection authorization in the
1996 farm bill was immediately over-subscribed, and the $35 million in
funds were exhausted in two
years. Thus, the Managers have provided
a $10-million infusion of funds to the farmland protection program.
In addition, new program
participants, such as nonprofit land resource
conservation councils, are now able to take part in this initiative.
This section
also provides $40 million to assist farmers and ranchers through cost-share
or incentive payments to get proven soil and
water conservation practices on their
farms and ranches. In making these funds available, the Managers recognize
that the Environmental
Quality Incentives Program (EQIP) has
left certain producers in areas of states and regions of the country with
little or no federal help. Although
the funds made available in the conference
report are limited, they will be directed at areas that are outside conservation
priority areas, where
most of the EQIP funds have been used.
The Managers expect for these funds to be focused on practices that conserve
water or improve water
quality. The Managers believe many
water quality concerns can be handled without the time-consuming and expensive
development and writing
of whole farm plans. One or two
practices properly completed are the best conservation, which can be applied
to the land for water quality or
water conservation. In that regard,
the Managers emphasize that the funds included in this program are only
for financial assistance through
cost-share and incentive payments to farmers
and ranchers. It is the intent of the Managers that this program
will be carried out using the
conservation operations account funded
in annual agriculture appropriations acts.
Sec. 212. Inclusion of farmland in conservation-related areas.
This section
requires the Secretary of the Interior, acting through the Director of
the U.S. Fish and Wildlife Service, to prepare an
Environmental Impact Statement (EIS) under
the National Environmental Policy Act of 1969 on the proposed National
Wildlife Refuge (NWR) on
the Little Darby Creek in Madison and
Union Counties, Ohio. This EIS must be completed before any further
development may proceed on the
Little Darby Creek NWR.
Subtitle C—Research
Sec. 221. Carbon cycle research.
This section
directs USDA to provide $15 million in Fiscal Year 2001 to the Consortium
for Agricultural Soils Mitigation of Greenhouse
Gases for carbon cycle research at the
national, regional and local levels. Additional research is needed
in the sequestration of carbon as it
relates to agricultural best management
practices and how these practices convert carbon dioxide into soil organic
carbon that in turn reduces
soil erosion, improves water quality and
increases yields. Producers and policymakers need a better understanding
of the link between the
carbon cycle and agricultural best management
practices. The Managers believe that the storage of carbon may provide
additional income to
farmers and ranchers and provide ancillary
environmental benefits.
Sec. 222. Tobacco research for medicinal
purposes.
This section
directs USDA to provide $3 million in Fiscal Year 2001 to Georgetown University
and North Carolina State University for
research regarding the extraction and
purification of proteins from genetically altered tobacco that can be used
as a vaccine for cervical cancer.
Sec. 223. Research on soil science and
forest health management.
This section
directs USDA to provide a grant to the University of Nebraska-Lincoln for
laboratories and equipment for research on soil
science and forest health and management.
Sec. 224. Research on waste streams from
livestock production.
This section
provides $3.5 million to expand research related to livestock production
waste streams. The Managers expect the Secretary
to utilize this funding to focus on technology
for reducing, modifying, recycling, and utilizing livestock waste streams
in a manner that will allow
scientists to develop and utilize integrated
components required for a systems approach to livestock waste and odor
research and
development. This is required to
deal with the complex interactions among variables influencing nutrient/contaminant
production and
flow-through livestock production systems.
The Managers expect the research goals to include: reducing waste and odor
production and
emission; reducing health hazards and
improving working conditions in production facilities; improving efficiency
of manure handling and
utilization; increasing recycling of nutrients
and water; and making livestock production compatible with neighboring
individuals and
communities.
Sec. 225. Improved storage and management
of livestock and poultry waste.
This section
provides $5,000,000 in fiscal year 2001 for the Secretary to review and
assess potential problems associated with livestock
and poultry waste management systems and
to study and demonstrate appropriate market-oriented solutions to these
potential problems. As
provided in this section, the Managers
expect the Secretary to carry out this review and assessments through grants,
contracts, and cooperative
agreements with producers, associations
of producers, and foundations supported by producers.
Sec. 226. Ethanol research pilot plant.
Authorizes and appropriates $14 million to the Secretary for the construction
of a corn-based ethanol research pilot plant.
Sec. 227. Bioinformatics Institute for
Model Plant Species.
Authorizes
the Secretary to enter into a cooperative agreement with the National Center
for Genome Resources in Santa Fe, New
Mexico, New Mexico State University and
Iowa State University for the establishment and operation of an institute
to be known as the
Bioinformatics Institute for Model Plant
Species for the purpose of enhancing the accessibility and utility of genomic
information for plant genetic
research.
Subtitle D—Agricultural Marketing
Sec. 231. Value-added Agricultural Product
Market Development Grants.
This section
directs the Secretary to use $15 million to award competitive grants to
eligible producers for the purpose of facilitating
greater participation in markets for value-added
agricultural commodities. The Managers expect these grants to fund
ventures for a variety of
agricultural commodities. It is
the intent of the Managers that the grants would be made for the purpose
of developing business plans for viable
marketing opportunities and the creation
of a pilot project resource center to coordinate assistance including research,
data, business, legal,
financial and logistical operations.
The Managers expect that the grants would only be awarded if the projects,
business ventures, and other
authorized activities are determined to
be economically viable and sustainable. Further, the Mangers expect
that grants awarded under this
section will facilitate the opening of
new markets for value-added products. It is not the intention of
the Managers that grants made under this
section will interfere with existing markets
or be used to fund construction, acquisition, rental, leasing, or any other
means of obtaining physical
capacity to produce or process agricultural
commodities.
Subtitle E—Nutrition Programs
Sec. 241. Calulation of Minimum Amount of Commodities for School Lunch Requirements.
Section
241 directs the Secretary to purchase additional food commodities in fiscal
years 2000 and 2001 for distribution to schools
participating in the School Lunch program.
Sec. 242. School Lunch Data
Section
242 provides that information obtained for determining eligibility for
free and reduced-price school meals in the School Lunch
program may be shared to aid in the enrollment
of lower-income children in the State Children’s Health Insurance Program
(SCHIP). This
section also authorizes a pilot project
using local agencies operating the Special Supplemental Nutrition Program
for Women, Infants, and
Children (the WIC program) to help enroll
children in the SCHIP.
Sec. 243. Child and Adult Care Food
Program Integrity
Section
243 reforms the Child and Adult Care Food Program (CACFP) to address problems
of fraud, abuse, and deficient management
identified in investigations by the General
Accounting Office and the Agriculture Department’s Office of Inspector
General. This section also
expands the availability of Federal nutrition
assistance for after-school programs and authorizes an additional State
to increase participation in
the CACFP by for-profit child care organizations
serving lower-income children.
Sec. 244. Adjustments to WIC Program
Section
244 provides adjustments to the WIC program to increase participation by
residents of remote Indian or Native villages and
provide a program structure that better
serves these communities.
Subtitle F—Other Programs
Sec. 251. Authority to provide loan in
connection with boll weevil eradication.
Section 251 requires the Secretary using
the Commodity Credit Corporation to make a loan to the Texas Boll Weevil
Eradication Foundation,
Inc., in the amount of $10,000,000.
This loan is to enable the Foundation to retire debt associated with boll
weevil eradication zones that have
ended their participation, in whole or
in part, in the boll weevil eradication program.
Repayment for the loan will begin on January 1 of the year following the
first year that a boll weevil eradication zone, or any part of the
zone, responsible for the debt retired
using the loan resumes participation in the boll weevil eradication program.
The cost of the credit subsidy of this loan will be the amount necessary
to provide the full $10,000,000 loan to the Foundation. The
Managers expect that the credit subsidy
necessary to implement the total $10,000,000 loan will be approximately
51%. However, the Managers
expect USDA to use whatever amount of
subsidy is necessary to make the $10,000,000 loan.
The Managers expect that this loan to the Texas Boll Weevil Eradication
Foundation, Inc., will retire its debt to Farm Credit System
institutions associated with the Lower
Rio Grande Valley Boll Weevil Eradication Zone and that portion of the
debt associated with the South
Texas Winter Garden Zone apportioned to
Austin, Brazoria, Colorado, Fort Bend, Jackson, Matagorda, and Wharton
Counties by the Texas
Commissioner of Agriculture. This
loan will provide funds to be used by the Foundation for full and final
satisfaction, on a pro-rata basis, of the
notes relating to the debt held by those
Production Credit Associations and the Farm Credit Bank of Texas.
The Managers expect that upon
payment of the notes from the funds provided
by this loan, that the Texas Boll Weevil Eradication Foundation, Inc.,
will be released from any and
all claims, liabilities, or obligations
associated with or evidenced by the notes.
Sec. 252. Animal disease control.
Subsection
(a) directs USDA to spend $7 million in Fiscal Year 2001 for psuedorabies
vaccination costs incurred by pork producers.
Subsection (b) directs USDA to spend $6
million in Fiscal Year 2001 on bovine tuberculosis in Michigan. Funding
shall be used for surveillance
and testing of cattle; surveillance and
testing of wildlife; research at ARS and Michigan State University; increases
in indemnity payments to
encourage depopulation of infected herds;
diagnostic testing and treatment of humans; slaughter surveillance; controlling
and preventing
exposure of livestock to wildlife; fencing
to minimize contact between wildlife and domestic livestock; and risk communications
and
improvements in technology for communications.
Current laws stipulate that funding for Animal and Plant Health Inspection
Service of the U.S.
Department of Agriculture eradication
programs is to be withdrawn from existing Commodity Credit Corporation
funds. The Managers intend
for eradication program funding to continue
to be extracted from Commodity Credit Corporation funds.
Sec. 253. Emergency loans for seed producers.
This section
directs USDA to provide non-interest loans to producers of 1999 crop grass,
forage, vegetable and sorghum seed that have
not received payments from AgriBiotech
(ABT) as a result of bankruptcy proceedings involving ABT. ABT, one of
the largest single turf, forage,
and alfalfa seed companies in the country,
filed Chapter 11 bankruptcy affecting over 1200 farmer growers in 39 states.
ABT cannot pay
growers for their 1999 produced crop and
the growers are the largest segment of creditors in the bankruptcy.
This section directs the Secretary
to create an emergency no-interest loan
program for those producers involved in the bankruptcy proceedings.
For the producer to be eligible,
the seed producer must have a claim in
the bankruptcy proceeding. The Managers believe that this situation
is unique as ABT is an
organization of numerous small family
producers who will be adversely impacted financially by this bankruptcy
proceedings.
Sec. 254. Temporary suspension of authority
to combine certain offices.
The Managers
expect the Secretary to submit a detailed report regarding the justification
used to select a state office collocation site in
each of the applicable states. The
Managers expect the Secretary to notify all applicable Agencies that no
agency or agency employee shall
take any action to solicit office space
or renovate current leased space for the purpose of accommodating collocated
agencies or take any other
action to collocate state offices from
the date of enactment of this Act through June 1, 2001. The Managers
expect those state agencies that
are scheduled for collocation and located
in the same county on the date of enactment to continue to pursue efforts
to collocate. The Managers
expect the report to be inclusive of all
factors used in the selection of the site, including the methodology used
in the site selection.
Sec. 255. Farm operating loan eligibility.
This section
affects the Secretary of Agriculture’s administration of the loan eligibility
limitations of sections 311 and 319 of the Consolidated
Farm and Rural Development Act.
Current law makes borrowers who have had a number of direct or guaranteed
operating loans from the Farm
Service Agency (FSA) ineligible for additional
seasonal operating loans.
The Managers
understand that previous policy was intent on limiting loans to long-time
borrowers in an effort to graduate them to other
sources of credit. The intent was
to free up credit resources for beginning, socially-disadvantaged and minority
farmers and ranchers during a
period when fewer appropriations were
being made for federal farm loan programs. However, because of the
recent downturn in the farm
economy caused by low prices, the Managers
are concerned that some farmers may be turned away from the FSA.
The only reason that
otherwise efficient farmers cannot get
credit from FSA is because of an arbitrary term limit in the law.
While the Managers believe this change
is needed at this time, the amendment
extends only through December 31, 2002, which should provide ample time
for the Congress to fully
reexamine this matter in the context of
the next farm bill.
Sec. 256. Water systems for rural and Native
villages in Alaska.
This section
amends section 306D of the Consolidated Farm and Rural Development Act
by increasing the authorization of
appropriations from $20,000,000 to $30,000,000
for water and wastewater systems for rural and native villages in Alaska.
Also authorizes a
transfer of up to two percent of the funds
for training and technical assistance programs that are related to the
operation and management of the
systems.
Sec. 257. Crop and pasture flood compensation
program.
Directs
the Secretary to compensate producers for the loss of cropland or pastureland
due to unusual flooding. This assistance is
targeted to producers who are still experiencing
flooding, but have not been compensated for loses between time of enactment
and the Flood
Compensation Program authorized by the
1998 omnibus appropriations bill, using that program’s framework and base
year. The section sets a
specific framework on the compensation.
Acres on which crops were planted but failed are not eligible. A
payment limitation of $40,000 is
included.
The Managers
encourage the Department to take all necessary administrative actions to
ensure the availability of no less than 4 million
acres for partial field conservation buffer
enrollments within the existing Conservation Reserve Program. Also, the
Committee encourages the
Department to extend stewardship incentive
payments to contour grass strips and cross wind trap strips, as well as
any additional conservation
practices that may be made eligible for
the continuous sign-up or conservation reserve enhancement programs
This section
also includes a technical correction to the fiscal year 2000 agricultural
appropriations act to specifically include Lake County,
Oregon as being eligible for assistance
that was made available under that act. The Managers are aware that
producers in Lake County have
faced a similar disastrous situation,
but were inadvertently left out of the fiscal year 2000 agriculture appropriations
section. The Managers are
also aware that, under the fiscal year
2000 agricultural appropriations act, there are still funds available in
this fiscal year to assist ranchers in
Lake County, and this section provides
the necessary authority for the Secretary of Agriculture to move forward
with that assistance. The
Managers expect the Secretary to provide
that assistance as soon as possible.
Sec. 258. Flood Mitigation Near Pierre, South Dakota.
This section requires the Army Corps of Engineers to, as soon as practicable
after enactment, begin acquiring land and property from
willing sellers; relocate individuals
located on the land, improve infrastructure, and take other necessary actions
with respect to such property.
This section also conditions winter releases of the Oahe Powerplant on
the Secretary of the Army completing an amendment to his
economic analysis and identifying mitigation
benefits with respect to existing ground water flooding.
Sec. 259. Restoration of Eligibility for Crop Loss Assistance.
This section restores the eligibility for individuals otherwise eligible
for disaster assistance under section 1102 of the Agriculture, Rural
Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of
Public Law 105-277; 7 U.S.C. 1421, solely
because the individual or entity changed the legal structure of the individual’s
or entity’s farming
operation.
Subtitle G—Administration
Sec. 261. Funding.
Includes
the funding amount for various sections in the bill.
Sec. 262. Obligation period.
Provides
that the Commodity Credit Corporation shall obligate and spend the funds
made available under section 261(a)(1) (funding for
school lunch commodities) only during
fiscal year 2000 and funds made available to fund other provisions of the
bill shall be obligated and spent
only during fiscal year 2001.
Sec. 263. Regulations.
Directs
the Secretary and the Commodity Credit Corporation, whichever is appropriate,
to promulgate regulations to implement Title II of
the legislation without regard to notice
and comment rulemaking.
The Managers
have provided the Secretary relief from several statutory provisions relating
to the promulgation of regulations needed to
carry out title II. This language
is the same as provisions passed by Congress in prior legislation for farmers.
The Managers are particularly
troubled by the fact that, even with these
waivers, the Department has been unable to implement programs in a timely
manner in prior years,
most notably the oilseed assistance that
was provided by Congress in October of 1999 but has yet to be distributed.
In order to assist
Congress in future deliberations the Managers
expect the Inspector General to complete a report for submission to both
Agriculture Committees
with 60 days of enactment of this Act
addressing the reasons for the inability of the Department to implement
programs in a timely manner.
Sec. 264. Paygo adjustment.
Prohibits
the Director of the Office of Management and Budget from making any estimates
of changes in direct spending outlays and
receipts in fiscal year 2000 resulting
from enactment of Title II of the legislation.
Sec. 265. Commodity Credit Corporation
Reimbursement.
This section specifically directs the Secretary of the Treasury to reimburse
the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed,
under this title.
Title III--The Biomass Research and Development Act of 2000
The Conference
substitute adopts a new title which authorizes research to promote the
conversion of biomass into biobased industrial
products:
Section 301. Short Title
The Biomass Research and Development Act.
Section 302. Findings.
States
the need for a focused, integrated and innovation-driven research effort
to develop technologies for the production of biobased
industrial products
Section 303. Definitions.
Defines
the terms Advisory Committee, Biobased Industrial Product, Biomass, Board,
Initiative, Institution of Higher Education, National
Laboratory, Point of Contact, Processing,
and Research and Development.
Section 304. Cooperation and Coordination
in Biomass Research and Development.
Requires
that the Secretaries of Agriculture and Energy shall cooperate and coordinate
policies and procedures that promote biomass
research and development leading to the
production of biobased industrial products. Specifies the purpose
and areas for coordination.
Section 305. Biomass Research and
Development Board.
Establishes
a board to coordinate programs, to maximize benefits and to bring coherence
to strategic planning within and among
departments and agencies of the Federal
Government to promote the use of biobased industrial products. The
Board shall be comprised of a
minimum of six members. The Board
shall be cochaired by the points of contact appointed by the Secretaries
of Agriculture and Energy by and
with the advice and consent of the Senate.
Section 306. Biomass Research and
Development Technical Advisory Committee.
Establishes
an advisory committee to advise the Secretaries of Agriculture USDA and
the Department of Energy DOE and the Biomass Research and
Development Board, to facilitate consultations
and partnerships, and to evaluate and perform strategic planning for the
Biomass Research and Development
Initiative. The Committee shall
be comprised of a minimum of ten members, all appointed by the points of
contact. The Committee will meet at least
quarterly. Lengths of terms are
specified.
Section 307. Biomass Research and Development
Initiative.
Provides
that the Secretaries of Agriculture and Energy, in consultation with the
Board, shall establish a Biomass Research and
Development Initiative under which competitively
awarded grants, contracts and financial assistance are provided to, or
entered into, with
eligible entities to carry out research
and development of low cost and sustainable biobased industrial products.
Provides that funds
appropriated for biomass research and
development under the general authority of the Secretary of Energy to conduct
research and
development programs may be used to carry
out this title. Also authorizes $ 49,000,000 within USDA for each of fiscal
years 2000 through 2005
to carry out this title.
Section 308. Administrative Support
and Funds.
Provides
the Secretaries of Agriculture and Energy, and other agencies, the authority
to give administrative support and funds to the
Board and Advisory Committee if needed.
Section 309. Reports.
Requires
that an initial report be jointly submitted by the Secretaries of Agriculture
and Energy within 180 days of enactment of the Act
and that an annual report be submitted
to Congress for each fiscal year for which funds are made available.
Section 310. Termination of Authority.
Authority granted by this title shall
terminate on December 31, 2005.
TITLE IV – Plant Protection
The Conference substitute adopts a new provision which consolidates and
enhances the authority of the Secretary to regulate in
interstate and foreign commerce, the movement
of any plant, plant product, biological control organism, or noxious weed
if the Secretary
determines the action is necessary to
prevent the introduction or dissemination of a plant pest or noxious weed:
Sec. 401. Short Title and Table of
Contents.
The short
title of this Act is the “Plant Protection Act.” This section also
contains the table of contents for the Act.
Sec. 402. Findings.
Sec. 403. Definitions.
Sections
3(1), (3)-(8), (11), (17), and (19) are all new definitions, but are commonly
accepted definitions for the words, “article,” “enter and
entry,” “export and exportation,” “import
and importation,” “interstate,” “interstate commerce,” “means of conveyance,”
“permit,” “State,” and “this
Act.”
Sec. 403(2) is new. Defining biological control organisms separately
makes our authority over these organisms explicit when they
present a potential plant pest risk.
Sec. 403(9), (12), (13), (15), (16), and (20), “move and related terms,”
“person,” “plant,” “plant product,” “Secretary,” and “United States”
have all been derived from existing law
with little or no modification.
Sec. 403(10), “noxious weed,” has been expanded from existing law.
Sec. 403(14), “plant pest,” has been expanded to include all vertebrate
and invertebrate animals, except humans.
Sec. 403(18), “systems approach,” is new.
Subtitle A – Plant Protection
Sec. 411. Regulation of Movement
of Plant Pests.
Prohibits
the importation, entry, exportation, or movement in interstate commerce,
mailing, or delivery (from any post office or by any mail
carrier) of any plant pest unless the
movement is in accordance with regulations issued by the Secretary.
All processes used to develop such
regulations will be transparent and accessible
and the regulations will be based on sound science. This provision
does not authorize the
opening of any mail unless such action
is authorized under postal laws. This section would authorize the
Secretary to issue regulations that allow
the movement of a plant pest in interstate
commerce without restriction. Also provides for a petition process
to add or remove plant pests from
regulation.
Sec. 412. Restrictions on Movement.
Authorizes
the Secretary to prohibit or restrict the importation, entry, exportation,
or movement in interstate commerce of any plant, plant
product, biological control organism,
noxious weed, article, or mean of conveyance if the Secretary determines
the action is necessary to
prevent the introduction or dissemination
of a plant pest or noxious weed. Within 1 year after the Act is enacted,
the Secretary shall publish for
public comment a notice describing the
processes governing such import requests. Requires the Secretary
to conduct a study of the
effectiveness of using systems approaches
to guard against the introduction into the United States of plant pathogens
associated with
proposals for imported plants or plant
products. Not later than 2 years after the Act is enacted, the Secretary
shall report to Congress on the
results of this study. Authorizes
the Secretary to determine by regulation those noxious weeds and biological
control organisms that may or may
not freely move within interstate commerce.
A person may petition the Secretary to add or remove individual plant species
or biological control
organisms from such regulations.
Sec. 413. Notification and Holding Requirements
Upon Arrival.
Requires
the Secretary of Treasury to notify promptly the Secretary of Agriculture
of the arrival of plants, plant products, biological control
organisms, plant pests, or noxious weeds
at the port of entry. It also requires the Secretary of Treasury
to hold the articles until the Secretary of
Agriculture has inspected or otherwise
released them.
Further, section 413 requires persons responsible for articles for which
a permit under sections 411 or 412 to notify the Secretary of
Agriculture or appropriate official in
the State of destination of relevant information concerning the shipment
before moving it from the port of
entry. Finally, section 413 prohibits
the movement of any imported plant, plant product, biological control organism,
plant pest, noxious weed,
article, or means of conveyance from the
port of entry or interstate unless it has been inspected or otherwise released
by the Secretary of
Agriculture.
Sec. 414. Remedial Measures.
Section
414 authorizes the Secretary to hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or dispose of any plant;
plant pest; noxious weed; biological control
organism; plant product; article; or means of conveyance; and progeny of
any plant product, plant
pest, biological control organisms, or
noxious weed in interstate or foreign commerce under various circumstances
in order to prevent the
dissemination of any plant pest or noxious
weed new to or not known to be widely prevalent or distributed in the United
States. Authorizes the
Secretary to order an owner (including
the owner’s agent) of any item subject to action under subsection (a) to
treat, apply other remedial
measures, to destroy, or otherwise dispose
of such item without cost to the Federal Government in a manner the Secretary
deems appropriate.
If the owner fails to take action as ordered,
the Secretary may take the action and recover the costs of the actions
from the owner or his agent.
The Secretary is authorized to develop
a classification system and integrated management plan regarding noxious
weeds. Requires the
Secretary to take the least drastic action
to prevent the dissemination of a plant pest or noxious weed.
Sec. 415. Declaration of Extraordinary
Emergency.
Authorizes
the Secretary to declare an extraordinary emergency in certain situations.
Once an extraordinary emergency is declared, the
Secretary can take actions to prohibit
or restrict movement or require that other actions be taken concerning
regulated items regardless of
whether the items are moving in interstate
commerce. Action can be taken only if the Secretary finds that the
actions taken by the State are not
adequate and the Secretary publishes those
findings in the Federal Register. Actions the Secretary takes must
also be the least drastic actions
that are feasible to deal with the plant
pest or noxious weed problem. Finally, the Secretary is authorized
to pay compensation for economic
losses.
Sec. 416. Recovery of Compensation
for Unauthorized Activities.
Authorizes
the owners of plants, biological control organisms, plant products, plant
pests, noxious weeds, articles, or means of
conveyance destroyed or disposed of under
section 414 or 415 to bring an action not later than 1 year after the destruction
or disposal in U.S.
district court and for the owner to recover
just compensation for an unauthorized destruction or disposal of such property.
Sec. 417. Control of Grasshoppers
and Mormon Crickets.
Subject
to the availability of funding, the Secretary shall carry out control programs
for grasshoppers and Mormon crickets on Federal,
State, and private lands to protect rangeland.
Authorizes the pooling of funds between the Department of Agriculture and
the Department of the
Interior to conduct such programs on Federal
lands controlled by the Department of the Interior. This section
also provides the formula for the
Federal cost share for treatment programs.
Sec. 418. Certification for Exports.
Authorizes
the Secretary to certify for export plants, plant products, and biological
control organisms as to freedom from plant pests or
noxious weeds or exposure to plant pests
or noxious weeds according to phytosanitary or other requirements of the
exporting country.
Subtitle B – Inspection and Enforcement
Sec. 421. Inspections, Seizures,
Warrants.
Authorizes
warrantless inspections based on guidelines approved by the Attorney General:
(1) of persons or means of conveyance
moving into the United States to determine
whether they are carrying any regulated material; (2) of persons or means
of conveyance moving
interstate upon probable cause to believe
that they are carrying regulated material; and (3) of any person or means
of conveyance moving
intrastate under extraordinary emergency
conditions (see section 415) upon probable cause to believe that they are
carrying regulated material.
The Secretary is also authorized to enter
premises with a warrant issued by a Federal judge to make inspections and
seizures necessary under
the Act.
Sec. 422. Collection of Information.
Authorizes
the Secretary to gather and compile information and to conduct investigations
necessary for the administration and
enforcement of the Act.
Sec. 423. Subpoena Authority.
Authorizes the Secretary to require the attendance of witnesses and production
of documentary evidence
through the use of subpoenas to aid in
investigations and proceedings. This provision also authorizes the
Secretary to request the Attorney
General to take actions to enforce such
subpoenas.
Sec. 424. Penalties for Violation.
Allows
for criminal penalties as provided under Title 18 of the U.S. Code for
knowing violations of the Act or any misuse of a permit,
certificate, or other document.
It also provides for civil penalties for violations of the Act, including
forging, counterfeiting, using in an
unauthorized manner, altering, defacing,
or destroying any certificate, permit, or document provided for under the
Act not to exceed the greater
of: (1) $50,000 for an individual, $250,000
for any other violation by a person, and $500,000 for all violations adjudicated
in the same
proceeding, or (2) twice the gross gain
or gross loss associated with the violation. The penalty has been
increased from $1,000 per violation.
Finally, section 204 authorizes the issuance
of a notice of warning in lieu of criminal prosecution.
Sec. 425. Attorney General Enforcement
Actions.
Authorizes
the Attorney General to prosecute criminal violations of the Act; bring
an action to enjoin violation of or compel compliance
with the Act; or bring an action for recovery
of reimbursable funds, civil penalties, late payment penalties, or interest
that has not been paid.
Sec. 426. Court Jurisdiction.
Delineates the jurisdiction of courts
in most cases arising under the Act.
Subtitle C – Miscellaneous Provisions
Sec. 431. Cooperation.
Authorizes
the Secretary to cooperate with other Federal agencies, States or their
political subdivisions, foreign governments or their
political subdivisions, domestic or international
organizations or associations, or other persons to carry out the Act.
Section 301 authorizes the
Secretary to transfer biological control
technology to States, Federal agencies, or other persons for use in control
of plant pests or noxious
weeds. Section 301 also authorizes
cooperation with States and other persons in the administration of programs
for the improvement of plants,
plant products, and biological control
organisms. Finally, Section 431 authorizes the Secretary to ensure
that all phytosanitary import/export
issues are addressed based on sound science
and consistent with applicable international agreements.
Sec. 432. Buildings, Land, People,
Claims, and Agreements.
Authorizes
the Secretary to acquire and maintain real or personal property for special
purposes; to enter into contracts, cooperative
agreements, memoranda of understanding,
and other agreements; to employ any person; or to make grants necessary
for carrying out this Act.
Section 432 also authorizes the payment
of tort claims when the claims arise outside the United States in connection
with activities authorized
by this Act. Claims must be presented
in writing within 2 years after the claim accrues.
Sec. 433. Reimbursable Agreements.
Authorizes
the Secretary to enter into reimbursable fee agreements for preclearance
at locations outside the United States for plants,
plant products, biological control organisms,
and articles. Funds collected are credited to accounts established
by the Secretary and remain
available until expended. Section
433 also authorizes the Secretary to pay employees performing inspection,
quarantine, or other services
relating to imports and exports for all
overtime, night, or holiday work and to require the person for whom the
service is performed to reimburse
the Secretary for the services.
Sec. 434. Regulations and Orders.
Authorizes
the Secretary to issue orders and regulations necessary to carry out this
Act.
Sec. 435. Protection for Mail Handlers.
This Act
shall not apply to any employee of the United States in the performance
of the duties of the employee in handling the mail.
Sec. 436. Preemption.
Provides
that no State or political subdivision may take an action to regulate in
foreign commerce any article or means of conveyance,
plant, biological control organism, plant
pest, noxious weed, or plant product in order to control or eradicate a
plant pest or noxious weed, or
prevent the introduction or dissemination
of a biological control organism, plant pest, or noxious weed.
Similarly,
no State or political subdivision may take an action to regulate interstate
commerce different from Federal regulations in any of
the delineated items; control a plant
pest or noxious weed; eradicate a plant pest or noxious weed; or prevent
the introduction or dissemination
of a biological control organism, plant
pest, or noxious weed if the Secretary has issued a regulation or order
to prevent the dissemination of the
biological control organism, plant pest,
or noxious weed. However, if State or local officials can demonstrate
a special local circumstance, they
can petition the Secretary to allow for
the imposition of additional prohibitions or restrictions by the State
or local government.
Sec. 437. Severability.
Contains
standard severability language.
Sec. 438. Repeals.
Enumerates
the list of laws being repealed and replaced by this Act.
Subtitle D –Authorizations of Appropriations
Sec. 441. Authorization of Appropriations.
Authorizes
the appropriation of such amounts necessary to carry out this Act.
Unless specifically authorized, no part of appropriated
funds shall be used for indemnification
purposes.
Sec. 442. Transfer Authority.
Authorizes
the Secretary to transfer funds without fiscal year limitation from any
agency or corporation of the Department to arrest, control,
eradicate, and/or prevent the spread of
a plant pest or noxious weed in connection with a threatening agricultural
emergency.
Title V – Inspection Animals
Sec. 501. Inspection Animal Civil
Penalties.
Provides
for civil penalties of up to $10,000 for causing harm to or interfering
with a Department of Agriculture inspection animal.
Sec. 502. Inspection Animal Subpoena
Authority.
Authorizes
the Secretary to require the attendance of witnesses and production of
documentary evidence through the use of subpoenas
to aid in investigations and proceedings.
This provision also authorizes the Secretary to request the Attorney General
to take actions to enforce
such subpoenas.
[1] In general,
the Statement of Managers is arranged in order by title of the conference
substitute, and by the House bill within the title.