7 U.S.C. § 9015 | Producer election

(a)

Election required

For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain—

(1)

section 9016 of this title price loss coverage under on a covered commodity-by-covered-commodity basis; or

(2)

section 9017 of this title agriculture risk coverage under .

(b)

Coverage options

In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage shall unanimously select whether to receive agriculture risk coverage payments based on—

(1)

county coverage applicable on a covered commodity-by-covered-commodity basis; or

(2)

individual coverage applicable to all of the covered commodities on the farm.

(c)

Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—

(1)

the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable, under section 9016 or 9017 of this title; and

(2)

subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—

(A)

price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years;

(B)

the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years; and

(C)

the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.

(d)

Effect of selection of county coverage

section 9016 of this titleIf all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under to the producers on the farm with respect to that covered commodity.

(e)

Effect of selection of individual coverage

section 9017 of this titleIf all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of , the producer’s share of all farms in the same State—

(1)

in which the producer has an interest; and

(2)

for which individual coverage has been selected.

(f)

Prohibition on reconstitution

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g)

Special election

(1)

In general

section 9011(6)(B) of this titleIn the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under .

(2)

Effect of failure to make unanimous election

section 9016 of this titleIf all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under for acres allocated on the farm to seed cotton.

(h)

Option to change election

(1)

In general

For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable.

(2)

Applicability

An election change under paragraph (1) shall apply to—

(A)

the crop year for which the election change is made; and

(B)

each crop year thereafter until another election change is made under that paragraph.

(i)

Higher of price loss coverage payments and agriculture risk coverage payments

section 9016 of this title section 9017 of this titleFor the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under and agriculture risk coverage county coverage payments under to the producers on a farm for the payment acres for each covered commodity on the farm.

Pub. L. 113–79, title I, § 1115Feb. 7, 2014128 Stat. 667 Pub. L. 115–123, div. F, § 60101(a)(7)Feb. 9, 2018132 Stat. 309 Pub. L. 115–334, title I, § 1105Dec. 20, 2018132 Stat. 4503 Pub. L. 119–21, title I, § 10303(a)July 4, 2025139 Stat. 89(, , ; , , ; , , ; , , .)

Editorial Notes

Codification

Pub. L. 113–79 section 102(c)(1) of Pub. L. 118–22 section 9001 of this titleProvisions of law applicable to a covered commodity for the 2023 crop year pursuant to title I of applicable to the 2024 crop year for that covered commodity, see , set out in an Extension of Agricultural Programs note under .

Amendments

Pub. L. 119–21, § 10303(a)(1)2025—Subsec. (a). , substituted “2031” for “2023” in introductory provisions.

Pub. L. 119–21, § 10303(a)(2)(A)Subsec. (c). , in introductory provisions, substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”.

Pub. L. 119–21, § 10303(a)(2)(B)Subsec. (c)(1). , substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”.

Pub. L. 119–21, § 10303(a)(2)(C)Subsec. (c)(2)(C). , added subpar. (C).

Pub. L. 119–21, § 10303(a)(3)Subsec. (i). , added subsec. (i).

Pub. L. 115–334, § 1105(1)2018—Subsec. (a). , substituted “For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years (subject to subsection (h))” for “Except as provided in subsection (g), for the 2014 through 2018 crop years” in introductory provisions.

Pub. L. 115–123, § 60101(a)(7)(A), substituted “Except as provided in subsection (g), for” for “For” in introductory provisions.

Pub. L. 115–334, § 1105(2)section 9017 of this titleSubsec. (b). , substituted “In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage” for “In the election under subsection (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under ” in introductory provisions.

Pub. L. 115–334, § 1105(3)(A)Subsec. (c). , inserted “or the 2019 crop year, as applicable” after “the 2014 crop year” in introductory provisions.

Pub. L. 115–334, § 1105(3)(B)Subsec. (c)(1). , inserted “or the 2019 crop year, as applicable,” after “the 2014 crop year”.

Pub. L. 115–334, § 1105(3)(C)section 9016 of this titleSubsec. (c)(2). , added par. (2) and struck out former par. (2) which read as follows: “the producers on the farm shall be deemed to have elected price loss coverage under for all covered commodities on the farm for the 2015 through 2018 crop years.”

Pub. L. 115–123, § 60101(a)(7)(B)Subsec. (g). , added subsec. (g).

Pub. L. 115–334, § 1105(4)Subsec. (g)(1). , inserted “for the 2018 crop year,” after “allocated to seed cotton on a farm,”.

Pub. L. 115–334, § 1105(5)Subsec. (h). , added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–123 section 60101(a)(13) of Pub. L. 115–123 section 9011 of this titleAmendment by applicable beginning with the 2018 crop year, see , set out as a note under .