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 101 STAT. 1329-449

PUBLIC LAW 100-202—DEC. 22, 1987

"(4) the amount of foreign currency proceeds that were used •;' under agreements under this section and section 207 in the preceding fiscal year, and the percentage of the quantity of all J commodities and products furnished under this section and section 207 in such fiscal year such use represented; "(5) the President's best estimate of the amount of foreign '-' currency proceeds that will be used, under agreements under this section and section 207, in the then current fiscal year and the next following fiscal year (if all requests for such use are agreed to), and the percentage that such estimated use represents of the quantity of all commodities and products that the President estimates will be furnished under this section and section 207 in each such fiscal year; "(6) the effectiveness of such sales, barter, and use during the preceding fiscal year in facilitating the distribution of commodities and products under this section and section 207; "(7) the extent to which such sales, barter, or uses— "(A) displace or interfere with commercial sales of United States agricultural commodities and products that otherwise would be made; "(B) affect usual marketings of the United States; "(C) disrupt world prices of agricultural commodities or normal patterns of trade with friendly countries; or "(D) discourage local production and marketing of agri^ ( = cultural commodities in the countries in which commodities and products are distributed under this title; and "(8) the President's recommendations, if any, for changes to improve the conduct of sales, barter, or use activities under this section and section 207.". SEC. 14. USES OF FOREIGN CURRENCIES.

Section 207 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726a) is amended— (1) in subsection (a), by inserting "or cooperative" after "agency"; (2) in subsection (b), by striking out "5 percent" and inserting in lieu thereof "10 percent"; and (3) by adding at the end the following: "(c) Foreign currencies generated from any partial or full sales or barter of commodities by a nonprofit voluntary agency or cooperative shall be used— "(1) to transport, store, distribute, and otherwise enhance the effectiveness of the use of commodities and the products thereof donated under this title; and "(2) to implement income generating, community development, health, nutrition, cooperative development, agricultural programs, and other developmental activities.". SEC. 15. PERIODS FOR REVIEW AND COMMENT.

Title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.) is amended by adding at the end thereof the following: 7 USC 1726b.

"SEC. 208. PERIODS FOR REVIEW AND COMMENT.

"(a) RESPONSE.—If a proposal to make agricultural commodities available under this title is submitted by a nonprofit voluntary agency or cooperative with the concurrence of the appropriate

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101 STAT. 1329-450

United States Government field mission or if a proposal to make agricultural commodities available to a nonprofit voluntary agency or cooperative is submitted by the United States Government field mission, a decision on the proposal shall be provided within 45 days after receipt by the Agency for International Development office in Washington, D.C. The response shall detail the reasons for approval or denial of the proposal. If the proposal is denied, the response shall specify the conditions that would need to be met for the proposal to be approved. "(b) NOTICE AND COMMENT.—Not later than 30 days before the President of U.S. issuance of a final guideline to carry out this title, the President shall— "(1) provide notice of the proposed guideline to nonprofit voluntary agencies and cooperatives that participate in programs under this title, and other interested persons, that the proposed guideline is available for review and comment; "(2) make the proposed guideline available, on request, to the agencies, cooperatives, and others; and "(3) take any comments received into consideration before the issuance of the final guideline. "(c) DEADLINE FOR SUBMISSION OF COMMODITY ORDERS.—Not later than 15 days after receipt of a call forward from a field mission for commodities or products that meets the requirements of this title, the order for the purchase or the supply, from inventory, of such commodities or products shall be transmitted to the Commodity Credit Corporation.". Approved December 22, 1987. . Certified April 20, 1988. Eklitorial note: This printed version of the original hand enrollment is published pursuant to section 101(n)(4) of this law. The following memorandum for the Archivist of the United States was signed by the President on January 28, 1988, and was printed in the Federal Register on February 1, 1988: By the authority vested in me as President by the Constitution and laws of the United States, including Section 301 of Title 3 of the United States Code, I hereby authorize you to ascertain whether the printed enrollment of H.J. Res. 395, Joint Resolution making further continuing appropriations for the fiscal year 1988 (Public Law 100-202), and H.R. 3545, the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), are correct printings of the hand enrollments, which were approved on December 22, 1987, and if so to make on my behalf the certifications required by Section 101(n)(4) of H.J. Res. 395 and Section 8004(c) of H.R. 3545. Attached are the printed enrollments of H.J. Res. 395 and H.R. 3545, which were received at the White House on January 27, 1988. This memorandum shall be published in the Federal Register. The Archivist on April 20, 1988, certified this to be a correct printing of the hand enrollment of Public Law 100-202. LEGISLATIVE HISTORY—H.J. Res. 395: HOUSE REPORTS: No. 100-415 (Comm. on Appropriations) and No. 100-498 (Comm. of Conference). SENATE REPORTS: No. 100-238 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 3, considered and passed House. Dec. 11, considered and passed Senate, amended. Dec. 21, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 22, Presidential remarks.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/794

 101 STAT. 1330

PUBLIC LAW 100-203—DEC. 22, 1987

•Public Law 100- -203 100th Congress An Act Dec. 22, 1987 [H.R. 3545] Omnibus Budget Reconciliation Act of 1987.

To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for the fiscal year 1988.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ,. SECTION 1. SHORT TITLE.

"

" ^

This Act may be cited as the "Omnibus Budget Reconciliation Act of 1987". -,^,.,,. ,.,.,.,.,, SEC. 2. TABLE OF CONTENTS.

<i

Title I—Agriculture and related programs. Title II—National Ek:onomic Commission. Title III—Education programs. Title IV—Medicare, medicaid, and other health-related programs. Title V—Energy and environmental programs. Title VI—Civil service and postal service programs. ' ' Title VII—Veterans' programs. •Title VIII—Budget policy and fiscal procedures. < Title IX—Income security and related programs. ^,.,,..,, Title X—Revenues. Agricultural Reconciliation Act of 1987.

"' ^,

^ ^

TITLE I—AGRICULTURE AND RELATED PROGRAMS ix: SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.

7 USC 1421 note.

(a) SHORT TITLE.—This title may be cited as the "Agricultural Reconciliation Act of 1987". (b) TABLE OF CONTENTS.—The table of contents is as follows: TABLE OF CONTENTS Sec. 1001. Short title; table of contents.

,.

Subtitle A—Adjustments to Agricultural Commodity Programs Sec. 1101.Target price reductions. Sec. 1102.Loan rates. Sec. 1103.Feed grain diversion program. Sec. 1104.Price support reduction tor nontarget price commodities. Sec. 1105.Loan rate differentials. Sec. 1106.Storage cost adjustment. ,^ y Sec. 1107.Acreage limitation program for oats. • r ' Sec. 1108.Producer reserve program. Sec. 1109.Yield adjustments. Sec. 1110.Advance payments. Sec. n i l. Advanced emergency compensation payments for wheat. Sec. 1112. Tobacco provisions. Sec. 1113. Haying and grazing.

ENROLLMENT ERRATA Pursuant to the provisions of section 8004 of this Act (appearing on 101 Stat. 1330-282), changes made are indicated by footnote. 'Note: For information on the printing of this law and a related Presidential memorandum, see the editorial note at the end.

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Subtitle B—Optional Acreage Diversion Sec. 1201. Wheat optional acreage diversion program. Sec. 1202. Feed grains optional acreage diversion program. Sec. 1203. Regulations. Sec. 1301. Sec. 1302. Sec. 1303. Sec. Sec. Sec. Sec.

1304. 1305. 1306. 1307.

Subtitle C—Farm Program Payments Prevention of the creation of entities to qualify as separate persons. Payments limited to active farmers. Definition of person: eligible individuals and entities; restrictions applicable to cash-rent tenants. More effective and uniform application of payment limitations. Regulations; transition rules; equitable adjustments. Foreign persons made ineligible for program benefits. Honey loan limitation. Subtitle D—Prepayment of Rural Electrification Loans '

Chapter 1—Prepayment of Rural Electrification Loans Sec. 1401. Prepayment of loans. Sec. 1402. Use of funds. Sec. 1403. Cushion of credit payments program. Sec. 1411. Sec. 1412. Sec. 1413. Sec. 1414. Sec. Sec. Sec. Sec. Sec. Sec.

1501. 1502. 1503. 1504. 1505. 1506.

Sec. 1507. Sec. 1508. Sec. 1509.

-

Chapter 2—Rural Telephone Bank Borrowers Rural Telephone Bank interest rates and loan prepayments. Interest rate to be considered for purposes of assessing eligibility for loans. Establishment of reserve for losses due to interest rate fluctuations. Publication of Rural Telephone Bank policies and regulations. Subtitle E—Miscellaneous Marketing order penalties. Study of use of agricultural commodity futures and options markets. Authorization of appropriations for Philippine food aid initiative. Rural industrialization assistance. Plant variety protection fees. Annual appropriations to reimburse the Commodity Credit Corporation for net realized losses. Federal crop insurance. ,; Ethanol usage. Demonstration of family independence program. ,

Subtitle A—Adjustments to Agricultural Commodity Programs SEC. 1101. TARGET PRICE REDUCTIONS.

(a) WHEAT.—Effective only for the 1988 and 1989 crops of wheat, section 107D(c)(l)(G) of the Agricultural Act of 1949 (7 U.S.C. 1445b3(c)(1)(G)) is amended by striking out "$4.29 per bushel for the 1988 crop, $4.16 per bushel for the 1989 crop" and inserting in lieu thereof "$4.23 per bushel for the 1988 crop, $4.10 per bushel for the 1989 crop". (b) FEED GRAINS.—Effective only for the 1988 and 1989 crops of feed grains, section 105C(c)(l)(E) of such Act (7 U.S.C. 1444e(c)(l)(E)) is amended by striking out "$2.97 per bushel for the 1988 crop, $2.88 per bushel for the 1989 crop" and inserting in lieu thereof "$2.93 per bushel for the 1988 crop, $2.84 per bushel for the 1989 crop". (c) COTTON.—Effective only for the 1988 and 1989 crops of upland cotton, section 103A(c)(l)(D) of such Act (7 U.S.C. 1444-l(c)(l)(D)) is amended by striking out "$0.77 per pound for the 1988 crop, $0,745 ' Copy read "loans".

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PUBLIC LAW 100-203—DEC. 22, 1987

per pound for the 1989 crop" and inserting in lieu thereof "$0,759 per pound for the 1988 crop, $0,734 per pound for the 1989 crop". (d) EXTRA LONG STAPLE COTTON.—Effective only for the 1988 and 1989 crops of extra long staple cotton, section 103(h)(8)(B) of such Act (7 U.S.C. 1444(h)(3)(B)) is amended— (1) by striking out "The" and inserting in lieu thereof "Except as provided in clause (ii), the"; and (2) by adding at the end thereof the following new clause: "(ii) In the case of each of the 1988 and 1989 crops of extra long staple cotton, the established price for each such crop shall be 118.3 percent of the loan level determined for such crop under paragraph (2).". (e) RICE.—Effective only for the 1988 and 1989 crops of rice, section 101 A(c)(l)(D) of such Act (7 U.S.C. 1441-l(c)(l)(D)) is amended by striking out "$11.30 per hundredweight for the 1988 crop, $10.95 per hundredweight for the 1989 crop" and inserting in lieu thereof "$11.15 per hundredweight for the 1988 crop, $10.80 per hundredweight for the 1989 crop". SEC. 1102. LOAN RATES.

'

(a) WHEAT.—Effective only for the 1988 through 1990 crops of wheat, section 107D(a)(3)(B) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(a)(3)(B)) is amended by striking out "not be reduced by more than 5 percent from the level determined for the preceding crop." and inserting in lieu thereof the following: "not be reduced by more than— "(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; "(ii) in the case of the 1988 crop, 3 percent from the level, ^ . determined for the preceding crop; "(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary, after taking into account any reduction that is provided for under paragraph (4)(A)(ii), determines that 5 such additional percentage reduction is necessary to maintain a competitive market position for wheat; and "(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.". (b) FEED GRAINS.—Effective only for the 1988 through 1990 crops of feed grains, section 105C(a)(2)(B) of such Act (7 U.S.C. 1444e(a)(2)(B)) is amended by striking out "not be reduced by more than 5 percent from the level determined for the preceding crop." and inserting in lieu thereof the following: "not be reduced by more than— "(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; "(ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; "(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary, after taking into account any reduction that ^ is provided for under paragraph (3)(A)(ii), determines that such additional percentage reduction is necessary to msdntain a competitive market position for feed grains; and

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"(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.". (c) COTTON.—Effective only for the 1988 through 1990 crops of upland cotton, subparagraph (A) of section 103A(a)(2) of such Act (7 U.S.C. 1444-l(a)(2)(A)) is amended to read as follows: "(A) The loan level for any crop determined under paragraph (1)(B) may not be reduced below 50 cents per pound nor more than— "(i) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; "(ii) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; "(iii) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for upland cotton; and "(iv) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop.". (d) RICE.—Effective only for the 1988 through 1990 crops of rice, paragraph (2) of section lOlA(a) of such Act (7 U.S.C. 1441-l(a)(2)) is amended to read as follows: "(2) The loan level for any crop determined under paragraph (I)(B) may not be reduced by more than— "(A) in the case of the 1987 crop, 5 percent from the level determined for the preceding crop; "(B) in the case of the 1988 crop, 3 percent from the level determined for the preceding crop; "(C) in the case of the 1989 crop, 5 percent from the level determined for the preceding crop, plus an additional 2 percent from the level determined for the preceding crop if the Secretary determines that such additional percentage reduction is necessary to maintain a competitive market position for rice; and "(D) in the case of the 1990 crop, 5 percent from the level determined for the preceding crop,". SEC. 1103. FEED GRAIN DIVERSION PROGRAM.

Effective only for the 1988 and 1989 crops of feed grains, section 105C(fK5) of the Agricultural Act of 1949 (7 U.S.C. 1444e(f)(5)) is amended by adding at the end thereof the following new subparagraph: "(D)(i) In the case of the 1988 and 1989 crops of corn, grain sorghums, and barley, except as provided in clause (ii), the Secretary shall make land diversion payments to producers of corn, grain sorghums, and barley, in accordance with this paragraph, under which the required reduction in the crop acreage base shall be 10 percent and the diversion payment rate shall be $1.75 per bushel for corn. The Secretary shall establish the diversion payment rate for grain sorghums and barley at such level as the Secretary determines is fair and reasonable in relation to the rate established for corn. "(ii) In the case of the 1989 crop of corn, grain sorghums, or barley, the Secretary may waive the application of clause (i) if the Secretary determines that it is necessary to maintain an adequate supply of corn, gredn sorghums, or barley.".

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 101 STAT. 1330-4

PUBLIC LAW 100-203—DEC. 22, 1987

SEC. 1104. PRICE SUPPORT COMMODITIES.

REDUCTION

FOR

NONTARGET

PRICE

(a) TOBACCO.—Effective only for the 1988 and 1989 crops of tobacco, section 106(f) of the Agricultural Act of 1949 (7 U.S.C. 1445(f)) is amended by adding at the end thereof the following new paragraph: "(8)(A) Notwithstanding any other provision of this subsecl&-^ tion, in the case of each of the 1988 and 1989 crops of any kind of tobacco, the Secretary shall reduce the support level for such i fv crop by an amount equal to 1.4 percent of the level otherwise established under this subsection. Any such reduction shall not ':. be taken into consideration in determining the support level for a subsequent crop of tobacco. "(B) In lieu of making any such reduction, the Secretary may impose assessments on the producers and purchasers in an i amount sufficient to realize a reduction in outlays equal to the amount that would have been achieved as a result of the ] ^ reduction required under subparagraph (A). Such assessments shall not apply to purchasers if it is judicially determined that the imposition of the purchaser assessment will adversely affect the contracts entered into under section 1109 of the Consolidated Omnibus Budget Reconciliation Act of 1986 (7 U.S.C. — 1445-3).". (b) PEANUTS.—Effective only for the 1988 and 1989 crops of peanuts, section 108B of such Act (7 U.S.C. 1445c-2) is amended by adding at the end thereof the following new paragraph: "(6) Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of peanuts, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this paragraph.". (c) HONEY.—Effective only for the 1987 through 1990 crops of honey, section 201(b)(l) of such Act (7 U.S.C. 14460^X1)) is amended by adding at the end thereof the following new subparagraph: "(D) Notwithstanding the foregoing provisions of this paragraph, effective for each of the 1987 through 1990 crops, the loan and purchase level for honey that would otherwise apply under subparagraphs (B) and (C), without regard to this after the date of the enactment of this subparagraph by 2 cents '^ per pound for the 1987 crop, % cents per pound for the 1988 crop, Vz cent per pound for the 1989 crop, and V4 cent per pound ^ for the 1990 crop.^'. (d) MILK.—Section 201(d)(2) of such Act (7 U.S.C. 1446(d)) is amended— (1) in subparagraph (C), by striking out "subparagraph (A)" and inserting in lieu thereof this paragraph"; and (2) by adding at the end thereof the following new subparagraph: "(F) During calendar year 1988, the Secretary shall provide for a reduction of 2y2 cents per hundredweight to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use.". (e) SUGAR.—Section 201(j) of such Act (7 U.S.C. 14460')) is amended by adding at the end thereof the following new paragraph: ..
 * ^f subparagraph, shall be reduced for loans and purchases made

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"(1) Notwithstanding any other provision of this section, in the case of each of the 1988 and 1989 crops of sugar beets and sugarcane, the Secretary shall reduce outlays under the program provided for under this subsection by an amount equal to 1.4 percent of the amount of outlays that would otherwise be incurred in the absence of the reduction required by this > paragraph.". (f) WOOL AND MOHAIR.—Section 703(b) of the National Wool Act of 1954 (7 U.S.C. 1782) is amended— (1) by striking out "The" and inserting in lieu thereof "(1) Except as provided in paragraphs (2) and (3), the"; (2) by striking out ": Provided," and all that follows through the period and inserting in lieu thereof a period; and (3) by adding at the end thereof the following new paragraphs: "(2) Except as provided in paragraph (3), for the marketing years beginning January 1, 1982, and ending December 31, 1990, the support price for shorn wool shall be 77.5 percent (rounded to the nearest full cent) of the amount calculated according to paragraph (1). "(3) For the marketing years beginning January 1, 1988, and ending December 31, 1989, the support price for shorn wool shall be 76.4 percent (rounded to the nearest full cent) of the amount calculated according to paragraph (1).".

,,,>H

SEC. 1105. LOAN RATE DIFFERENTIALS.

Section 403 of the Agricultural Act of 1949 (7 U.S.C. 1423) is amended by adding at the end thereof the following new sentence: "Notwithstanding the preceding provisions of this section, for each of the 1988 through 1990 crops of wheat and feed grains, no adjustment in the loan rate applicable to a particular region. State, or county for the purpose of reflecting transportation differentials may increase or decrease such regional. State, or county loan rate from the level established for the previous year by more than the percentage change in the national average loan rate plus or minus 2 percent.". SEC. 1106. STORAGE COST ADJUSTMENT,

For the fiscal years 1988 and 1989, the Secretary of Agriculture shall ensure that expenditures of the Commodity Credit Corporation for commercial storage, transportation, and handling of commodities owned by the Corporation (excluding storage payments made in accordance with section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e)) are reduced by $230,000,000 in such fiscal years from the amount of funds otherwise projected to be expended in fiscal years 1988 and 1989 under the budget base determined under section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) for commercial storage, transportation, and handling of such commodities. In order to achieve the savings required by this section, the Secretary shall adjust storage, handling, or transportation expenditures paid by the Corporation or take other appropriate actions. SEC. 1107. ACREAGE LIMITATION PROGRAM FOR OATS.

Effective only for the 1988 through 1990 crops of feed grains, section 105C(fK2) of the Agricultural Act of 1949 (7 U.S.C. 1444e(fK2)) is amended by adding at the end thereof the following new subparagraph:

15 USC 714b

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 101 STAT. 1330-6

Regulations.

PUBLIC LAW 100-203—DEC. 22, 1987

"(G) In the case of the 1988 through 1990 crops of oats, the Secretary shall not establish a percentage reduction in accordance with paragraph (1) in excess of 5 percent. In implementing this subparagraph, the Secretary shall issue regulations that provide for the fair and equitable treatment of producers on a farm for which an oat and barley crop acreage base has been established. To ensure the efficient and fair implementation of this subparagraph, the Secretary shall announce revisions of the acreage limitation program for the 1988 crop of feed grains that implement this subparagraph as soon as practicable after the date of enactment of the Agricultural Reconciliation Act of 1987. In the case of the 1990 crop of oats, the Secretary may waive the application of this subparagraph if the Secretary determines that the supply of oats will be excessive.". SEC. 1108. PRODUCER RESERVE PROGRAM.

Subparagraph (A) of the fourth sentence of section llOOt)) of the Agricultural Act of 1949 (7 U.S.C. 1445eOb)) is amended— (1) in clause (i), by striking out "17 percent of the estimated total domestic and export usage of wheat during the then current marketing year for wheat, as determined by the Secretary" and inserting in lieu thereof "300 million bushels"; and (2) in clause (ii), by striking out "7 percent of the estimated total domestic and export usage of feed grains during the then current marketing year for feed grains, as determined by the Secretary" and inserting in lieu thereof "450 million bushels". SEC. 1109. YIELD ADJUSTMENTS.

Effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 50603X2) of the Agricultural Act of 1949 (7 U.S.C. 146603X2)) is amended by adding at the end thereof the following new subparagraph: "(C) In the Case of each of the 1988 through 1990 crop years for a commodity, if the farm program payment yield for a farm is reduced more than 10 percent below the farm program payment yield for the > 1985 crop year, the Secretary shall make available to producers established price payments for the commodity in such amount as the Secretary determines is necessary to provide the same total return to producers as if the farm program payment yield had not been reduced more than 10 percent below the farm program payment yield for the 1985 crop year. Such payments shall be made available to producers at the time final deficiency payments are made available.". SEC. 1110. ADVANCE PAYMENTS.

Effective only for the 1988 through 1990 crops of wheat, feed grains, upland cotton, and rice, section 107C(a) of the Agricultural Act of 1949 (7 U.S.C. 1445b-2(a)) is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph: "(1) If the Secretary establishes an acreage limitation or set-aside program for any of the 1988 through 1990 crops of wheat, feed grains, upland cotton, or rice under this Act and determines that deficiency payments will likely be made for such commodity for such crop, the Secretary shall make advance deficiency payments available to producers for each of such crops."; and ^ ^

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101 STAT. 1330-7

(2) in paragraph (2)(F), by striking out clause (iii) and inserting in lieu thereof the following new clause: "(iiiXD in the case of wheat and feed grains, not less than 40 percent, nor more than 50 percent, of the projected payment rate; and "(11) in the case of rice and upland cotton, not less than 30 percent, nor more than 50 percent, of the projected payment rate,". SEC. n i l. ADVANCED EMERGENCY COMPENSATION PAYMENTS FOR WHEAT.

Effective only for the 1987 through 1990 crops of wheat, section 107D(c)(l)(E) of the Agricultural Act of 1949 (7 U.S.C. 1445b3(c)(l)(E)) is amended by adding at the end thereof the following new clauses: "(iii) Notwithstanding any other provision of this Act, in the case of each of the 1987 through 1990 crops of wheat, the Secretary shall— "(I) by December 1 of each of the marketing years for such crops (or, in the case of the 1987 crop, as soon as practicable after the date of enactment of the Agricultural Reconciliation Act of 1987), estimate the national weighted average market price, per bushel of wheat, received by producers during such marketing year; "(II) by Etecember 15 of such marketing year (or, in the case of the 1987 crop, as soon as practicable, but not later than 75 days, after the date of enactment of such Act), use the estimate to make available to producers who have elected the payment option authorized by this clause not less than 75 percent of the increase in established price payments estimated to be payable with respect to such crop under this subparagraph; and "(III) adjust the amount of each final established price payment for wheat to reflect any difference between the amount of any estimated payment made under this clause and the amount of actual payment due under this subparagraph, "(iv) Producers shall elect the payment option authorized by clause (iii)— "(I) in the case of the 1987 crop of wheat, not later than 45 days after the date of the enactment of this clause; and (II) in the case of each of the 1988 through 1990 crops of wheat, at the time of entering into a contract to participate in the progreim established by this section for the crop.".

Contracts.

SEC. 1112. TOBACCO PROVISIONS. (a) TRANSFER AUTHORITY.—Section 316 of the Agricultural Adjust-

ment Act of 1938 (7 U.S.C. 316(h)) is amended by adding at the end thereof the following new subsection: "(h)(1) Notwithstanding any other provision of this section, the Secretary may permit, after June 30 of any crop year, the lease and transfer of flue-cured tobacco quota assigned to a farm if— "(A) the planted acreage of flue-cured tobacco on the farm to which the quota is assigned is determined by the Secretary to be equal to or greater than 90 percent of the farm's acreage allotment, or the planted acreage is determined to be sufflcient to produce the farm marketing quota under average conditions; and

91-194 O - 90 - 26: QL.3 Part 2

7 USC 1314b.

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 101 STAT. 1330-8

PUBLIC LAW 100-203—DEC. 22, 1987

"(B) the farm's expected production of flue-cured tobacco is less than 80 percent of the farm's effective marketing quota as a result of a natural disaster condition. "(2) Any lease and transfer of quota under this paragraph may be made to any other farm within the same State in accordance with regulations issued by the Secretary.". (b) PERIODIC ADJUSTMENT OF YIELD FACTOR FOR ^ FLUE-CURED TOBACCO ACREAGE-POUNDAGE QUOTAS.—Section 317(a) of such

Act (7 U.S.C. 1314c(a)) is amended by striking out "and at five year intervals thereafter" each place it appears in paragraphs (2), (4), and (6)(A). (c) IMPROVED TOBACCO FIELD MEASUREMENT.—It is the sense of Congress that the Secretary of Agriculture should review current compliance procedures for acreage or poundage quotas with respect to cigar and dark-air and fire-cured tobaccos under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) to determine means of improving such procedures. The Secretary shall recommend to Congress changes in existing law that would be necessary to implement any such improvements. SEC. 1113. HAYING AND GRAZING.

(a) WHEAT.—Effective only for the 1988 through 1990 crops of wheat, section 107D of the Agricultural Act of 1949 (7 U.S.C. 1445b-3) is amended— (1) in subsection (c)(l)(K)— (A) in clause (i)— (i) by striking out "(i)"; and (ii) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively; and (B) by striking out clause (ii); (2) in subsection (^4)— (A) in subparagraph (B)— (i) by striking out "Subject to subparagraph (C), the" and inserting in lieu thereof "The"; and (ii) by striking out "hay and grazing,"; and (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: "(C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(l)(C)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5month period shall be established during the period beginning April 1, and ending October 31, of a year. "(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. "(iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect.". » Copy read "FOR".

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(b) FEED GRAINS.—Effective only for the 1988 through 1990 crops of feed grains, section 105C of such Act (7 U.S.C. 1445b-3) is amended— (1) in subsection (c)(l)(D— (A) in clause (i)— (i) by striking out "(i)"; and (ii) by redesignating subclauses (I) and (II) as clauses ^.. (i) and (ii), respectively; and ' (B) by striking out clause (ii); (2) in subsection (f)(4)— (A) in subparagraph (B)— (i) by striking out "Subject to subparagraph (C), the" to^if^^ and inserting in lieu thereof "The"; and (ii) by striking out hay and grazing,; and (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: "(C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(l)(B)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5month period shall be established during the period beginning April 1, and ending October 31, of a year. "(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. "(iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect.". (c) COTTON.—Effective only for the 1988 through 1990 crops of upland cotton, section 103A of such Act (7 U.S.C. 1444-1) is amended— (1) in subsection (c)(l)(G)— (A) in clause (i)— (i) by striking out "(i)"; and (ii) by redesignating subclauses (I) and (II) sis clauses (i) and (ii), respectively; and (B) by striking out clause (ii); (2) in subsection (f)(3)— (A) in subparagraph (B)— (i) by striking out "Subject to s u b p a r ^ r a p h (C), the" and inserting in lieu thereof "The"; and (ii) by striking out "hay and grazing,"; and (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: "(C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation progrsim (including a program conducted under subsection (c)(l)(C)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5-

7 USC I444e.

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month period shall be established during the period beginning April 1, and ending October 31, of a year. "(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. "(iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect.". (d) RICE.—Effective only for the 1988 through 1990 crops of rice, section 101A of such Act (7 U.S.C. 1441-1) is amended— (1) in subsection (c)(1)(G)— (A) in clause (i)— (i) by striking out "(i)"; and (ii) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively; and (B) by striking out clause (ii); (2) in subsection (f)(3)— (A) in subparagraph (B)— (i) by striking out "Subject to subparagraph (C), the" and inserting in lieu thereof "The"; and (ii) by striking out "hay and grazing,"; and (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: "(C)(i) Except as provided in clauses (ii) and (iii), haying and grazing of acreage designated as conservation use acreage for the purpose of meeting any requirements established under an acreage limitation program (including a program conducted under subsection (c)(l)(B)), set-aside program, or land diversion program established under this section shall be permitted, except during any consecutive 5-month period that is established by the State committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) for a State. Such 5month period shall be established during the period beginning April 1, and ending October 31, of a year. "(ii) In the case of a natural disaster, the Secretary may permit unlimited haying and grazing on such acreage. "(iii) Haying and grazing shall not be permitted for any crop under clause (i) if the Secretary determines that haying and grazing would have an adverse economic effect.".

Subtitle B—Optional Acreage Diversion SEC. 1201. WHEAT OPTIONAL ACREAGE DIVERSION PROGRAM.

Effective only for the 1988 through 1990 crops of wheat, section 107D(c)(l)(C) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(C)) is amended— (1) in clause (i)(II), by striking out ", subject to the compliance of the producers with clause (ii)"; (2) by striking out clauses (ii) and (iii) and inserting in lieu thereof the following new clauses: "(ii) Notwithstanding any other provision of this section, any producer who elects to devote all or a portion of the permitted wheat acreage of the farm to conservation uses (or other uses as provided in subparagraph (K)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to wheat and eligible for payments under this subparagraph for such crop at a per-bushel rate established by the Secretary, except that

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such rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which wheat producers may agree to participate in the program for such crop. "(iii) The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county, State, or region. In carrying out this subparagraph, the Secretary is authorized to restrict the total amount of wheat acreage that may be taken out of production under this subparagraph, taking into consideration the total amount of wheat acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the amount of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of a disaster that occurred during such crop year."; and (3) in clause (iv)— (A) by inserting "(or all)" after "such portion"; and (B) by inserting "under this subparagraph" after "subparagraph (K))^. SEC. 1202. FEED GRAINS OPTIONAL ACREAGE DIVERSION PROGRAM.

Effective only for the 1988 through 1990 crops of feed grains, section 105C(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444e(c)(l)(B)) is amended— (1) in clause (i)(H), by striking out ", subject to the compliance of the producers with clause (ii)"; (2) by striking out clauses (ii) and (iii) and inserting in lieu thereof the following new clauses: "(ii) Notwithstanding any other provision of this section, any producer who elects to devote all or a portion of the permitted feed grsdn acreage of the farm to conservation uses (or other uses as provided in subparagraph (I)) under this subparagraph shall receive deficiency payments on the acreage that is considered to be planted to feed grains and eligible for pa3anents under this subparagraph for such crop at a per-bushel rate established by the Secretary, except that such rate may not be established at less than the projected deficiency payment rate for the crop, as determined by the Secretary. Such projected payment rate for the crop shall be announced by the Secretary prior to the period during which feed grain producers may agree to participate in the program for such crop. "(iii) The Secretary shall implement this subparagraph in such a manner as to minimize the adverse effect on agribusiness and other agriculturally related economic interests within any county. State, or region. In carrsdng out this subparagraph, the Secretary is authorized to restrict the total amount of feed grain acreage that may be taken out of production under this subparagraph, taking into consideration the total amount of feed grain acreage that has or will be removed from production under other price support, production adjustment, or conservation program activities. No restrictions on the amount of acreage that may be taken out of production in accordance with this subparagraph in a crop year shall be imposed in the case of a county in which producers were eligible to receive

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disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of a disaster that occurred during such crop year."; and (3) in clause (iv)— (A) by inserting "(or all)" after "such portion"; and (B) by inserting "under this subparagraph" after "subparagraph (I))". 7 USC 1444e

SEC. 1203. REGULATIONS.

(a) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations implementing the amendments made to sections 107D(c)(l)(C) and 105C(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(C) and 1444e(c)(l)(B)) by sections 1201 and 1202, respectively. (b) NoNREDUCTiON OF BASES AND YiELDS.—Such regulations shall include provisions that ensure that the wheat or feed grain crop acreage base and farm program payment yield for any farm will not be reduced if the producers on the farm set aside from production all, or a portion, of the producer's permitted acreage under the acreage diversion program under section 107D(c)(l)(C) or 105C(c)(l)(B) as amended by section 1201 or 1202, respectively. (c) EFFECT ON LANDLORD-TENANT RELATIONS.—Such regulations shall ensure, to the maximum extent practicable, that the programs authorized under this subtitle will not adversely affect the relationships between landlords and tenants, regarding any crop acreage base entered into such programs, in existence on the date of enactment of this Act.

Subtitle C—Farm Program Payments SEC. 1301. PREVENTION OF THE CREATION OF ENTITIES TO QUALIFY AS SEPARATE PERSONS.

(a) IN GENERAL.—Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended— (1) in section 1001(1) (7 U.S.C. 1308), by striking out "For each" and inserting in lieu thereof "Subject to sections lOOlA through lOOlC, for each"; (2) in section 1001(2)— (A) in subparagraph (A), by striking out "For each" and inserting in lieu thereof "Subject to sections lOOlA through lOOlC, for each"; and (B) in subparagraph (C), by striking out "The total" and inserting in lieu thereof "Subject to sections lOOlA through lOOlC, the total"; and (3) by inserting after section 1001 the following new section: 7 USC 1308-1.

"SEC. lOOlA. PREVENTION OF CREATION OF ENTITIES TO QUALIFY AS SEPARATE PERSONS; PAYMENTS LIMITED TO ACTIVE FARMERS. "(a) PREVENTION OF CREATION OF ENTITIES TO QUALIFY AS SEPARATE PERSONS.—For the purposes of preventing the use of multiple

legal entities to avoid the effective application of the payment limitations under section 1001: "(1) IN GENERAL.—A person (as defined in section 1001(5)(B)(i)) that receives farm program payments (as described in paragraphs (1) and (2) of this section as being subject to limitation)

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for a crop year under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) may not also hold, directly or indirectly, substantial beneficial interests in more than two entities (as defined in section 1001(5)(B)(i)(II)) engaged in farm operations that also receive such payments as separate persons, for the purposes of the application of the limitations under section 1001. A person that does not receive such payments for a crop year may not hold, directly or indirectly, substantial beneficial interests in more than three entities that receive such payments as separate persons, for the purposes of the application of the limitations under section 1001. "(2) MINIMAL BENEFICIAL INTERESTS.—For the purpose of this subsection, a beneficial interest in any entity that is less than 10 percent of all beneficial interests in such entity combined shall not be considered a substantial beneficial interest, unless the Secretary determines, on a case-by-case basis, that a smaller percentage should apply to one or more beneficial interests to ensure that the purpose of this subsection is achieved. "(3) NOTIFICATION BY ENTITIES.—To facilitate administration of this subsection, each entity receiving such pa3mients as a separate person shall notify each individual or other entity that acquires or holds a substantial beneficial interest in it of the requirements and limitations under this subsection. Each such entity receiving pa3mients shall provide to the Secretary of Agriculture, at such times and in such manner as prescribed by the Secretary, the name and social security number of each individual, or the name and taxpayer identification number of each entity, that holds or acquires a substantial beneficial interest. "(4) NOTIFICATION OF INTEREST.—

"(A) IN GENERAL.—If a person is notified that the person holds substantisd beneficial interests in more than the number of entities receiving payments that is permitted under this subsection for the purposes of the application of the limitations under section 1001, the person immediately shall notify the Secretary, designating those entities that should be considered as permitted entities for the person for purposes of applying the limitations. Each remaining entity in which the person holds a substantial beneficial interest shall be subject to reductions in the payments to the entity subject to limitation under section 1001 in accordance with this subparagraph. Each such payment applicable to the entity shall be reduced by an smiount that bears the same relation to the full payment that the person's beneficial interest in the entity bears to all beneficial interests in the entity combined. Before making such reductions, the Secretary shall notify all individuals or entities affected thereby and permit them to adjust among themselves their interests in the designated entity or entities. "(B) NOTICE NOT PROVIDED.—If the person does not so notify the Secretary, all entities in which the person holds substantisd beneficial interests shall be subject to reductions in the per person limitations under section 1001 in the manner described in subparagraph (A). Before making such reductions, the Secretary shall notify all individueds or entities affected thereby and permit them to adjust among

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PUBLIC LAW 100-203—DEC. 22, 1987 themselves their interests in the designated entity or entities.".

SEC. 1302. PAYMENTS LIMITED TO ACTIVE FARMERS.

Effective beginning with the 1989 crops, section 1001A of the Food Security Act of 1985, as added by section 1301, is amended by adding at the end the following: "0)) PAYMENTS LIMITED TO ACTIVE FARMERS.—

"(1) IN GENERAL.—To be separately eligible for farm program payments (as described in paragraphs (1) and (2) of section 1001 as being subject to limitation) under the Agricultural Act of 1949 with respect to a particular farming operation (whether in the person's own right or as a partn3r in a general partnership, a grantor of a revocable trust, a participant in a joint venture, or a participant in a similar entity (as determined by the Secretary) that is the producer of the crops involved), a person must be an individual or entity described in section 1001(5)(B)(i) and actively engaged in farming with respect to such operation, as provided under paragraphs (2), (3), and (4). (2) GENERAL CLASSES ACTIVELY ENGAGED IN FARMING.^—For

the purposes of paragraph (1), except as otherwise provided in paragraph (3): "(A) INDIVIDUALS.—An individual shall be considered to be actively engaged in farming with respect to a farm operation if— "(i) the individual makes a significant contribution (based on the total value of the farming operation) of^ "(I) capital, equipment, or land; and "(II) personal labor or active personal management; to the farming operation; and "(ii) the individual's share of the profits or losses from the farming operation is commensurate with the individual's contributions to the operation; and "(iii) the individual's contributions are at risk. "(B) CORPORATIONS OR OTHER ENTITIES.—A corporation or other entity described in section 1001(5)(B)(i)(II) shall be considered as actively engaged in farming with respect to a farming operation if— (i) the entity separately makes a significant contribution (based on the total value of the farming operation) of capital, equipment, or land; "(ii) the stockholders or members collectively make a significant contribution of personal labor or active personal management to the operation; and "(iii) the standards provided in clauses (ii) and (iii) of paragraph (A), as applied to the entity, are met by the entity. "(C) ENTITIES MAKING SIGNIFICANT CONTRIBUTIONS.—If a

general partnership, joint venture, or similar entity (as determined by the Secretary) separately makes a significant contribution (based on the total value of the farming operation involved) of capital, equipment, or land, and the standards provided in clauses (ii) and (iii) of paragraph (A), as applied to the entity, are met by the entity, the partners ' Copy read "CLASSES ACTIVELY ENGAGED IN FARMING".

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or members making a significant contribution of personal labor or active personal management shall be considered to be actively engaged in farming with respect to the farming operation involved. "(D) EQUIPMENT AND PERSONAL LABOR.—In making determinations under this subsection regarding equipment and personal labor, the Secretary shall take into consideration the equipment and personal labor normally and customarily provided by farm operators in the area involved to produce program crops. "(3) SPECIAL CLASSES ACTIVELY ENGAGED IN FARMING.—Not-

withstanding paragraph (2), the following persons shall be considered to be actively engaged in farming with respect to a farm operation: "(A) LANDOWNERS.—A person that is a landowner contributing the owned land to the farming operation if the landowner receives rent or income for such use of the land based on the land's production or the operation's operating results, and the person meets the standard provided in clauses (ii) and (iii) of paragraph (2)(A). "(B) FAMILY MEMBERS.—With respect to a farming operation conducted by persons, a majority of whom are individuals who are family members, an adult family member who makes a significant contribution (based on the total value of the farming operation) of active personal management or personal labor and, with respect to such contribution, who meets the standards provided in clauses (ii) and (iii) of paragraph (2)(A). For the purposes of the preceding sentence, the term 'family member' means an individual to whom another family member in the farming operation is related as lineal ancestor, lineal descendant, or sibling (including the spouses of those family members who do not make a significant contribution themselves). "(C) SHARECROPPERS.—A sharecropper who makes a significant contribution of personal labor to the farming operation and, with respect to such contribution, who meets the standards provided in clauses (ii) and (iii) of paragraph (2)(A). "(4) PERSONS NOT ACTIVELY ENGAGED IN FARMING.—For

the

purposes of paragraph (1), except as provided in paragraph (3), the following persons shall not be considered to be actively engaged in farming with respect to a farm operation: "(A) LANDLORDS.—A landlord contributing land to the farming operation if the landlord receives cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for such use of the land. "(B) OTHER PERSONS.—Any other person, or class of persons, determined by the Secretary as failing to meet the standards set out in paragraphs (2) and (3). "(5) CUSTOM FARMING SERVICES.—A person receiving custom farming services will be considered separately eligible for payment limitation purposes if such person is actively engaged in farming based on paragraphs (1) through (3). No other rules with respect to custom farming shall apply.".

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SEC. 1303. DEFINITION OF PERSON: ELIGIBLE INDIVIDUALS AND ENTITIES; RESTRICTIONS APPLICABLE TO CASH-RENT TENANTS.

7 USC 1308 note.

Regulations.

Effective beginning with the 1989 crops: (a) IN GENERAL.—Section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)) is amended— (1) by inserting after the first sentence of subparagraph (A) the following new sentence: "Such regulations shall incorporate the provisions in subparagraphs (B) through (E) of this paragraph, paragraphs (6) and (7), and sections lOOlA through lOOlC"; (2) by striking out the second sentence of subparagraph (A) and inserting in lieu thereof the following new subparagraph: "(B)(i) For the purposes of the regulations issued under subparagraph (A), subject to clause (ii), the term 'person' means— "(I) an individual, including any individual participating in a farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or a participant in a similar entity (as determined by the Secretary); "(II) a corporation, joint stock company, association, limited partnership, charitable organization, or other similar entity (as determined by the Secretary), including any such entity or organization participating in the farming operation as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or as a participant in a similar entity (as determined by the Secretary); and "(III) a State, political subdivision, or agency thereof. "(ii)(I) Such regulations shall provide that the term 'person' does not include any cooperative association of producers that markets commodities for producers with respect to the commodities so marketed for producers. "(II) In defining the term 'person' as it will apply to irrevocable trusts and estates, the Secretary shall ensure that fair and equitable treatment is given to trusts and estates and the beneficiaries thereof. "(iii) Such regulations shall provide that, with respect to any married couple, the husband and wife shall be considered to be one person, except that any married couple consisting of spouses who, prior to their marriage, were separately engaged in unrelated farming operations, each spouse shall be treated as a separate person with respect to the farming operation brought into the marriage by such spouse so long as such operation remains as a separate farming operation, for the purposes of the application of the limitations under this section."; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by adding at the end thereof the following new subparagraphs: "(D) Any person that conducts a farming operation to produce a crop subject to limitations under this section as a tenant that rents the land for cash (or a crop share guaranteed as to the amount of the commodity to be paid in rent) and that makes a significant contribution of active personal management but not of personal labor shall be considered the same person as the landlord unless the tenant makes a significant contribution of equipment used in the farming operation.

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"(E) The Secretary may not approve (for purposes of the application of the limitations under this section) any change in a farming operation that otherwise will increase the number of persons to which the limitations under this section are applied unless the Secretary determines that the change is bona fide and substantive. In the implementation of the preceding sentence, the addition of a family member to a farming operation under the criteria set out in section 1001A(b)(l)(B) shall be considered a bona fide and substantive change in the farming operation.". (b) LANDS OWNED BY STATES, POUTICAL SUBDIVISIONS, AND PUBLIC

SCHOOLS.—Paragraph (6) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308(6)) is amended to read as follows: "(6) The provisions of this section that limit payments to any person shall not be applicable to land owned by a public school district or land owned by a State that is used to maintain a public school.". SEC. 1304. MORE EFFECTIVE AND UNIFORM APPLICATION OF PAYMENT LIMITATIONS. (a) EDUCATION PROGRAM. 7 USC 1308 note. (1) IN GENERAL.—The Secretary of Agriculture shall implement a payment provisions education program for appropriate personnel of the Department of Agriculture and members and other personnel of local, county, and State committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), for the purpose of fostering more effective and uniform application of the payment limitations and restrictions under sections 1001 through lOOlC of the Food Security Act of 1985. (2) TRAINING.—The education program shall provide training to such personnel in the fair, accurate, and uniform application to individual farming operations of the provisions of law and regulation relating to the payment provisions of sections 1001 through lOOlC of the Food Security Act of 1985. Particular emphasis shall be given to the changes in the law made by sections 1301, 1302, and 1303 of this Act. (3) IMPLEMENTATION.—The education program shall be fully implemented, and the training completed, not later than 30 days after the date final regulations are issued to carry out the amendments made by this subtitle. (4) COMMODITY CREDIT CORPORATION.—The Secretary shall carry out the program provided under this subsection through the Commodity Credit (Corporation. (b) SCHEMES OR DEVICES.—Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended by inserting after section lOOlA, as added by sections 1301 and 1302 of this Act, the following new section: "SEC. lOOlB. SCHEMES OR DEVICES.

"If the Secretary of Agriculture determines that any person has adopted a scheme or device to evade, or that has the purpose of evading, section 1001, lOOlA, or lOOlC, such person shall be ineligible to receive farm program pa3mients (as described in paragraphs (1) and (2) of section 1001 as being subject to limitation) applicable to the crop year for which such scheme or device was adopted and the succeeding crop year.".

7 USC 1308-2.

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SEC. 1305. REGULATIONS: TRANSITION MENTS. 7 USC 1308 note.

RULES;

EQUITABLE ADJUST-

(a) REGULATIONS.—

(1) ISSUANCE.—The Secretary of Agriculture shall issue— (A) proposed regulations to carry out the amendments made by this subtitle not later than April 1, 1988; and (B) final regulations to carry out such amendments not later than August 1, 1988. (2) FIELD INSTRUCTIONS.—Any field instructions relating to, or other supplemental clarifications of, the regulations issued under sections 1001 through lOOlC of the Food Security Act of 1985 shall not be used in resolving issues involved in the application of the payment limitations or restrictions under such sections or regulations to individuals, other entities, or farming operations until copies of the publication are made available to the public. (b) ALLOWANCE FOR EQUITABLE REORGANIZATIONS.—To allow for the equitable reorganization of farming operations to conform to the limitations and restrictions contained in the amendments made to the Food Security Act of 1985 by this subtitle in cases in which the application of such limitations and restrictions will reduce payments to the farming operation (as determined by the Secretary), the Secretary may waive the application of the substantive change rule under section 1001(5)(E), as added by section 1303 of this Act, or any regulation of the Secretary containing a comparable rule, to any reorganization applied for prior to the final date when producers are eligible to enter into contracts to participate in the commodity programs established for the 1989 crop year, to the extent the Secretary determines appropriate to facilitate any such equitable reorganizations that does not increase such payments. (c) GOOD FAITH REUANCE ON OFFICIAL ADVICE.—Section 1001 of

the Food Security Act of 1985 (7 U.S.C. 1308) is amended by adding at the end thereof the following new paragraph: "(7) Regulations of the Secretary shall establish time limits for the various steps involved with notice, hearing, decision, and the appeals procedure in order to ensure expeditious handling and settlement of payment limitation disputes. Notwithstanding any other provision of law, actions taken by an individual or other entity in good faith on action or advice of an authorized representative of the Secretary may be accepted as meeting the requirement under this section or section lOOlA, to the extent the Secretary deems it desirable in order to provide fair and equitable treatment.". Contracts. (d) CONSERVATION RESERVE AppucATiON.—Notwithstanding sec7 USC 1308 note, tion 1234(fK2) of the Food Security Act of 1985 (16 U.S.C. 3834(f)), paragraphs (5) through (7) of section 1001, as amended by this subtitle, and sections 1001A through lOOlC, of the Food Security Act of 1985 shall apply to the conservation reserve program under subtitle D of title XII of such Act (16 U.S.C. 3831 et seq.) with respect to rental payments to persons under contracts entered into after the date of the enactment of this Act, except with respect to landlords that receive Cash rent, or a crop share guaranteed as to the amount of the commodity to be paid in rent, for the use of the land.

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101 STAT. 1330-19

SEC 1306. FOREIGN PERSONS MADE INELIGIBLE FOR PROGRAM BENEFITS.

Effective beginning with the 1989 crops, the Food Security Act of 1985 is amended by inserting after section lOOlB, as added by section 1304 of this Act, the following new section: "SEC. lOOlC. FOREIGN PERSONS MADE INELIGIBLE FOR PROGRAM BENEFITS.

7 USC 1308-3.

"Notwithstanding any other provision of law: "(a) IN GENERAL.—For each of the 1989 and 1990 crops, any person who is not a citizen of the United States or an alien lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall be ineligible to receive any type of production adjustment payments, price support program loans, payments, or benefits made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) with respect to any commodity produced, or land set aside from production, on a farm that is owned or operated by such person, unless such person is an individual who is providing land, capital, and a substantial amount of personal labor in the production of crops on such farm. "(b) CORPORATIONS OR OTHER ENTITIES.—For purposes of subsec-

tion (a), a corporation or other entity shall be considered a person that is ineligible for production adjustment payments, price support program loans, payments, or benefits if more than 10 percent of the beneficial ownership of the entity is held by persons who are not citizens of the United States or aliens lawfully admitted into the uasH United States for permanent residence under the Immigration and Nationality Act, unless such persons provide a substantial amount of personal labor in the production of crops on such farm. Notwithstanding the foregoing provisions of this subsection, with respect to an entity that is determined to be ineligible to receive such payments, loans, or other benefits, the Secretary may make payments, loans, and other benefits in an amount determined by the Secretary to be representative of the percentage interests of the entity that is owned by citizens of the United States and aliens lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act. "(c) PROSPECTIVE APPLICATION.—No person shall become ineligible Contracts. under this section for production adjustment pa3anents, price support program loans, payments or benefits as the result of the production of a crop of an agricultural commodity planted, or commodity program or conservation reserve contract entered into, before the date of the enactment of this section.". SEC. 1307. HONEY LOAN LIMITATION.

Section 1001(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308(2)(C)) is amended— (1) by striking out clause (i); and (2) in clause (ii), by striking out "(ii)".

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 101 STAT. 1330-20

PUBLIC LAW 100-203—DEC. 22, 1987

Subtitle D—Rural Electrification ^ ^ -^^ ^ Administration Programs CHAPTER 1—PREPAYMENT OF RURAL ELECTRIFICATION LOANS 1 USC 936a note.

SEC. 1401. PREPAYMENT OF LOANS. (a) ELIGIBILITY TO PREPAY.—Notwithstanding subsections (c), (d),

Regulations.

and (e) of section 306A of the Rural Electrification Act of 1936 (7 U.S.C. 936a (c), (d), and (e)), during fiscal year 1988, a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with subsections (a) and (b) of section 306A of such Act, except that any prepayment that would cause the total amount of such prepayments during fiscal year 1988 to exceed $2,000,000,000 shall be subject solely to the approval of the Secretary of the Treasury. Oa) PRIORITY FOR APPROVAL.—In determining which borrowers shall be permitted to prepay loans under subsection (a): (1) The Administrator of the Rural Electrification Administration shall give priority to those 8 borrowers that were determined by the Administrator, prior to the date of the enactment of this Act, to be eligible to prepay, or that prepaid, an advance under section 306A of such Act (as in effect prior to the date of the enactment of this Act), except that to retain such priority a borrower shall— (A) notify the Administrator in writing, within 30 days after the issuance of regulations to carry out this section, of the intent of the borrower to prepay; and (B) complete such prepayment by disbursing funds to the Federal Financing Bank to prepay loan advances within 120 days after the issuance of such regulations. (2) In considering requests for prepayment under subsection (a) by borrowers not described in paragraph (1), the Administrator shall permit prepayment based on the order in which borrowers are prepared to disburse funds to the Federal Financing Bank to complete such prepayments. If more than 1 borrower is so prepared at the same time, and if the combined amount of such prepayments would cause the total amount of prepayments during fiscal year 1988, under this section, to exceed $2,000,000,000, the Administrator shall— (A) base the determination on the date on which prepayment applications have been submitted; or (B) permit partial prepayment by two or more borrowers. (c) REGULATIONS.—Not later than 30 days after the date of enactment of this Act, the Administrator of the Rural Electrification Administration shall issue such regulations as are necessary to carry at this section. (d) STUDY.—Not later than January 1, 1989, the Comptroller General of the United States shall— (1) study— (A) all benefits provided by Federal Financing Bank lending and the procedures and conditions for the prepayment of current Federal Financing Bank loans;

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(B) the benefits and costs to Federal Financing Bank borrowers of making prepayments; and (C) alternative conditions and procedures for prepayment of all Federal Financing Bank loans to balance Federal benefits with Federal costs; and (2) submit to Congress a report describing the results of such Reports, study, together with any appropriate recommendations. SEC. 1402. USE OF FUNDS.

The Rural Electrification Act of 1936 is amended by inserting after section 311 (7 U.S.C. 940a) the following new section: "SEC. 312. USE OF FUNDS.

7 USC 940b.

"A borrower of an insured or guaranteed electric loan under this Act may, without restriction or prior approval of the Administrator, invest its own funds or make loans or guarantees, not in excess of 15 percent of its total utility plant.". SEC. 1403. CUSHION OF CREDIT PAYMENTS PROGRAM.

Title III of the Rural Electrification Act of 1936 (as amended by section 1402 of this Act) is amended by adding at the end thereof the following new section: "SEC. 313. CUSHION OF CREDIT PAYMENTS PROGRAM.

7 USC 940c.

"(a) ESTABLISHMENT.—

"(1) IN GENERAL.—The Administrator shall develop and promote a program to encourage borrowers to voluntarily make deposits into cushion of credit accounts established within the Rural Electrification and Telephone Revolving Fund. "(2) INTEREST.—Amounts in each cushion of credit account shall accrue interest to the borrower at a rate of 5 percent per annum. "(3) BALANCE.—A borrower may reduce the balance of its cushion of credit account only if the amount obtained from the reduction is used to make scheduled payments on loans made or guaranteed under this Act. "(h) USES OF CUSHION OF CREDIT PAYMENTS.— "(1) IN GENERAL.— "(A) CASH BALANCE.—Cushion of credit payments shall be

held in the Rural Electrification and Telephone Revolving Fund as a cash balance in the cushion of credit accounts of borrowers. "(B) INTEREST.—All cash balance amounts (obtained from cushion of credit payments, loan payments, and other sources) held by the Fund shall bear interest to the Fund at a rate equal to the weighted average rate on outstanding certificates of beneficial ownership issued by the Fund. "(C) CREDITS.—The amount of interest accrued on the cash balances shall be credited to the Fund as an offsetting reduction to the amount of interest paid by the Fund on its certificates of beneficial ownership. "(2) RURAL ECONOMIC DEVELOPMENT SUBACCOUNT.— "(A) MAINTENANCE OF ACCOUNT.—The Administrator

shall maintain a subaccount within the Rural Electrification and Telephone Revolving Fund to which shall be credited, on a monthly basis, a sum determined by multiplying the outstanding cushion of credit payments made after

jHli

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 101 STAT. 1330-22

PUBLIC LAW 100-203—DEC. 22, 1987 October 1, 1987, by the difference (converted to a monthly basis) between the average weighted interest rate paid on outstanding certificates of beneficial ownership issued by the Fund and the 5 percent rate of interest provided to borrowers on cushion of credit payments. "(B) GRANTS.—The Administrator is authorized, from the interest differential sums credited this subaccount and from any other funds made available thereto, to provide grants or zero interest loans to borrowers under this Act for the purpose of promoting rural economic development and job creation projects, including funding for project feasibility studies, start-up costs, incubator projects, and other reasonable expenses for the purpose of fostering rural development. "(C) REPAYMENTS.—In the case of zero interest loans, the Administrator shall establish such reasonable repayment terms as will ensure borrower participation. "(D) PROCEEDS.—All proceeds from the repayment of such loans shall be returned to the subaccount. "(E) NUMBER OF GRANTS.—Such loans and grants shall be made during each fiscal year to the full extent of the amounts held by the rural economic development subaccount, subject only to limitations as may be from timeto-time imposed by law.".

CHAPTER 2—RURAL TELEPHONE BANK BORROWERS

7 USC 948 note.

SEC. 1411. RURAL TELEPHONE BANK INTEREST RATES AND LOAN PREPAYMENTS. (a) FINDINGS.—Congress finds that— (1) overcharging of Rural Telephone Bank borrowers has resulted in $179,000,000 in excess profits and has imperiled borrowers by raising costs to ratepayers; (2) borrowers will be able to seek redress under section 408(b)(3)(G) of the Rural Electrification Act of 1936, as added by subsection (c), or may leave the Rural Telephone Bank, but in no case may the Governor of the Bank issue regulations requiring any penalty from borrowers seeking to retire debt prior to maturity; and (3) any reduction in Federal Government * expenditures in the operation of the Rural Telephone Bank, from borrowers' conduct resulting from the implementation of the amendments made by subsections 0>) and (c), should be included in all calculations of the budget of the United States Government, authorized under the *^ Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987. (b) RURAL TELEPHONE BANK LOAN PREPAYMENTS.— ® (1) PREPAYMENTS AUTHORIZED.—Section 408(b) of the Rural

Electrification Act of 1936 (7 U.S.C. 9480))) is amended by adding at the end the following new paragraph: "(8) A borrower with a loan from the Rural Telephone Bank may prepay such loan (or any part thereof) by paying the face amount thereof without being required to pay the prepayment ' Copy read "PREPAYMENTS.".
 * Copy read "government".
 * Copy read "under of the".

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penalty set forth in the note covering such loan, if such prepayment is not made later than September 30, 1988.". (2) PREPAYMENT REGULATIONS.—The Governor of the Rural Telephone Bank shall issue regulations to carry out the amendment made by paragraph (1) within 30 days after the date of enactment of this Act. Such regulations shall implement the amendment made by paragraph (1) without the addition of any restrictions not set forth in such amendment. (c) DETERMINATION OF INTEREST RATES ON RURAL TELEPHONE BANK

LOANS.—Paragraph (3) of section 4080t)) of the Rural Electrification Act of 1936 (7 U.S.C. 948(b)(3)) is amended— (1) by inserting "(A)" after the paragraph designation; and (2) by adding at the end thereof the following new subparagraphs: "(B) On and after the date of the enactment of this paragraph, advances made on or after such date of enactment under loan commitments made on or after October 1, 1987, shall bear interest at the rate determined under subparagraph (C), but in no event at a rate that is less than 5 percent per annum. "(C) The rate determined under this subparagraph shall be— "(i) for the period beginning on the date the advance is made and ending at the close of the fiscal year in which the advance is made, the average yield (on the date of the advance) on outstanding marketable obligations of the United States having a final maturity comparable to the final maturity of the advance; and "(ii) after the fiscal year in which the advance is made, the cost of money rate for such fiscal year, as determined under subparagraph (D). "(D) Within 30 days after the end of each fiscal year, the Governor shall determine to the nearest 0.01 percent the cost of money rate for the fiscal year, by calculating the sum of the resultis of the following calculations: "(i) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class A stock, multiplied by the rate of return payable by the telephone bank during the fiscal year, as specified in section 406(c), to holders of class A stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. "(ii) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class B stock, multiplied by the rate at which dividends are payable by the telephone bank during the fiscal year, as specified in section 406(d), to holders of class B stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. "(iii) The aggregate of all amounts received by the telephone bank during the fiscal year from the issuance of class C stock, multiplied by the rate at which dividends are payable by the telephone bank during the flsc£d year, under section 406(e), to holders of class C stock, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. "(ivXD The sum of the results of the calculations described in subclause (II).

7 USC 948 note.

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PUBLIC LAW 100-203—DEC. 22, 1987 "(II) The amounts received by the telephone bank during the fiscal year from each issue of telephone debentures and other obligations of the telephone bank, multiplied, respectively, by the rates at which interest is payable during the fiscal year by the telephone bank to holders of each issue, each of which products is divided, respectively, by the aggregate of the amounts advanced by the telephone bank during the fiscal year. "(v)(1) The amount by which the aggregate of the amounts advanced by the telephone bank during the fiscal year exceeds the aggregate of the amounts received by the telephone bank from the issuance of class A stock, class B stock, class C stock, and telephone debentures and other obligations of the telephone bank during the fiscal year, multiplied by the historic cost of money rate as of the close of the fiscal year immediately preceding the fiscal year, which product is divided by the aggregate of the amounts advanced by the telephone bank during the fiscal year. "(II) For purposes of this clause, the term 'historic cost of money rate', with respect to the close of a preceding fiscal year, means the sum of the results of the following calculations: The amounts advanced by the telephone bank in each fiscal year during the period beginning with fiscal year 1974 and ending with the preceding fiscal year, multiplied, respectively, by the cost of money rate for the fiscal year (as set forth in the table in subparagraph (E)) for fiscal years 1974 through 1987, and as determined by the Governor under this subparagraph for fiscal years after fiscal year 1987), each of which products is divided, respectively, by the aggregate of the amounts advanced by the telephone bank during the period. "(E) For purposes of subparagraph (DXII), the cost of money rate for the fiscal years in which each advance was made shall be as set forth in the following table: "For advances made in— Fiscal year 1974 Fiscal year 1975 Fiscal year 1976 Fiscal year 1977 Fiscal year 1978 Fiscal year 1979 Fiscal year 1980 Fiscal year 1981 Fiscal year 1982 Fiscal year 1983 Fiscal year 1984 Fiscal year 1985 Fiscal year 1986 Fiscal year 1987

The cost of money rate shall be— 5.01 percent 5.85 percent 5.33 percent 5.00 percent 5.87 percent 5.93 percent 8.10 percent 9.46 percent 8.39 percent 6.99 percent 6.55 percent 5.00 percent 5.00 percent 5.00 percent.

For purposes of this subparagraph, the term 'fiscal year' means the 12-month period ending on September 30 of the designated year. "(F)(i) Notwithstanding subparagraph (B), if a borrower holds a commitment for a loan under this section made on or after October 1, 1987, and before the date of the enactment of this paragraph, part or all of the proceeds of which have not been advanced as of such date of enactment, the borrower may, until the later of the date the next advance under the loan commit-

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ment is made or 90 days after such date of enactment, elect to have the interest rate specified in the loan commitment apply to the unadvanced portion of the loan in lieu of the rate which (but for this clause) would apply to the unadvanced portion under this paragraph. If any borrower makes an election under this clause with respect to a loan, the Governor shall adjust the interest rate which applies to the unadvanced portion of the loan accordingly. "(iiXD If the telephone bank, pursuant to section 407(b), issues telephone debentures on any date to refinance telephone debentures or other obligations of the telephone bank, the telephone bank shall, in addition to any interest rate reduction required by any other provision of this paragraph, for the period applicable to the advance, reduce the interest rate charged on each advance made under this section during the fiscal year in which the refinanced debentures or other obligations were originally issued by the amount applicable to the advance. "(II) For purposes of subclause (I), the term 'the period applicable to the advance' means the period beginning on the issue date described in subclause (I) and ending on the earlier of the date the advance matures or is completely prepaid. "(Ill) For purposes of subclause (I), the term 'the amount applicable to the advance' means an amount which fully reflects that percentage of the funds saved by the telephone bank as a result of the refinancing which is equal to the percentage representation of the advance in all advances described in subclause (I). "(IV) Within 60 days after any issue date described in subclause (I), the Governor shall amend the loan documentation for each advance described in subclause (I), as necessary, to reflect any interest rate reduction applicable to the advance by reason of this clause, and shall notify each affected borrower of the reduction. "(G) Within 30 days after the publication of any determination made under subparagraph (D), any affected borrower may obtain review of the determination, or any other equitable relief as may be determined appropriate, by the United States court of appeals for the judicial circuit in which the borrower does business by filing a written petition requesting the court to set aside or modify such determination. On receipt of such a petition, the clerk of the court shall transmit a copy of the petition to the Governor. On receipt of a copy of such a petition from the clerk of the court, the Governor shall file with the court the record on which the determination is based. The court shall have jurisdiction to affirm, set aside, or modify the determination. "(H) Within 5 days after determining the cost of money rate for a fiscal year, the Governor shall— "(i) cause the determination to be published in the Federal Register in accordance with section 552 of title 5, United States Code; and "(ii) furnish a copy of the determination to the Comptroller General of the United States. "(I) The Comptroller General shall review, on an expedited basis, each determination a copy of which is received from the Governor and, within 15 days after the date of such receipt, furnish Congress a report on the accuracy of the determination.

Federal Register, publication.

Reports.

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PUBLIC LAW 100-203—DEC. 22, 1987

"(J) The telephone bank shall not sell or otherwise dispose of any loan made under this section, except as provided in this paragraph.". SEC. 1412. INTEREST RATE TO BE CONSIDERED FOR PURPOSES OF ASSESSING ELIGIBILITY FOR LOANS. Paragraph (4) of section 408(b) of the Rural Electrification Act of 1936 (7 U.S.C. 948(b)(4)) is amended by inserting at the end the following: "For purposes of determining the creditworthiness of a borrower for a loan under this paragraph, the Governor shall assume that the loan, if made, would bear interest at a rate equal to the average yield (on the date of the determination) on outstanding marketable obligations of the United States having a final maturity comparable to the final maturity of the loan.".

7 USC 946.

Reports.

SEC. 1413. ESTABLISHMENT OF RESERVE FOR LOSSES DUE TO INTEREST RATE FLUCTUATIONS. (a) ESTABLISHMENT OF RESERVE; FUNDING.—Section 406 of the Rural Electrification Act of 1936 (7 U.S.C. 947) is amended by adding at the end the following: "(h) There is hereby established in the telephone bank a reserve for losses due to interest rate fluctuations. Within 30 days after the date of the enactment of this subsection, the Governor of the telephone bank shall transfer to the reserve for losses due to interest rate fluctuations all amounts in the reserve for contingencies as of the date of the enactment of this subsection. Amounts in the reserve for interest rate fluctuations may be expended only to cover operating losses of the telephone bank (other than losses attributable to loan defaults) and only after taking into consideration any recommendations made by the General Accounting Office under section 1413(b) of the Rural Telephone Bank Borrowers Fairness Act of 1987.". (b) STUDY B GENERAL ACCOUNTING OFFICE.—Within 180 days Y after the date of the enactment of this Act, the General Accounting Office shall complete a study of operations of the telephone bank and report its recommendations to the Committees on Agriculture and Government Operations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate with respect to— (1) the appropriate level of funding for the reserve for losses due to interest rate fluctuations established in section 406(h) of the Rural Electrification Act of 1936 (7 U.S.C. 947(h)) (as added by subsection (a)); (2) the circumstances under which amounts in the reserve for losses due to interest rate fluctuations should be expended; (3) the circumstances under which amounts should be added to the reserve for losses due to interest rate fluctuations; and (4) the disposition of excess reserves. In such study, the General Accounting Office shall consider the effects of such recommendations on telephone bank borrowers, the subscribers of such borrowers, and the United States Government, (c) LIMITATION ON ESTABLISHMENT OF N E W RESERVES.—Subsection

7 USC 946.

(g) of section 406 of the Rural Electrification Act of 1936 (7 U.S.C. 947(g)) is amended— (1) by striking out "reserves for losses," and inserting in lieu thereof "the reserve for loan losses,"; and

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(2) by adding at the end the following: "The telephone bank may not establish any reserve other than the reserves referred to in this subsection and in subsection (h).". SEC. 1414. PUBLICATION OF RURAL TELEPHONE BANK POLICIES AND REGULATIONS.

Notwithstanding the exemption contained in section 553(a)(2) of title 5, United States Code, the Governor of the telephone bank shall cause to be published in the Federal Register, in accordance with section 553 of title 5, United States Code, all rules, regulations, bulletins, and other written policy standards governing the operation of the telephone bank's programs relating to public property, loans, grants, benefits, or contracts. After September 30, 1988, the telephone bank may not deny a loan or advance to, or take any other adverse action against, any applicant or borrower for any reason which is based upon a rule, regulation, bulletin, or other written policy standard which has not been published pursuant to such section.

Subtitle E—Miscellaneous SEC. 1501. MARKETING ORDER PENALTIES.

Section 8c(14) of the Agricultural Adjustment Act of 1933 (7 U.S.C. 608c(14)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended— (1) by inserting "(A)" before "Any"; and (2) by adding at the end thereof the following new subparagraph: "(B) Any handler subject to an order issued under this section, or any officer, director, agent, or employee of such handler, who violates any provision of such order (other than a provision calling for payment of a pro rata share of expenses) may be assessed a civil penalty by the Secretary not exceeding $1,000 for each such violation. Each day during which such violation continues shall be deemed a separate violation, except that if the Secretary finds that a petition pursuant to paragraph (15) was filed and prosecuted by the handler in good faith and not for delay, no civil penalty may be assessed under this paragraph for such violations as occurred between the date on which the handler's petition was filed with the Secretary, and the date on which notice of the Secretary's ruling thereon was given to the handler in accordeuice with regulations prescribed pursuant to paragraph (15). The Secretary may issue an order assessing a civil penalty under this paragraph only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable in the district courts of the United States in any district in which the handler subject to the order is an inhabitant, or has the handler's principal place of business. The validity of such order may not be reviewed in an action to collect such civil penalty.". SEC. 1502. STUDY OF USE OF AGRICULTURAL COMMODITY FUTURES AND OPTIONS MARKETS.

The last sentence of section 1742 of the Food Security Act of 1985 (7 U.S.C. 1421 note) is amended by striking out "1988" and inserting in lieu thereof "1989".

Federal Register, publication. Grants. Contracts. 7 USC 944a.

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PUBLIC LAW 100-203—DEC. 22, 1987

SEC. 1503. AUTHORIZATION OF APPROPRIATIONS FOR PHILIPPINE FOOD AID INITIATIVE.

Section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) is amended by adding at the end thereof the following new paragraph: "(12) There is authorized to be appropriated for fiscal year 1988, in addition to any other funds authorized to be appropriated, $1,000,000 for technical assistance for the sale or barter of commodities under paragraph (7) to strengthen nonprofit private organizations and cooperatives in the Philippines.". SEC. 1504. RURAL INDUSTRIALIZATION ASSISTANCE.

Section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)) is amended— (1) by inserting "and private nonprofit corporations" after "public bodies"; and (2) by striking out "to facilitate development o f and inserting in lieu thereof "to finance and facilitate development of small and emerging". „--..„ SEC. 1505. PLANT VARIETY PROTECTION FEES.

Section 31 of the Plant Variety Protection Act (7 U.S.C. 2371) is amended to read as follows: "SEC. 31. PLANT VARIETY PROTECTION FEES.

"(a) IN GENERAL.—The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees for services performed under this Act. "(b) LATE PAYMENT PENALTY.—On failure to pay such fees, the Secretary shall assess a late payment penalty. Such overdue fees shall accrue interest as required by section 3717 of title 31, United States Code, "(c) DISPOSITION OF FUNDS.—Such fees, late payment penalties, and accrued interest collected shall be credited to the account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses incurred by the Secretary in carrying out this Act. Such funds collected (including late payment penalties and any interest earned) may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. "(d) ACTIONS FOR NONPAYMENT.—The Attorney General

may

bring an action for the recovery of charges that have not been paid in accordance with this Act against any person obligated for payment of such charges under this Act in any United States district court or other United States court for any territory or possession in any jurisdiction in which the person is found, resides, or transacts business. The court shall have jurisdiction to hear and decide the action. "(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this Act.". SEC. 1506. ANNUAL APPROPRIATIONS TO REIMBURSE THE COMMODITY CREDIT CORPORATION FOR NET REALIZED LOSSES.

(a) IN GENERAL.—The first sentence of section 2 of Public Law 87-155 (15 U.S.C. 713a-ll) is amended by striking out ", commencing with the fiscal year ending June 30, 1961" and inserting in lieu thereof "by means of a current, indefinite appropriation".

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(b) OPERATING EXPENSES.—No funds may be appropriated for operating expenses of the Commodity Credit Corporation except as authorized under section 2 of Public Law 87-155 to reimburse the Corporation for net realized losses.

15 USC 7i3a-li ^°^-

(c) EFFECTIVE D A T E. — T h i s section and the amendment m a d e by

15 USC 7i3a-il

this section shall apply beginning with fiscal year 1988.

^°*^®

SEC. 1507. FEDERAL CROP INSURANCE.

7 USC 1508 note.

It is the sense of Congress that, in carrying out the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Federal Crop Insurance CorporationCD should not be required to assume 100 percent of all loss adjustments in the Federal crop insurance program; and (2) should assume and perform the loss adjustment obligations of a reinsured company if the Corporation determines that such company's loss adjustment performance and practices are not carried out in accordance with the applicable reinsurance agreement. SEC. 1508. ETHANOL USAGE.

(a) FINDINGS.—Congress finds that —

42 USC 7545

'^°*^®'

(1) the United States is dependent for a large and growing share of its energy needs on the Middle East at a time when world petroleum reserves are declining; (2) the burning of gasoline causes pollution; (3) ethanol can be blended with gasoline to produce a cleaner source of fuel; (4) ethanol can be produced from grain, a renewable resource that is in considerable surplus in the United States; (5) the conversion of grain into ethanol would reduce farm program costs and grain surpluses; and (6) increasing the quantity of motor fuels that contain at least 10 percent ethanol from current levels to 50 percent by 1992 would create thousands of new jobs in ethanol production facilities. (b) SENSE OF CONGRESS.—It is the sense of Congress that the Administrator of the Environmental Protection Agency should use authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.) to require greater use of ethanol as motor fuel. SEC. 1509. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM.

The Food Stamp Act of 1977 is amended by adding after section 20 (7 U.S.C. 2029) the following new section: "SEC. 21. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM.

"(a) IN GENERAL.—Upon written application of the State of Washington (in this section referred to as the 'State') and after the approval of such application by the Secretary, the State may conduct a Family Independence Demonstration Project (in this section referred to as the 'Project') in all or in part of the State in accordance with this section to determine whether the Project, as an alternative to providing benefits under the food stamp program, would more effectively break the cycle of poverty and would provide families with opportunities for economic independence and strengthened family functioning. "(b) NATURE OF PROJECT.—In an application submitted under subsection (a), the State shall provide the following:

7 USC 2030.

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