Authority to offer insurance
In general
If sufficient actuarial data are available (as determined by the Corporation), the Corporation may insure, or provide reinsurance for insurers of, producers of agricultural commodities grown in the United States under 1 or more plans of insurance determined by the Corporation to be adapted to the agricultural commodity concerned. To qualify for coverage under a plan of insurance, the losses of the insured commodity must be due to drought, flood, or other natural disaster (as determined by the Secretary).
Period
Except in the cases of tobacco, potatoes, sweet potatoes, and hemp, insurance shall not extend beyond the period during which the insured commodity is in the field. As used in the preceding sentence, in the case of an aquacultural species, the term “field” means the environment in which the commodity is produced.
Exclusion of losses due to certain actions of producer
Exclusions
Good farming practices determination review
Informal administrative process
A producer shall have the right to a review of a determination regarding good farming practices made under subparagraph (A)(iii) in accordance with an informal administrative process to be established by the Corporation.
Administrative review
No adverse decision
7 U.S.C. 6991The determination shall not be considered an adverse decision for purposes of subtitle H of the Department of Agriculture Reorganization Act of 1994 ( et seq.).
Reversal or modification
Except as provided in clause (i), the determination may not be reversed or modified as the result of a subsequent administrative review.
Judicial review
Right to review
A producer shall have the right to judicial review of the determination without exhausting any right to a review under clause (i).
Reversal or modification
The determination may not be reversed or modified as the result of judicial review unless the determination is found to be arbitrary or capricious.
Limitation on revenue coverage for potatoes
No policy or plan of insurance provided under this subchapter (including a policy or plan of insurance approved by the Board under subsection (h)) shall cover losses due to a reduction in revenue for potatoes except as covered under a whole farm policy or plan of insurance, as determined by the Corporation.
Expansion to other areas or single producers
Area expansion
The Corporation may offer plans of insurance or reinsurance for production of agricultural commodities in the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau in the same manner as provided in this section for production of agricultural commodities in the United States.
Producer expansion
In an area in the United States or specified in subparagraph (A) where crop insurance is not available for a particular agricultural commodity, the Corporation may offer to enter into a written agreement with an individual producer operating in the area for insurance coverage under this subchapter if the producer has actuarially sound data relating to the production by the producer of the commodity or similar commodities and the data is acceptable to the Corporation.
Dissemination of crop insurance information
Available information
Use of electronic methods
Dissemination by Corporation
The Corporation shall make the information described in subparagraph (A) available electronically to producers and approved insurance providers.
Submission to Corporation
To the maximum extent practicable, the Corporation shall allow producers and approved insurance providers to use electronic methods to submit information required by the Corporation.
Addition of new and specialty crops (including value-added crops)
Annual review
Report
Not later than 1 year after , and annually thereafter, the Corporation shall report to Congress on the progress and expected timetable for expanding crop insurance coverage under this subchapter to new and specialty crops.
Adequate coverage for States and underserved producers
Definitions
Adequately served
The term “adequately served” means having a participation rate, by crop, that is at least 50 percent of the national average participation rate.
Underserved producer
Review
Using resources and information available to the Board or the Secretary, the Board shall review the policies and plans of insurance that are offered by approved insurance providers under this subchapter, including policies and plans of insurance for underserved producers, to determine if each State is adequately served by the policies and plans of insurance.
Report
In general
Not later than 30 days after completion of the review under subparagraph (B), and not less frequently than once every 3 years thereafter, the Board shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review.
Recommendations
The report under clause (i) shall include recommendations to increase participation in States and among underserved producers that are not adequately served by the policies and plans of insurance, including any plans for administrative action or recommendations for Congressional action.
Special provisions for cotton and rice
Notwithstanding any other provision of this subchapter, beginning with the 2001 crops of upland cotton, extra long staple cotton, and rice, the Corporation shall offer plans of insurance, including prevented planting coverage and replanting coverage, under this subchapter that cover losses of upland cotton, extra long staple cotton, and rice resulting from failure of irrigation water supplies due to drought and saltwater intrusion.
Premium adjustments
Prohibition
Except as provided in subparagraph (B), no person shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, either as an inducement to procure insurance or after insurance has been procured, any rebate, discount, abatement, credit, or reduction of the premium named in an insurance policy or any other valuable consideration or inducement not specified in the policy.
Exceptions
Publication of violations
Publication required
Subject to clause (ii), the Corporation shall publish in a timely manner on the website of the Risk Management Agency information regarding each violation of this paragraph, including any sanctions imposed in response to the violation, in sufficient detail so that the information may serve as effective guidance to approved insurance providers, agents, and producers.
Protection of privacy
In providing information under clause (i) regarding violations of this paragraph, the Corporation shall redact the identity of the persons and entities committing the violations in order to protect the privacy of those persons and entities.
Commissions
Definition of immediate family
In this paragraph, the term “immediate family” means an individual’s father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, son, daughter, stepson, stepdaughter, grandparent, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, the spouse of the foregoing, and the individual’s spouse.
Prohibition
Reporting
Not later than 90 days after the annual settlement date of the reinsurance year, any individual that received directly or indirectly any compensation for the service or sale of any policy or plan of insurance offered under this subchapter in the prior reinsurance year shall certify to applicable approved insurance providers that the compensation that the individual received was in compliance with this paragraph.
Sanctions
section 1515(h) of this titleThe procedural requirements and sanctions prescribed in shall apply to the prosecution of a violation of this paragraph.
Applicability
In general
Sanctions for violations under this paragraph shall only apply to the individuals or entities directly responsible for the certification required under subparagraph (C) or the failure to comply with the requirements of this paragraph.
Prohibition
No sanctions shall apply with respect to the policy or plans of insurance upon which compensation is received, including the reinsurance for those policies or plans.
Cover crops
In general
The voluntary practice of cover cropping shall be considered a good farming practice under paragraph (3)(A)(iii) if the cover crop is terminated in accordance with subparagraph (B).
Termination
In general
Exception to guidelines
Insurability of subsequent crop
Cover crop termination shall not affect the insurability of a subsequently planted insurable crop if the cover crop is terminated in accordance with subparagraph (B).
Summer fallow
In a county in which summer fallow is an insurable practice, a cover crop in that county that is terminated in accordance with subparagraph (B) shall be considered as summer fallow for the purpose of insurability.
Catastrophic risk protection
Coverage availability
The Corporation shall offer a catastrophic risk protection plan to indemnify producers for crop loss due to loss of yield or prevented planting, if provided by the Corporation, when the producer is unable, because of drought, flood, or other natural disaster (as determined by the Secretary), to plant other crops for harvest on the acreage for the crop year.
Amount of coverage
In general
Reduction in actual payment
The amount paid to a producer on a claim under catastrophic risk protection may reflect a reduction that is proportional to the out-of-pocket expenses that are not incurred by the producer as a result of not planting, growing, or harvesting the crop for which the claim is made, as determined by the Corporation.
Alternative catastrophic coverage
Sale of catastrophic risk coverage
In general
Need
For purposes of considering need under subparagraph (A)(ii), the Secretary may take into account the most efficient and cost-effective use of resources, the availability of personnel, fairness to local producers, the needs and convenience of local producers, and the availability of private insurance carriers.
Delivery of coverage
In general
In full consultation with approved insurance providers, the Secretary may continue to offer catastrophic risk protection in a State (or a portion of a State) through local offices of the Department if the Secretary determines that there is an insufficient number of approved insurance providers operating in the State or portion of the State to adequately provide catastrophic risk protection coverage to producers.
Coverage by approved insurance providers
To the extent that catastrophic risk protection coverage by approved insurance providers is sufficiently available in a State (or a portion of a State) as determined by the Secretary, only approved insurance providers may provide the coverage in the State or portion of the State.
Timing of determinations
Not later than 90 days after , the Secretary shall announce the results of the determinations under clause (i) for policies for the 1997 crop year. For subsequent crop years, the Secretary shall make the announcement not later than April 30 of the year preceding the year in which the crop will be produced, or at such other times during the year as the Secretary finds practicable in consultation with affected crop insurance providers for those States (or portions of States) in which catastrophic coverage remains available through local offices of the Department.
Current policies
This clause shall take effect beginning with the 1997 crop year. Subject to clause (ii) all catastrophic risk protection policies written by local offices of the Department shall be transferred to the approved insurance provider for performance of all sales, service, and loss adjustment functions. Any fees in connection with such policies that are not yet collected at the time of the transfer shall be payable to the approved insurance providers assuming the policies. The transfer process for policies for the 1997 crop year with sales closing dates before , shall begin at the time of the Secretary’s announcement under clause (iii) and be completed by the sales closing date for the crop and county. The transfer process for all subsequent policies (including policies for the 1998 and subsequent crop years) shall begin at a date that permits the process to be completed not later than 45 days before the sales closing date.
Administrative fee
Basic fee
Each producer shall pay an administrative fee for catastrophic risk protection in the amount of $655 per crop per county.
Payment of catastrophic risk protection fee on behalf of producers
Payment authorized
If State law permits a licensing fee to be paid by an insurance provider to a cooperative association or trade association and rebated to a producer through the payment of catastrophic risk protection administrative fees, a cooperative association or trade association located in that State may pay, on behalf of a member of the association in that State or a contiguous State who consents to be insured under such an arrangement, all or a portion of the administrative fee required by this paragraph for catastrophic risk protection.
Selection of provider
Nothing in this subparagraph limits the option of a producer to select the licensed insurance agent or other approved insurance provider from whom the producer will purchase a policy or plan of insurance or to refuse coverage for which a payment is offered to be made under clause (i).
Delivery of insurance
Catastrophic risk protection coverage for which a payment is made under clause (i) shall be delivered by a licensed insurance agent or other approved insurance provider.
Additional coverage encouraged
A cooperative association or trade association, and any approved insurance provider with whom a licensing fee is made, shall encourage producer members to purchase appropriate levels of coverage in order to meet the risk management needs of the member producers.
Time for payment
The administrative fee required by this paragraph shall be paid by the producer on the same date on which the premium for a policy of additional coverage would be paid by the producer.
Use of fees
In general
section 1516(c) of this titleThe amounts paid under this paragraph shall be deposited in the crop insurance fund established under , to be available for the programs and activities of the Corporation.
Limitation
No funds deposited in the crop insurance fund under this subparagraph may be used to compensate an approved insurance provider or agent for the delivery of services under this subsection.
Waiver of fee
In general
The Corporation shall waive the amounts required under this paragraph for limited resource farmers and beginning farmers or ranchers, as defined by the Corporation, and veteran farmers or ranchers.
Coordination
The Corporation shall coordinate with other agencies of the Department that provide programs or services to farmers and ranchers described in clause (i) to make available coverage under the waiver under that clause and to share eligibility information to reduce paperwork and avoid duplication.
Participation requirement
A producer may obtain catastrophic risk coverage for a crop of the producer on land in the county only if the producer obtains the coverage for the crop on all insurable land of the producer in the county.
Limitation due to risk
The Corporation may limit catastrophic risk coverage in any county or area, or on any farm, on the basis of the insurance risk concerned.
Transitional coverage for 1995 crops
Effective only for a 1995 crop planted or for which insurance attached prior to , the Corporation shall allow producers of the crops until not later than the end of the 180-day period beginning on the date of enactment of the Federal Crop Insurance Reform Act of 1994 [] to obtain catastrophic risk protection for the crop. On enactment of such Act, a producer who made timely purchases of a crop insurance policy before the date of enactment of such Act, under the provisions of this subchapter then in effect, shall be eligible for the same benefits to which a producer would be entitled under comparable additional coverage under subsection (c).
Simplification
Catastrophic risk protection plans
In developing and carrying out the policies and procedures for a catastrophic risk protection plan under this subchapter, the Corporation shall, to the maximum extent practicable, minimize the paperwork required and the complexity and costs of procedures governing applications for, processing, and servicing of the plan for all parties involved.
Other plans
To the extent that the policies and procedures developed under subparagraph (A) may be applied to other plans of insurance offered under this subchapter without jeopardizing the actuarial soundness or integrity of the crop insurance program, the Corporation shall apply the policies and procedures to the other plans of insurance within a reasonable period of time (as determined by the Corporation) after the effective date of this paragraph.
Loss adjustment
The rate for reimbursing an approved insurance provider or agent for expenses incurred by the approved insurance provider or agent for loss adjustment in connection with a policy of catastrophic risk protection shall not exceed 6 percent of the premium for catastrophic risk protection that is used to define loss ratio.
General coverage levels
Additional coverage generally
In general
The Corporation shall offer to producers of agricultural commodities grown in the United States plans of crop insurance that provide additional coverage.
Purchase
To be eligible for additional coverage, a producer must apply to an approved insurance provider for purchase of additional coverage if the coverage is available from an approved insurance provider. If additional coverage is unavailable privately, the Corporation may offer additional coverage plans of insurance directly to producers.
Transfer of relevant information
If a producer has already applied for catastrophic risk protection at the local office of the Department and elects to purchase additional coverage, the relevant information for the crop of the producer shall be transferred to the approved insurance provider servicing the additional coverage crop policy.
Yield and loss basis options
Level of coverage
Dollar denomination and percentage of yield
Information
The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph).
Supplemental coverage option
In general
Trigger
Coverage offered under paragraph (3)(B) and clause (i) shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation).
Coverage
Ineligible crops and acres
section 1508b of this titleAcres that are enrolled in the stacked income protection plan under shall not be eligible for supplemental coverage under this subparagraph.
Calculation of premium
Expected market price
Establishment or approval
For the purposes of this subchapter, the Corporation shall establish or approve the price level (referred to in this subchapter as the “expected market price”) of each agricultural commodity for which insurance is offered.
General rule
Except as otherwise provided in subparagraph (C), the expected market price of an agricultural commodity shall be not less than the projected market price of the agricultural commodity, as determined by the Corporation.
Other authorized approaches
Grain sorghum price election
In general
Expert reviewers
In general
Not later than 120 days after the date of enactment of this subparagraph, the Corporation shall contract individually with 5 expert reviewers described in subclause (II) to develop and recommend a methodology for determining an expected market price for sorghum for both the production and revenue-based plans of insurance to more accurately reflect the actual price at harvest.
Requirements
Recommendations
In general
Not later than 90 days after the date of contracting with the expert reviewers under clause (ii), the expert reviewers shall submit, and the Corporation shall make available to the public, the recommendations of the expert reviewers.
Consideration
The Corporation shall consider the recommendations under subclause (I) when determining the appropriate pricing methodology to determine the expected market price for grain sorghum under both the production and revenue-based plans of insurance.
Publication
Not later than 60 days after the date on which the Corporation receives the recommendations of the expert reviewers, the Corporation shall publish the proposed pricing methodology for both the production and revenue-based plans of insurance for notice and comment and, during the comment period, conduct at least 1 public meeting to discuss the proposed pricing methodologies.
Appropriate pricing methodology
In general
Not later than 180 days after the close of the comment period in clause (iii)(III), but effective not later than the 2010 crop year, the Corporation shall implement a pricing methodology for grain sorghum under the production and revenue-based plans of insurance that is transparent and replicable.
Interim methodology
Until the date on which the new pricing methodology is implemented, the Corporation may continue to use the pricing methodology that the Corporation determines best establishes the expected market price.
Availability
On an annual basis, the Corporation shall make available the pricing methodology and data used to determine the expected market prices for grain sorghum under the production and revenue-based plans of insurance, including any changes to the methodology used to determine the expected market prices for grain sorghum from the previous year.
Price elections
In general
Subject to subparagraph (B), insurance coverage shall be made available to a producer on the basis of any price election that equals or is less than the price election established by the Corporation. The coverage shall be quoted in terms of dollars per acre.
Minimum price elections
The Corporation may establish minimum price elections below which levels of insurance shall not be offered.
Wheat classes and malting barley
The Corporation shall, as the Corporation determines practicable, offer producers different price elections for classes of wheat and malting barley (including contract prices in the case of malting barley), in addition to the standard price election, that reflect different market prices, as determined by the Corporation. The Corporation shall, as the Corporation determines practicable, offer additional coverage for each class determined under this subparagraph and charge a premium for each class that is actuarially sound.
Organic crops
In general
7 U.S.C. 6501As soon as possible, but not later than the 2015 reinsurance year, the Corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the Department of Agriculture under the national organic program established under the Organic Foods Production Act of 1990 ( et seq.) that reflect the actual retail or wholesale prices, as appropriate, received by producers for organic crops, as determined by the Secretary using all relevant sources of information.
Annual report
Fire and hail coverage
For levels of additional coverage equal to 65 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, a producer may elect to delete from the additional coverage any coverage against damage caused by fire and hail if the producer obtains an equivalent or greater dollar amount of coverage for damage caused by fire and hail from an approved insurance provider. On written notice of the election to the company issuing the policy providing additional coverage and submission of evidence of substitute coverage on the commodity insured, the premium of the producer shall be reduced by an amount determined by the Corporation to be actuarially appropriate, taking into account the actuarial value of the remaining coverage provided by the Corporation. In no event shall the producer be given credit for an amount of premium determined to be greater than the actuarial value of the protection against losses caused by fire and hail that is included in the additional coverage for the crop.
State premium subsidies
The Corporation may enter into an agreement with any State or agency of a State under which the State or agency may pay to the approved insurance provider an additional premium subsidy to further reduce the portion of the premium paid by producers in the State.
Limitations on additional coverage
The Board may limit the availability of additional coverage under this subsection in any county or area, or on any farm, on the basis of the insurance risk involved. The Board shall not offer additional coverage equal to less than 50 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage.
Administrative fee
Fee required
If a producer elects to purchase coverage for a crop at a level in excess of catastrophic risk protection, the producer shall pay an administrative fee for the additional coverage of $30 per crop per county.
Use of fees; waiver
Subparagraphs (D) and (E) of subsection (b)(5) shall apply with respect to the collection and use of administrative fees under this paragraph.
Time for payment
Subsection (b)(5)(C) shall apply with respect to the collection date for the administrative fee.
Premiums
Premiums required
Premium amounts
Performance-based discount
The Corporation may provide a performance-based premium discount for a producer of an agricultural commodity who has good insurance or production experience relative to other producers of that agricultural commodity in the same area, as determined by the Corporation.
Billing date for premiums
Effective beginning with the 2012 reinsurance year, the Corporation shall establish August 15 as the billing date for premiums.
Payment of portion of premium by Corporation
In general
For the purpose of encouraging the broadest possible participation of producers in the catastrophic risk protection provided under subsection (b) and the additional coverage provided under subsection (c), the Corporation shall pay a part of the premium in the amounts provided in accordance with this subsection.
Amount of payment
Prohibition on continuous coverage
Notwithstanding paragraph (2), during each of the 2001 and subsequent reinsurance years, additional coverage under subsection (c) shall be available only in 5 percent increments beginning at 50 percent of the recorded or appraised average yield.
Premium payment disclosure
Each policy or plan of insurance under this subchapter shall prominently indicate the dollar amount of the portion of the premium paid by the Corporation.
Enterprise and whole farm units
In general
The Corporation may pay a portion of the premiums for plans or policies of insurance for which the insurable unit is defined on a whole farm or enterprise unit basis that is higher than would otherwise be paid in accordance with paragraph (2).
Amount
The percentage of the premium paid by the Corporation to a policyholder for a policy with an enterprise or whole farm unit under this paragraph shall, to the maximum extent practicable, provide the same dollar amount of premium subsidy per acre that would otherwise have been paid by the Corporation under paragraph (2) if the policyholder had purchased a basic or optional unit for the crop for the crop year.
Limitation
The amount of the premium paid by the Corporation under this paragraph may not exceed 80 percent of the total premium for the enterprise or whole farm unit policy.
Nonirrigated crops
Beginning with the 2015 crop year, the Corporation shall make available separate enterprise units for irrigated and nonirrigated acreage of crops in counties.
Enterprise units across county lines
Premium subsidy for area revenue plans
Premium subsidy for area yield plans
Premium for beginning and veteran farmers or ranchers
Notwithstanding any other provision of this subsection regarding payment of a portion of premiums, a beginning farmer or rancher or veteran farmer or rancher shall receive premium assistance that is 10 percentage points greater than premium assistance that would otherwise be available under paragraphs (2) (except for subparagraph (A) of that paragraph), (5), (6), and (7) for the applicable policy, plan of insurance, and coverage level selected by the beginning farmer or rancher or veteran farmer or rancher.
Additional support
In general
In addition to any other provision of this subsection (except paragraph (2)(A)) regarding payment of a portion of premiums, a beginning farmer or rancher shall receive additional premium assistance that is the number of percentage points specified in subparagraph (B) greater than the premium assistance that would otherwise be available for the applicable policy, plan of insurance, and coverage level selected by the beginning farmer or rancher.
Percentage points adjustments
Eligibility
In general
To participate in catastrophic risk protection coverage under this section, a producer shall submit an application at the local office of the Department or to an approved insurance provider.
Sales closing date
In general
For coverage under this subchapter, each producer shall purchase crop insurance on or before the sales closing date for the crop by providing the required information and executing the required documents. Subject to the goal of ensuring actuarial soundness for the crop insurance program, the sales closing date shall be established by the Corporation to maximize convenience to producers in obtaining benefits under price and production adjustment programs of the Department.
Established dates
Except as provided in subparagraph (C), the Corporation shall establish, for an insurance policy for each insurable crop that is planted in the spring, a sales closing date that is 30 days earlier than the corresponding sales closing date that was established for the 1994 crop year.
Exception
If compliance with subparagraph (B) results in a sales closing date for an agricultural commodity that is earlier than January 31, the sales closing date for that commodity shall be January 31 beginning with the 2000 crop year.
Records and reporting
Yield determinations
In general
Subject to paragraph (2), the Corporation shall establish crop insurance underwriting rules that ensure that yield coverage, as specified in this subsection, is provided to eligible producers obtaining catastrophic risk protection under subsection (b) or additional coverage under subsection (c).
Yield coverage plans
Actual production history
Subject to subparagraph (B) and paragraph (4)(C), the yield for a crop shall be based on the actual production history for the crop, if the crop was produced on the farm without penalty during each of the 4 crop years immediately preceding the crop year for which actual production history is being established, building up to a production data base for each of the 10 consecutive crop years preceding the crop year for which actual production history is being established.
Assigned yield
Area yield
The Corporation may offer a crop insurance plan based on an area yield that allows an insured producer to qualify for an indemnity if a loss has occurred in an area (as specified by the Corporation) in which the farm of the producer is located. Under an area yield plan, an insured producer shall be allowed to select the level of area production at which an indemnity will be paid consistent with such terms and conditions as are established by the Corporation.
Commodity-by-commodity basis
A producer may choose between individual yield or area yield coverage or combined coverage, if available, on a commodity-by-commodity basis.
Sources of yield data
Transitional yields for producers of feed or forage
In general
Yield calculation
Termination of authority
The authority provided by this paragraph shall terminate on the date that is 3 years after the effective date of this paragraph.
Adjustment in actual production history to establish insurable yields
Application
This paragraph shall apply whenever the Corporation uses the actual production records of the producer to establish the producer’s actual production history for an agricultural commodity for any of the 2001 and subsequent crop years.
Election to use percentage of transitional yield
Election to exclude certain history
In general
Notwithstanding paragraph (2), with respect to 1 or more of the crop years used to establish the actual production history of an agricultural commodity of the producer, the producer may elect to exclude any recorded or appraised yield for any crop year in which the per planted acre yield of the agricultural commodity in the county of the producer was at least 50 percent below the simple average of the per planted acre yield of the agricultural commodity in the county during the previous 10 consecutive crop years.
Contiguous counties
In any crop year that a producer in a county is eligible to make an election to exclude a yield under clause (i), a producer in a contiguous county is eligible to make such an election.
Irrigation practice
For purposes of determining whether the per planted acre yield of the agricultural commodity in the county of the producer was at least 50 percent below the simple average of the per planted acre yield of the agricultural commodity in the county during the previous 10 consecutive crop years, the Corporation shall make a separate determination for irrigated and nonirrigated acreage.
Premium adjustment
In the case of a producer that makes an election under subparagraph (B) or (C), the Corporation shall adjust the premium to reflect the risk associated with the adjustment made in the actual production history of the producer.
Adjustment to reflect increased yields from successful pest control efforts
Situations justifying adjustment
Adjustment amount
The amount by which the Corporation adjusts the actual production history of a producer of an agricultural commodity shall reflect the degree to which the success of the systematic, area-wide efforts described in subparagraph (A), on average, increases the yield of the commodity on the producer’s farm, as determined by the Corporation.
Continued authority
In general
Other authority
The authority provided under subparagraph (A) is in addition to any other authority that adjusts the actual production history of the producer under this subchapter.
Effect
Nothing in this paragraph shall be construed to require a change in the administration of any provision of this subchapter as the subchapter was administered for the 2018 reinsurance year.
Submission of policies and materials to Board
Authority to submit
In general
Review and submission by Corporation
In general
Waiver for hemp
The Corporation may waive the viability and marketability requirement under clause (i)(I) in the case of a policy or pilot program relating to the production of hemp.
Submission of policies
A policy or other material submitted to the Board under this subsection may be prepared without regard to the limitations contained in this subchapter, including the requirements concerning the levels of coverage and rates and the requirement that a price level for each commodity insured must equal the expected market price for the commodity as established by the Board.
Review and approval by the Board
In general
Consideration
Specified review and approval priorities
Guidelines for submission and review
Confidentiality
In general
section 552(b)(4) of title 5A proposal submitted to the Board under this subsection (including any information generated from the proposal) shall be considered to be confidential commercial or financial information for the purposes of .
Standard of confidentiality
section 552(b)(4) of title 5If information concerning a proposal could be withheld by the Secretary under the standard for privileged or confidential information pertaining to trade secrets and commercial or financial information under , the information shall not be released to the public.
Application
This subparagraph shall apply with respect to a proposal only during the period preceding any approval of the proposal by the Board.
Personal presentation
The Board shall provide an applicant with the opportunity to present the proposal to the Board in person if the applicant so desires.
Notification of intent to disapprove
Time period
The Board shall provide an applicant with notification of intent to disapprove a proposal not later than 30 days prior to making the disapproval.
Modification of application
Authority
An applicant that receives the notification may modify the application, and such application, as modified, shall be considered by the Board in the manner provided in subparagraph (D) within the 30-day period beginning on the date the modified application is submitted.
Time period
Clause (i) shall not apply to the Board’s consideration of the modified application.
Explanation
Any notification of intent to disapprove a policy or other material submitted under this subsection shall be accompanied by a complete explanation as to the reasons for the Board’s intention to deny approval.
Determination to approve or disapprove policies or materials
Time period
Not later than 120 days after a policy or other material is submitted under this subsection, the Board shall make a determination to approve or disapprove the policy or material.
Explanation
Any determination by the Board to disapprove any policy or other material shall be accompanied by a complete explanation of the reasons for the Board’s decision to deny approval.
Failure to meet deadline
Notwithstanding any other provision of this subchapter, if the Board fails to make a determination within the prescribed time period, the submitted policy or other material shall be deemed approved by the Board for the initial reinsurance year designated for the policy or material, unless the Board and the applicant agree to an extension.
Consultation
Requirement
As part of the feasibility and research associated with the development of a policy or other material for fruits and vegetables, tree nuts, dried fruits, and horticulture and nursery crops (including floriculture), the submitter prior to making a submission under this subsection shall consult with groups representing producers of those agricultural commodities in all major producing areas for the commodities to be served or potentially impacted, either directly or indirectly.
Submission to the Board
Any submission made to the Board under this subsection shall contain a summary and analysis of the feasibility and research findings from the impacted groups described in clause (i), including a summary assessment of the support for or against development of the policy and an assessment on the impact of the proposed policy to the general marketing and production of the crop from both a regional and national perspective.
Evaluation by the Board
In evaluating whether the interests of producers are adequately protected pursuant to paragraph (3) with respect to a submission made under this subsection, the Board shall review the information provided pursuant to clause (ii) to determine if the submission will create adverse market distortions with respect to the production of commodities that are the subject of the submission.
Premium schedule
Payment by Corporation
Transitional schedule
section 1522 of this titlesection 1523 of this titleEffective only during the 2001 reinsurance year, in the case of a policy or plan of insurance developed and approved under this subsection or , or conducted under (other than a policy or plan of insurance applicable to livestock), and first approved by the Board after , the payment by the Corporation of a portion of the premium of the policy may not exceed the dollar amount that would otherwise be authorized under subsection (e) (consistent with subsection (c)(5), as in effect on the day before ).
Additional prevented planting policy coverage
In general
Beginning with the 1995 crop year, the Corporation shall offer to producers additional prevented planting coverage that insures producers against losses in accordance with this paragraph.
Approved insurance providers
Additional prevented planting coverage shall be offered by the Corporation through approved insurance providers.
Timing of loss
Adoption of rates and coverages
In general
The Corporation shall adopt, as soon as practicable, rates and coverages that will improve the actuarial soundness of the insurance operations of the Corporation for those crops that are determined to be insured at rates that are not actuarially sound, except that no rate may be increased by an amount of more than 20 percent over the comparable rate of the preceding crop year.
Review of rating methodologies
section 1507(c)(2) of this titleTo maximize participation in the Federal crop insurance program and to ensure equity for producers, the Corporation shall periodically review the methodologies employed for rating plans of insurance under this subchapter consistent with .
Analysis of rating and loss history
The Corporation shall analyze the rating and loss history of approved policies and plans of insurance for agricultural commodities by area.
Premium adjustment
If the Corporation makes a determination that premium rates are excessive for an agricultural commodity in an area relative to the requirements of subsection (d)(2) for that area, then, for the 2002 crop year (and as necessary thereafter), the Corporation shall make appropriate adjustments in the premium rates for that area for that agricultural commodity.
Claims for losses
In general
Under rules prescribed by the Corporation, the Corporation may provide for adjustment and payment of claims for losses. The rules prescribed by the Corporation shall establish standards to ensure that all claims for losses are adjusted, to the extent practicable, in a uniform and timely manner.
Denial of claims
In general
Subject to subparagraph (B), if a claim for indemnity is denied by the Corporation or an approved provider on behalf of the Corporation, an action on the claim may be brought against the Corporation or Secretary only in the United States district court for the district in which the insured farm is located.
Statute of limitations
A suit on the claim may be brought not later than 1 year after the date on which final notice of denial of the claim is provided to the claimant.
Indemnification
The Corporation shall provide approved insurance providers with indemnification, including costs and reasonable attorney fees incurred by the approved insurance provider, due to errors or omissions on the part of the Corporation.
Marketing windows
The Corporation shall consider marketing windows in determining whether it is feasible to require planting during a crop year.
Settlement of claims on farm-stored production
A producer with farm-stored production may, at the option of the producer, delay settlement of a crop insurance claim relating to the farm-stored production for up to 4 months after the last date on which claims may be submitted under the policy of insurance.
Reinsurance
In general
Notwithstanding any other provision of this subchapter, the Corporation shall, to the maximum extent practicable, provide reinsurance to insurers approved by the Corporation that insure producers of any agricultural commodity under 1 or more plans acceptable to the Corporation.
Terms and conditions
The reinsurance shall be provided on such terms and conditions as the Board may determine to be consistent with subsections (b) and (c) and sound reinsurance principles.
Share of risk
The reinsurance agreements of the Corporation with the reinsured companies shall require the reinsured companies to bear a sufficient share of any potential loss under the agreement so as to ensure that the reinsured company will sell and service policies of insurance in a sound and prudent manner, taking into consideration the financial condition of the reinsured companies and the availability of private reinsurance.
Rate
In general
Proportional reductions
A policy of additional coverage that received a rate of reimbursement for administrative and operating costs for the 1998 reinsurance year that is lower than the rate specified in subparagraph (A)(i) shall receive a reduction in the rate of reimbursement that is proportional to the reduction in the rate of reimbursement between clauses (i) and (ii) of subparagraph (A).
Other reductions
Beginning with the 2002 reinsurance year, in the case of a policy or plan of insurance approved by the Board that was not reinsured during the 1998 reinsurance year but, had it been reinsured, would have received a reduced rate of reimbursement during the 1998 reinsurance year, the rate of reimbursement for administrative and operating costs established for the policy or plan of insurance shall take into account the factors used to determine the rate of reimbursement for administrative and operating costs during the 1998 reinsurance year, including the expected difference in premium and actual administrative and operating costs of the policy or plan of insurance relative to an individual yield policy or plan of insurance and other appropriate factors, as determined by the Corporation.
Time for reimbursement
Effective beginning with the 2012 reinsurance year, the Corporation shall reimburse approved insurance providers and agents for the allowable administrative and operating costs of the providers and agents as soon as practicable after October 1 (but not later than October 31) after the reinsurance year for which reimbursements are earned.
Reimbursement rate reduction
In the case of a policy of additional coverage that received a rate of reimbursement for administrative and operating costs for the 2008 reinsurance year, for each of the 2009 and subsequent reinsurance years, the reimbursement rate for administrative and operating costs shall be 2.3 percentage points below the rates in effect as of the date of enactment of the Food, Conservation, and Energy Act of 2008 for all crop insurance policies used to define loss ratio, except that only ½ of the reduction shall apply in a reinsurance year to the total premium written in a State in which the State loss ratio is greater than 1.2.
Reimbursement rate for area policies and plans of insurance
section 1508b of this titleNotwithstanding subparagraphs (A) through (E), for each of the 2009 and subsequent reinsurance years, the reimbursement rate for area policies and plans of insurance widely available as of the date of enactment of this subparagraph or authorized under subsection (c)(4)(C) or shall be 12 percent of the premium used to define loss ratio for that reinsurance year.
Cost and regulatory reduction
Consistent with section 118 of the Federal Crop Insurance Reform Act of 1994, and consistent with maintenance of program integrity, prevention of fraud and abuse, the need for program expansion, and improvement of quality of service to customers, the Board shall alter program procedures and administrative requirements in order to reduce the administrative and operating costs of approved insurance providers and agents in an amount that corresponds to any reduction in the reimbursement rate required under paragraph (4) during the 5-year period beginning on .
Agency discretion
section 701(a)(2) of title 5The determination of whether the Corporation is achieving, or has achieved, corresponding administrative cost savings shall not be subject to administrative review, and is wholly committed to agency discretion within the meaning of .
Plan
The Corporation shall submit to Congress a plan outlining the measures that will be used to achieve the reduction required under paragraph (5). If the Corporation can identify additional cost reduction measures, the Corporation shall describe the measures in the plan.
Renegotiation of standard reinsurance agreement
In general
Exceptions
Adverse circumstances
Subject to clause (ii), subparagraph (A) shall not apply in any case in which the approved insurance providers, as a whole, experience unexpected adverse circumstances, as determined by the Secretary.
Effect of Federal law changes
If Federal law is enacted after the date of enactment of this paragraph that requires revisions in the financial terms of the Standard Reinsurance Agreement, and changes in the Agreement are made on a mandatory basis by the Corporation, the changes shall not be considered to be a renegotiation of the Agreement for purposes of subparagraph (A).
Notification requirement
If the Corporation renegotiates a Standard Reinsurance Agreement under subparagraph (A)(ii), the Corporation shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate of the renegotiation.
Consultation
The approved insurance providers may confer with each other and collectively with the Corporation during any renegotiation under subparagraph (A).
2011 reinsurance year
In general
As part of the Standard Reinsurance Agreement renegotiation authorized under subparagraph (A)(i), the Corporation shall consider alternative methods to determine reimbursement rates for administrative and operating costs.
Alternative methods
Budget
In general
Use of savings
To the extent that any budget savings are realized in the renegotiation of a Standard Reinsurance Agreement under subparagraph (A)(ii), and the savings are determined not to be a significant departure from budget neutrality under clause (i), the savings shall be used to increase reimbursements or payments described under paragraphs (4) and (9).
Due date for payment of underwriting gains
Additional expenses
In general
Beginning with the 2026 reinsurance year, and for each reinsurance year thereafter, in addition to the terms and conditions of the Standard Reinsurance Agreement, to cover additional expenses for loss adjustment procedures, the Corporation shall pay an additional administrative and operating expense subsidy to approved insurance providers for eligible contracts.
Payment amount
In the case of an eligible contract, the payment to an approved insurance provider required under subparagraph (A) shall be the amount equal to 6 percent of the net book premium.
Definitions
Eligible contract
Eligible State
The term “eligible State” means a State in which, with respect to an insurance year, the loss ratio for eligible contracts is greater than 120 percent of the total net book premium written by all approved insurance providers.
Specialty crops
Minimum reimbursement
Other contracts
In carrying out subparagraph (A), the Corporation shall not reduce, with respect to any reinsurance year, the amount or the rate of reimbursement to approved insurance providers and agents under the Standard Reinsurance Agreement described in clause (ii) of such subparagraph for administrative and operating expenses with respect to contracts covering agricultural commodities that are not subject to such subparagraph.
Administration
The requirements of this paragraph and the adjustments made pursuant to this paragraph shall not be considered a renegotiation under paragraph (8)(A).
A&O inflation adjustment
In general
Subject to subparagraph (B), beginning with the 2026 reinsurance year, and for each reinsurance year thereafter, the Corporation shall increase the total administrative and operating expense reimbursements otherwise required under the Standard Reinsurance Agreement in effect for the reinsurance year in order to account for inflation, in a manner consistent with the increases provided with respect to the 2011 through 2015 reinsurance years under the enclosure included in Risk Management Agency Bulletin numbered MGR–10–007 and dated .
Special rule for 2026 reinsurance year
The increase under subparagraph (A) for the 2026 reinsurance year shall not exceed the percentage change for the preceding reinsurance year included in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
Administration
Optional coverages
The Corporation may offer specific risk protection programs, including protection against prevented planting, wildlife depredation, tree damage and disease, and insect infestation, under such terms and conditions as the Board may determine, except that no program may be undertaken if insurance for the specific risk involved is generally available from private companies.
Quality loss adjustment coverage
Effect of coverage
If a policy or plan of insurance offered under this subchapter includes quality loss adjustment coverage, the coverage shall provide for a reduction in the quantity of production of the agricultural commodity considered produced during a crop year, or a similar adjustment, as a result of the agricultural commodity not meeting the quality standards established in the policy or plan of insurance.
Additional quality loss adjustment
Producer option
Basis for adjustment
Under this paragraph, the Corporation shall set the quality standards below which quality losses will be paid based on the variability of the grade of the agricultural commodity from the base quality for the agricultural commodity.
Review of criteria and procedures
Review
The Corporation shall contract with a qualified person to review the quality loss adjustment procedures of the Corporation so that the procedures more accurately reflect local quality discounts that are applied to agricultural commodities insured under this subchapter.
Procedures
Effective beginning not later than the 2004 reinsurance year, based on the review, the Corporation shall make adjustments in the procedures, taking into consideration the actuarial soundness of the adjustment and the prevention of fraud, waste, and abuse.
Quality of agricultural commodities delivered to warehouse operators
Special provisions for malting barley
The Corporation shall promulgate special provisions under this subsection specific to malting barley, taking into consideration any changes in quality factors, as required by applicable market conditions.
Test weight for corn
In general
The Corporation shall establish procedures to allow insured producers not more than 120 days to settle claims, in accordance with procedures established by the Secretary, involving corn that is determined to have low test weight.
Implementation
As soon as practicable after , the Corporation shall implement subparagraph (A) on a regional basis based on market conditions and the interests of producers.
Termination of effectiveness
The authority provided by this paragraph terminates effective on the date that is 5 years after the date on which subparagraph (A) is implemented.
Limitation on multiple benefits for same loss
In general
Except as provided in paragraph (2), if a producer who is eligible to receive benefits under catastrophic risk protection under subsection (b) is also eligible to receive assistance for the same loss under any other program administered by the Secretary, the producer shall be required to elect whether to receive benefits under this subchapter or under the other program, but not both. A producer who purchases additional coverage under subsection (c) may also receive assistance for the same loss under other programs administered by the Secretary, except that the amount received for the loss under the additional coverage together with the amount received under the other programs may not exceed the amount of the actual loss of the producer.
Exception
7 U.S.C. 1961Paragraph (1) shall not apply to emergency loans under subtitle C of the Consolidated Farm and Rural Development Act ( et seq.).
Crop production on native sod
Definition of native sod
Reduction in benefits
In general
First 4 crop years
During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an annual crop beginning on , and ending on , shall be subject to a reduction in benefits under this subchapter as described in this paragraph.
Subsequent crop years
De minimis acreage exemption
The Secretary shall exempt areas of 5 acres or less from subparagraph (A).
Administration
Reduction
Yield substitution
During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod.
Application
This subsection shall only apply to native sod acreage in the States of Minnesota, Iowa, North Dakota, South Dakota, Montana, and Nebraska.
Coverage levels by practice
Beginning with the 2015 crop year, a producer that produces an agricultural commodity on both dry land and irrigated land may elect a different coverage level for each production practice.
Feb. 16, 1938, ch. 3052 Stat. 74June 22, 1938, ch. 56352 Stat. 835June 21, 1941, ch. 21455 Stat. 255Dec. 23, 1944, ch. 71358 Stat. 918Aug. 1, 1947, ch. 44061 Stat. 718Aug. 25, 1949, ch. 51263 Stat. 663Aug. 13, 1953, ch. 43167 Stat. 575Pub. L. 85–11171 Stat. 309Pub. L. 86–13173 Stat. 278Pub. L. 88–58978 Stat. 933Pub. L. 96–365, title I94 Stat. 1314Pub. L. 100–387, title II, § 208(a)102 Stat. 941Pub. L. 101–624, title XXII104 Stat. 3955–3957Pub. L. 102–237, title VI, § 601(4)105 Stat. 1878Pub. L. 103–66, title XIV, § 1403(b)(1)107 Stat. 333Pub. L. 103–354, title I, § 106108 Stat. 3183Pub. L. 104–127, title I110 Stat. 943–946Pub. L. 105–185, title V112 Stat. 581Pub. L. 105–277, div. A, § 101(a) [title VIII, § 803(a)]112 Stat. 2681Pub. L. 106–113, div. B, § 1000(a)(5) [title II, §§ 205(a), 206]113 Stat. 1536Pub. L. 106–224, title I114 Stat. 360–368Pub. L. 107–171, title X116 Stat. 486Pub. L. 109–97, title VII, § 780119 Stat. 2162Pub. L. 110–234, title XII122 Stat. 1372–1381Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title XI128 Stat. 954–957Pub. L. 114–74, title II, § 201129 Stat. 587Pub. L. 114–94, div. C, title XXXII, § 32205129 Stat. 1740Pub. L. 115–334, title XI132 Stat. 4921–4924Pub. L. 119–21, title I139 Stat. 90(, title V, § 508, ; , ; , §§ 3–7, 10, , 256; , §§ 1–3, , 919; , §§ 1–3, ; , §§ 1–3, ; , ; , , ; , , ; , , ; , §§ 105, 106, 107(b), , , 1315, 1317; , , ; , §§ 2203–2205, , ; , (5), , ; , (2), , , 334; , , ; , §§ 193(a)(1), (2), (c), (d), (f), 195, , ; , §§ 532, 534, , , 583; , , , 2681–38; , , , 1501A–294; , §§ 101–103(b)(1), (c), (d), 104–107, 123, 124(a), 144–146, 161, 162, , , 378, 391, 392, 395; , §§ 10001–10003, , ; , , ; , §§ 12003(b)–12006(a), 12007–12014(a), 12015–12020(a), 12033(c)(2)(B), , , 1405; , title XII, §§ 12003(b)–12006(a), 12007–12014(a), 12015–12020(a), 12033(c)(2)(B), , , 2133–2142, 2167; , §§ 11002–11003(c), 11004–11010(a), 11011–11014(a), 11015, 11016(b), 11017(b), 11023(a), 11028(a), title XII, § 12305(b), , , 960, 961, 963, 966, 973, 977, 988; , , ; , , ; , §§ 11105(b)–11109(a), 11110–11114, title XII, § 12306(b)(2), , , 4968; , §§ 10303(b), 10501(b)–10504, , , 103–106.)
Editorial Notes
References in Text
Pub. L. 103–354108 Stat. 3209The Department of Agriculture Reorganization Act of 1994, referred to in subsec. (a)(3)(B)(ii)(I), is title II of , , . Subtitle H of the Act is classified principally to subchapter VIII (§ 6991 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Tables.
oPub. L. 110–246The date of enactment of the Food, Conservation, and Energy Act of 2008, the date of enactment of this subsection, the date of enactment of this paragraph, and the date of enactment of this subparagraph, referred to in subsecs. (a)(9)(B)(iii)(I), (c)(5)(D)(i)(I), (ii)(I), (d)(1)(B), (C), (k)(4)(E), (F), (8)(B)(ii), and ()(1)(B), mean the date of enactment of , which was approved .
For the effective date of this paragraph, referred to in subsecs. (b)(9)(B) and (g)(3)(C), as being , see Effective Date of 1994 Amendment note below.
Pub. L. 101–624104 Stat. 3935section 6501 of this titleThe Organic Foods Production Act of 1990, referred to in subsec. (c)(6)(D)(i), is title XXI of , , , which is classified generally to chapter 94 (§ 6501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Section 7759 of this titlePub. L. 106–224, title IV, § 438(a)(3)114 Stat. 454section 7702 of this title, referred to in subsec. (g)(5)(A)(i), was amended by , , , and, as amended, no longer contains provisions defining the term “plant pest”. See .
section 118 of Pub. L. 103–354section 1506 of this titleSection 118 of the Federal Crop Insurance Reform Act of 1994, referred to in subsec. (k)(5), is , which is set out as a note under .
act Feb. 16, 1938, ch. 30This subchapter, referred to in subsecs. (g)(6)(B), (C) and (k)(8)(F)(i)(II), (III), was in the original “this Act”, meaning the Federal Crop Insurance Act, which is subtitle A of title V of .
act Aug. 11, 1916, ch. 31339 Stat. 486section 241 of this titleThe United States Warehouse Act, referred to in subsec. (m)(4)(A), is part C of , , which is classified generally to chapter 10 (§ 241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 87–12875 Stat. 307section 1921 of this titleThe Consolidated Farm and Rural Development Act, referred to in subsec. (n)(2), is title III of , , . Subtitle C of the Act is classified generally to subchapter III (§ 1961 et seq.) of chapter 50 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 119–21, § 10502(a)(1)2025—Subsec. (c)(4)(A)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation).”
Pub. L. 119–21, § 10502(a)(2)(A)Subsec. (c)(4)(C)(ii). , substituted “10” for “14”.
Pub. L. 119–21, § 10502(a)(2)(B)Subsec. (c)(4)(C)(iii)(I). , substituted “90” for “86”.
Pub. L. 119–21, § 10303(b)section 9016 of this titleSubsec. (c)(4)(C)(iv). , substituted “Acres” for “Crops for which the producer has elected under to receive agriculture risk coverage and acres”.
Pub. L. 119–21, § 10504(1)Subsec. (e)(2)(C)(i). , substituted “69” for “64”.
Pub. L. 119–21, § 10504(2)Subsec. (e)(2)(D)(i). , substituted “64” for “59”.
Pub. L. 119–21, § 10504(3)Subsec. (e)(2)(E)(i). , substituted “60” for “55”.
Pub. L. 119–21, § 10504(4)Subsec. (e)(2)(F)(i). , substituted “51” for “48”.
Pub. L. 119–21, § 10504(5)Subsec. (e)(2)(G)(i). , substituted “41” for “38”.
Pub. L. 119–21, § 10502(b)Subsec. (e)(2)(H)(i). , substituted “80” for “65”.
Pub. L. 119–21, § 10501(b)Subsec. (e)(9). , added par. (9).
Pub. L. 119–21, § 10503Subsec. (k)(10) to (12). , added pars. (10) to (12).
Pub. L. 115–334, § 111062018—Subsec. (a)(2). , substituted “sweet potatoes, and hemp” for “and sweet potatoes”.
Pub. L. 115–334, § 11107(1)Subsec. (a)(3)(B). , inserted “determination review” after “practices” in heading.
Pub. L. 115–334, § 11105(b)(1)Subsec. (a)(6). , inserted “(including value-added crops)” after “crops” in heading.
Pub. L. 115–334, § 11105(b)(2)Subsec. (a)(6)(A). , added subpar. (A) and struck out former subsec. (A). Prior to amendment, text read as follows: “Not later than 180 days after , the Secretary shall issue guidelines for publication in the Federal Register for data collection to assist the Corporation in formulating crop insurance policies for new and specialty crops.”
Pub. L. 115–334, § 11105(b)(3)Subsec. (a)(6)(B). , substituted “Report” for “Addition of new crops” in heading.
Pub. L. 115–334, § 11105(b)(4)Subsec. (a)(6)(C), (D). , struck out subpars. (C) and (D) which read as follows:
Addition of direct sale perishable crops“(C) .—Not later than 1 year after , the Corporation shall report to Congress on the feasibility of offering a crop insurance program designed to meet the needs of specialized producers of vegetables and other perishable crops who market through direct marketing channels.
Addition of nursery crops“(D) .—Not later than 2 years after , the Corporation shall conduct a study and limited pilot program on the feasibility of insuring nursery crops.”
Pub. L. 115–334, § 11108(1)Subsec. (a)(7). , inserted “and underserved producers” after “States” in heading.
Pub. L. 115–334, § 11108(2)(A)Subsec. (a)(7)(A). , (C), substituted “Definitions” for “Definition of adequately served” in subpar. heading, inserted introductory provisions, designated existing provisions as cl. (i), inserted cl. heading, substituted “The term” for “In this paragraph, the term”, and added cl. (ii).
Pub. L. 115–334, § 11108(2)(B)Subsec. (a)(7)(A)(i). , which directed substitution of “participation rate, by crop,” for “participation rate”, was executed by making the substitution the first place appearing, to reflect the probable intent of Congress.
Pub. L. 115–334, § 11108(3)Subsec. (a)(7)(B). , substituted “Using resources and information available to the Board or the Secretary, the Board” for “The Board” and “subchapter, including policies and plans of insurance for underserved producers,” for “subchapter”.
Pub. L. 115–334, § 11108(4)Subsec. (a)(7)(C). , added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows:
In general“(i) .—Not later than 30 days after completion of the review under subparagraph (B), the Board shall submit to Congress a report on the results of the review.
Recommendations“(ii) .—The report shall include recommendations to increase participation in States that are not adequately served by the policies and plans of insurance.”
Pub. L. 115–334, § 11107(2)Subsec. (a)(11). , added par. (11).
Pub. L. 115–334, § 11109(a)Subsec. (b)(1). , struck out subpar. (A) designation and heading, substituted “The” for “Except as provided in subparagraph (B), the”, and struck out subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “Coverage described in subparagraph (A) shall not be available for crops and grasses used for grazing.”
Pub. L. 115–334, § 11110Subsec. (b)(5)(A). , substituted “$655” for “$300”.
Pub. L. 115–334, § 12306(b)(2)(A)Subsec. (b)(5)(E). , designated existing provisions as cl. (i), inserted heading, inserted “, and veteran farmers or ranchers” before period at end, and added cl. (ii).
Pub. L. 115–334, § 11111Subsec. (e)(5)(E). , added subpar. (E).
Pub. L. 115–334, § 12306(b)(2)(B)Subsec. (e)(8). , inserted “and veteran” after “beginning” in heading and “or veteran farmer or rancher” after “beginning farmer or rancher” in two places in text.
Pub. L. 115–334, § 12306(b)(2)(C)(i)Subsec. (g)(2)(B)(iii). , inserted “or veteran farmer or rancher” after “beginning farmer or rancher” in two places in introductory provisions.
Pub. L. 115–334, § 12306(b)(2)(C)(ii)Subsec. (g)(4)(B)(ii)(II). , inserted “and veteran farmers or ranchers” after “beginning farmers or ranchers”.
Pub. L. 115–334, § 11112Subsec. (g)(6). , added par. (6).
Pub. L. 115–334, § 11113(1)Subsec. (h)(1)(B). , designated existing provisions as cl. (i), inserted heading, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i) and inserted “subject to clause (ii),” before “will likely” in subcl. (I), realigned margins, and added cl. (ii).
Pub. L. 115–334, § 11113(2)Subsec. (h)(3)(C)(iv). , added cl. (iv).
oPub. L. 115–334, § 11114Subsec. ()(2)(A). , designated existing provisions as cl. (i), inserted heading, substituted “beginning on , and ending on ,” for “after ,”, and added cl. (ii).
Pub. L. 114–94, § 32205Pub. L. 114–74, § 2012015—Subsec. (k)(8). , repealed , effective , and provided that the provisions of law amended by such section are restored as if such section had not been enacted. See notes below and Effective Date of 2015 Amendment note below.
Pub. L. 114–74, § 201(1)Subsec. (k)(8)(A). , which directed substitution of “shall renegotiate the financial terms and conditions of each Standard Reinsurance Agreement—
“(i) not later than ; and
“(ii) not less than once during each period of 5 reinsurance years thereafter.”
for “may renegotiate the financial terms and conditions of each Standard Reinsurance Agreement—
“(i) to be effective for the 2011 reinsurance year beginning ; and
“(ii) once during each period of 5 reinsurance years thereafter.”,
Pub. L. 114–94, § 32205was repealed by . See above.
Pub. L. 114–74, § 201(2)Cap on overall rate of returnPub. L. 114–94, § 32205Subsec. (k)(8)(E). , which directed striking subpar. (E) and adding a new subpar. (E) to read “.—Notwithstanding subparagraph (F), the Board shall ensure that the Standard Reinsurance Agreement renegotiated under subparagraph (A)(i) establishes a target rate of return for the approved insurance providers, taken as a whole, that does not exceed 8.9 percent of retained premium for each of the 2017 through 2026 reinsurance years.”, was repealed by . See above.
Pub. L. 113–79, § 110022014—Subsec. (a)(9)(C). , added subpar. (C).
Pub. L. 113–79, § 12305(b)Subsec. (b)(1). , added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Corporation shall offer a catastrophic risk protection plan to indemnify producers for crop loss due to loss of yield or prevented planting, if provided by the Corporation, when the producer is unable, because of drought, flood, or other natural disaster (as determined by the Secretary), to plant other crops for harvest on the acreage for the crop year.”
Pub. L. 113–79, § 11016(b)(1)Subsec. (b)(5)(E). , inserted “and beginning farmers or ranchers” after “limited resource farmers”.
Pub. L. 113–79, § 11028(a)(1)Subsec. (b)(7) to (11). , redesignated pars. (8) to (11) as (7) to (10), respectively, and struck out former par. (7) which related to eligibility for Department programs.
Pub. L. 113–79, § 11003(a)Subsec. (c)(3). , added par. (3) and struck out former par. (3). Text read as follows: “A producer shall have the option of purchasing additional coverage based on an individual yield and loss basis or on an area yield and loss basis, if both options are offered by the Corporation.”
Pub. L. 113–79, § 11004Subsec. (c)(3)(C). , added subpar. (C).
Pub. L. 113–79, § 11003(b)Subsec. (c)(4). , added par. (4) and struck out former par. (4). Text read as follows: “The level of coverage shall be dollar denominated and may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). Not later than the beginning of the 1996 crop year, the Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph).”
Pub. L. 113–79, § 11023(a)Subsec. (c)(6)(D). , added subpar. (D).
Pub. L. 113–79, § 11005Subsec. (d)(2)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “In the case of catastrophic risk protection, the amount of the premium shall be sufficient to cover anticipated losses and a reasonable reserve.”
Pub. L. 113–79, § 11028(a)(2)Subsec. (e)(2). , substituted “paragraphs (3), (6), and (7)” for “paragraph (3)” in introductory provisions.
Pub. L. 113–79, § 11003(c)Subsec. (e)(2)(H). , added subpar. (H).
Pub. L. 113–79, § 11006Subsec. (e)(5)(A). , added subpar. (A) and struck out former subpar. (A). Text read as follows: “The Corporation may carry out a pilot program under which the Corporation pays a portion of the premiums for plans or policies of insurance for which the insurable unit is defined on a whole farm or enterprise unit basis that is higher than would otherwise be paid in accordance with paragraph (2).”
Pub. L. 113–79, § 11007Subsec. (e)(5)(D). , added subpar. (D).
Pub. L. 113–79, § 11016(b)(2)Subsec. (e)(8). , added par. (8).
Pub. L. 113–79, § 11009(1)Subsec. (g)(2)(A). , inserted “and paragraph (4)(C)” after “subparagraph (B)”.
Pub. L. 113–79, § 11016(b)(3)(A)Subsec. (g)(2)(B)(iii). , added cl. (iii).
Pub. L. 113–79, § 11008Subsec. (g)(2)(E). , added subpar. (E).
Pub. L. 113–79, § 11016(b)(3)(B)Subsec. (g)(4)(B)(ii). , designated existing provisions as subcl. (I) and added subcl. (II).
Pub. L. 113–79, § 11009(2)Subsec. (g)(4)(C), (D). , added subpar. (C), redesignated former subpar. (C) as (D), and in subpar. (D) inserted “or (C)” after “subparagraph (B)”.
Pub. L. 113–79, § 11010(a)(1)Subsec. (h)(1). , designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
Pub. L. 113–79, § 11010(a)(2)Subsec. (h)(3). , added par. (3) and struck out former par. (3). Text read as follows: “A policy or other material submitted to the Board under this subsection shall be reviewed by the Board and, if the Board finds that the interests of producers are adequately protected and that any premiums charged to the producers are actuarially appropriate, shall be approved by the Board for reinsurance and for sale by approved insurance providers to producers as an additional choice at actuarially appropriate rates and under appropriate terms and conditions. The Corporation may enter into more than 1 reinsurance agreement with the approved insurance provider simultaneously to facilitate the offering of the new policies.”
Pub. L. 113–79, § 11011Subsec. (h)(4)(E). , added subpar. (E).
Pub. L. 113–79, § 11017(b)section 1508b of this titleSubsec. (k)(4)(F). , inserted “or authorized under subsection (c)(4)(C) or ” after “of this subparagraph”.
Pub. L. 113–79, § 11028(a)(3)Subsec. (k)(8)(C). , substituted “subparagraph (A)(ii)” for “subparagraph (A)(iii)”.
Pub. L. 113–79, § 11012Subsec. (k)(8)(F). , added subpar. (F).
Pub. L. 113–79, § 11013Subsec. (m)(6). , added par. (6).
oPub. L. 113–79, § 11014(a)(1)Subsec. ()(1)(B). , inserted “, or the producer cannot substantiate that the ground has ever been tilled,” after “never been tilled”.
oPub. L. 113–79, § 11014(a)(2)(A)Subsec. ()(2). , substituted “Reduction in” for “Ineligibility for” in heading.
oPub. L. 113–79, § 11014(a)(2)(B)Subsec. ()(2)(A). , added subpar. (A) and struck out former subpar. (A). Text read as follows: “Subject to subparagraph (B) and paragraph (3), native sod acreage that has been tilled for the production of an annual crop after the date of enactment of this subsection shall be ineligible during the first 5 crop years of planting, as determined by the Secretary, for benefits under—
“(i) this subchapter; and
section 7333 of this title“(ii) .”
oPub. L. 113–79, § 11014(a)(2)(C)Subsec. ()(2)(C). , added subpar. (C).
oPub. L. 113–79, § 11014(a)(3)Subsec. ()(3). , added par. (3) and struck out former par. (3). Text read as follows: “Paragraph (2) may apply to native sod acreage in the Prairie Pothole National Priority Area at the election of the Governor of the respective State.”
Pub. L. 113–79, § 11015Subsec. (p). , added subsec. (p).
Pub. L. 110–246, § 12033(c)(2)(B)2008—Subsec. (a). , substituted “this subchapter” for “this chapter” wherever appearing.
Pub. L. 110–246Subsec. (a)(9), (10). , §§ 12004, 12005, added pars. (9) and (10).
Pub. L. 110–246, § 12006(a)(1)Subsec. (b)(5)(A). , added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Each producer shall pay an administrative fee for catastrophic risk protection in an amount equal to 10 percent of the premium for the catastrophic risk protection or $100 per crop per county, whichever is greater, as determined by the Corporation.”
Pub. L. 110–246, § 12006(a)(2)(A)Subsec. (b)(5)(B). , substituted “Payment of catastrophic risk protection fee on behalf of producers” for “Payment on behalf of producers” in heading.
Pub. L. 110–246, § 12006(a)(2)(B)Subsec. (b)(5)(B)(i). , struck out “or other payment” after “licensing fee” and substituted “through the payment of catastrophic risk protection administrative fees” for “with catastrophic risk protection or additional coverage”.
Pub. L. 110–246, § 12006(a)(2)(C)Subsec. (b)(5)(B)(ii). , (D), redesignated cl. (iii) as (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “A licensing fee or other payment made by an insurance provider to the cooperative association or trade association in connection with the issuance of catastrophic risk protection or additional coverage to members of the cooperative association or trade association shall be subject to the laws regarding rebates of the State in which the fee or other payment is made.”
Pub. L. 110–246, § 12006(a)(2)(D)Subsec. (b)(5)(B)(iii) to (v). –(F), redesignated cls. (iv) and (v) as (iii) and (iv), respectively, in cl. (iii), substituted “Catastrophic risk protection coverage” for “A policy or plan of insurance”, and, in cl. (iv), struck out “or other arrangement under this subparagraph” after “licensing fee” and “additional” before “coverage”. Former cl. (iii) redesignated (ii).
Pub. L. 110–246, § 12006(a)(2)(C)Subsec. (b)(5)(B)(vi). , struck out cl. (vi). Prior to amendment, text read as follows: “Not later than , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that evaluates—
“(I) the operation of this subparagraph; and
“(II) the impact of this subparagraph on participation in the Federal crop insurance program, including the impact on levels of coverage purchased.”
Pub. L. 110–246, § 12007(1)Subsec. (b)(5)(C). , substituted “the same date on which the premium” for “the date that premium”.
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (b)(9), (10). , substituted “this subchapter” for “this chapter” wherever appearing.
Pub. L. 110–246, § 12008Subsec. (b)(11). , substituted “6 percent” for “8 percent”.
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (c)(5)(A). , substituted “this subchapter” for “this chapter” in two places.
Pub. L. 110–246, § 12009Subsec. (c)(5)(D). , added subpar. (D).
Pub. L. 110–246, § 12007(2)Subsec. (c)(10)(C). , added subpar. (C).
Pub. L. 110–246, § 12003(b)Subsec. (d)(1). , substituted “not greater than—” for “not greater than 1.1 through , and not greater than 1.075 after .” and added subpars. (A) to (C).
Pub. L. 110–246, § 12007(3)Subsec. (d)(4). , added par. (4).
Pub. L. 110–246, § 12012(1)Subsec. (e)(2). , which directed amendment of par. (2) by substituting “paragraphs (4), (6), and (7)” for “paragraph (4)” in introductory provisions, was not executed. See below.
Pub. L. 110–246, § 12010(1), substituted “paragraph (3)” for “paragraph (4)” in introductory provisions.
Pub. L. 110–246, § 12010(2)Subsec. (e)(3). , (3), redesignated par. (4) as (3) and struck out former par. (3). Prior to amendment, text read as follows: “If an approved insurance provider determines that the provider may provide insurance more efficiently than the expense reimbursement amount established by the Corporation, the approved insurance provider may reduce, subject to the approval of the Corporation, the premium charged the insured by an amount corresponding to the efficiency. The approved insurance provider shall apply to the Corporation for authority to reduce the premium before making such a reduction, and the reduction shall be subject to the rules, limitations, and procedures established by the Corporation.”
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (e)(4). , substituted “this subchapter” for “this chapter”.
Pub. L. 110–246, § 12010(3), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Pub. L. 110–246, § 12011Subsec. (e)(5). , added par. (5).
Pub. L. 110–246, § 12010(3), redesignated par. (5) as (4).
Pub. L. 110–246, § 12012(2)Subsec. (e)(6), (7). , added pars. (6) and (7).
Pub. L. 110–246, § 12033(c)(2)(B)Subsecs. (f), (h), (i). , substituted “this subchapter” for “this chapter” wherever appearing.
Pub. L. 110–246, § 12013Subsec. (j)(2)(A). , inserted “on behalf of the Corporation” after “approved provider”.
Pub. L. 110–246, § 12014(a)Subsec. (j)(5). , added par. (5).
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (k)(1). , substituted “this subchapter” for “this chapter”.
Pub. L. 110–246, § 12016(1)Subsec. (k)(4)(A). , substituted “Except as otherwise provided in this paragraph” for “Except as provided in subparagraph (B)” in introductory provisions.
Pub. L. 110–246, § 12015Subsec. (k)(4)(D). , added subpar. (D).
Pub. L. 110–246, § 12016(2)Subsec. (k)(4)(E), (F). , added subpars. (E) and (F).
Pub. L. 110–246, § 12017Subsec. (k)(8). , added par. (8).
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (k)(9). , substituted “this subchapter” for “this chapter” in introductory provisions.
Pub. L. 110–246, § 12018, added par. (9).
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (m). , substituted “this subchapter” for “this chapter” wherever appearing.
Pub. L. 110–246, § 12019Subsec. (m)(5). , added par. (5).
Pub. L. 110–246, § 12033(c)(2)(B)Subsec. (n)(1). , substituted “this subchapter” for “this chapter”.
oPub. L. 110–246, § 12020(a)oSubsec. (). , added subsec. ().
oPub. L. 110–246, § 12033(c)(2)(B)Subsec. ()(2)(A)(i). , substituted “this subchapter” for “this chapter”.
Pub. L. 109–972005—Subsec. (a)(4)(B). inserted “or similar commodities” after “the commodity”.
Pub. L. 107–171, § 100012002—Subsec. (a)(2). , substituted “, potatoes, and sweet potatoes” for “and potatoes”.
Pub. L. 107–171, § 10002Subsec. (e)(4). , substituted “Prohibition” for “Temporary prohibition” in heading and “and subsequent reinsurance years” for “through 2005 reinsurance years” in text.
Pub. L. 107–171, § 10003(1)Subsec. (m)(3). , designated first sentence of par. (3) as subpar. (A) and inserted heading and designated second sentence of par. (3) as subpar. (B), inserted heading, and substituted “Effective beginning not later than the 2004 reinsurance year, based on” for “Based on” in text.
Pub. L. 107–171, § 10003(2)Subsec. (m)(4). , added par. (4).
Pub. L. 106–224, § 1232000—Subsec. (a)(3). , added par. (3) and struck out heading and text of former par. (3). Text read as follows: “Insurance provided under this subsection shall not cover losses due to—
“(A) the neglect or malfeasance of the producer;
“(B) the failure of the producer to reseed to the same crop in such areas and under such circumstances as it is customary to reseed; or
“(C) the failure of the producer to follow good farming practices (as determined by the Secretary).”
Pub. L. 106–224, § 161Subsec. (a)(3)(C). , added subpar. (C).
Pub. L. 106–224, § 144Subsec. (a)(5). , designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and realigned their margins, and added subpar. (B).
Pub. L. 106–224, § 145Subsec. (a)(7). , added par. (7).
Pub. L. 106–224, § 162Subsec. (a)(8). , added par. (8).
Pub. L. 106–224, § 103(a)Subsec. (b)(3). , added par. (3) and struck out heading and text of former par. (3). Text read as follows: “A producer shall have the option of basing the catastrophic coverage of the producer on an individual yield and loss basis or on an area yield and loss basis, if both options are offered by the Corporation.”
Pub. L. 106–224, § 103(b)(1)(A)Subsec. (b)(5)(A). , substituted “$100” for “$50”.
Pub. L. 106–224, § 103(b)(1)(B)Subsec. (b)(5)(B). , (c), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “In addition to the amount required under subparagraph (A), the producer shall pay a $10 fee for each amount determined under subparagraph (A).”
Pub. L. 106–224, § 103(b)(1)(C)Subsec. (b)(5)(C). , substituted “administrative fee required by this paragraph” for “amounts required under subparagraphs (A) and (B)”.
Pub. L. 106–224, § 103(d)Subsec. (b)(11). , substituted “8 percent” for “11 percent”.
Pub. L. 106–224, § 101(a)Subsec. (c)(5). , added par. (5) and struck out heading and text of former par. (5). Text read as follows: “The Corporation shall establish a price level for each commodity on which insurance is offered that—
“(A) shall not be less than the projected market price for the commodity (as determined by the Corporation); or
“(B) at the discretion of the Corporation, may be based on the actual market price at the time of harvest (as determined by the Corporation).”
Pub. L. 106–224, § 104Subsec. (c)(10). , added par. (10) and struck out former par. (10), which required administrative fee where producer elected to purchase additional coverage for crop at level that was less than 65 percent of recorded or appraised average yield indemnified at 100 percent of expected market price, or equivalent coverage, and provided for exception to fee if producer elected to purchase additional coverage for crop equal to 65 percent or more of recorded or appraised average yield indemnified at 100 percent of expected market price, or equivalent coverage, additional fee if producer elected to purchase additional coverage for crop equal to or exceeding 65 percent of recorded or appraised average yield and 100 percent of expected market price or equivalent coverage, and for deposit of fees.
Pub. L. 106–224, § 101(b)(1)Subsec. (d)(2)(B), (C). , added subpar. (B) and struck out former subpars. (B) and (C), which described premium amounts in the case of additional coverage below, equal to, or greater than 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage.
Pub. L. 106–224, § 101(b)(2)Subsec. (d)(3). , added par. (3).
Pub. L. 106–224, § 101(c)(1)Subsec. (e)(2). , substituted “Subject to paragraph (4), the amount” for “The amount” in introductory provisions.
Pub. L. 106–224, § 101(c)(2)Subsec. (e)(2)(B) to (G). , added subpars. (B) to (G) and struck out former subpars. (B) and (C), which set forth amount of premium to be paid by Corporation in the case of coverage below, equal to, or greater than 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage.
Pub. L. 106–224, § 101(d)Subsec. (e)(4). , added par. (4) and struck out former par. (4), which authorized Corporation to allow approved providers to offer insurance plan to producers that would combine both individual and area yield coverage at a premium rate determined under certain conditions.
Pub. L. 106–224, § 101(e)Subsec. (e)(5). , added par. (5).
Pub. L. 106–224, § 124(a)Subsec. (f)(3)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “provide, to the extent required by the Corporation, records acceptable to the Corporation of historical acreage and production of the crops for which the insurance is sought or accept a yield determined by the Corporation; and”.
Pub. L. 106–224, § 105(a)Subsec. (g)(2)(B). , designated existing provisions of subpar. (B) as cl. (i) and added cl. (ii).
Pub. L. 106–224, § 101(f)Subsec. (g)(2)(D). , struck out “(as provided in subsection (e)(4) of this section)” after “combined coverage”.
Pub. L. 106–224, § 105(b)Subsec. (g)(4), (5). , added pars. (4) and (5).
Pub. L. 106–224, § 146(a)Subsec. (h)(1). , inserted “(including an approved insurance provider, a college or university, a cooperative or trade association, or any other person)” after “a person” in introductory provisions.
Pub. L. 106–224, § 102(a)(1)Subsec. (h)(2). , struck out at end “In the case of such a policy, the payment by the Corporation of a portion of the premium of the policy may not exceed the amount that would otherwise be authorized under subsection (e) of this section.”
Pub. L. 106–224, § 146(b)Subsec. (h)(3). , inserted “by approved insurance providers” after “for sale” in first sentence.
Pub. L. 106–224, § 146(c)(1)section 552(b)(4) of title 5Subsec. (h)(4)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “A proposal submitted to the Board under this subsection shall be considered as confidential commercial or financial information for purposes of until approved by the Board. A proposal disapproved by the Board shall remain confidential commercial or financial information.”
Pub. L. 106–224, § 146(c)(2)Subsec. (h)(4)(B). , inserted subpar. heading.
Pub. L. 106–224, § 146(c)(3)Subsec. (h)(4)(C), (D). , added subpars. (C) and (D) and struck out former subpars. (C) and (D), which required notice of intent to disapprove, provided that modification would be considered an original application, and directed that specific guidelines were to prescribe timely submission and consideration of proposals.
Pub. L. 106–224, § 102(a)(2)Subsec. (h)(5). , added par. (5) and struck out heading and text of former par. (5). Text read as follows: “Any policy, provision of a policy, or rate approved under this subsection shall be published as a notice in the Federal Register and made available to all persons contracting with or reinsured by the Corporation under the terms and conditions of the contract between the Corporation and the person originally submitting the policy or other material.”
Pub. L. 106–224, § 146(d)Subsec. (h)(6) to (10). , redesignated par. (7) as (6) and struck out former pars. (6) which related to pilot cost of production risk protection plan, (8) which related to pilot program of assigned yields for new producers, (9) which related to revenue insurance pilot program, and (10) which related to time limits for response to submission of new policies.
Pub. L. 106–224, § 106Subsec. (i). , designated existing provisions as par. (1), inserted heading, and added pars. (2) to (4).
Pub. L. 106–224, § 102(b)Subsec. (k)(4)(C). , added subpar. (C).
Pub. L. 106–224, § 107Subsec. (m). , added subsec. (m) and struck out former subsec. (m), which authorized research, surveys, pilot programs, and investigations relating to crop insurance and agriculture-related risks and losses and required evaluation of pilot programs and submission of reports, including recommendations with respect to implementation of programs on a national basis.
Pub. L. 106–113, § 1000(a)(5) [title II, § 206]1999—Subsec. (f)(2). , designated existing provisions as subpar. (A), inserted heading, struck out “Beginning with the 1995 crop year, the Corporation shall establish, for an insurance policy for each insurable crop that is planted in the spring, a sales closing date that is 30 days earlier than the corresponding sales closing date that was established for the 1994 crop year.” after “price and production adjustment programs of the Department.”, and added subpars. (B) and (C).
Pub. L. 106–113, § 1000(a)(5) [title II, § 205(a)]Subsec. (h)(9)(A). , substituted “1997 through 2001” for “1997, 1998, 1999, and 2000”.
Pub. L. 105–185, § 532(a)1998—Subsec. (b)(5). , added par. (5) and struck out heading and text of former par. (5) which, in subpar. (A) required payment of $50 fee per crop per county up to a maximum of $200 per producer per county and $600 per producer for all counties, in subpar. (B) directed crediting of fees up to $100 collected by USDA offices to appropriations account, retention of fees up to $100 collected by approved insurance providers, and deposit of fees in excess of $100 in crop insurance fund, and in subpar. (C) waived fee for limited resource farmers as defined by Corporation.
Pub. L. 105–185, § 532(d)Subsec. (b)(11). , added par. (11).
Pub. L. 105–185, § 532(b)(1)Subsec. (c)(10)(A). , added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Except as otherwise provided in this paragraph, if a producer elects to purchase additional coverage for a crop at a level that is less than 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the producer shall pay an administrative fee for the additional coverage. Subsection (b)(5) of this section shall apply in determining the amount and use of the administrative fee or in determining whether to waive the administrative fee.”
Pub. L. 105–185, § 532(b)(2)Subsec. (c)(10)(C). , substituted “$20” for “$10” in first sentence.
Pub. L. 105–185, § 534Subsec. (h)(10). , added par. (10).
Pub. L. 105–185, § 532(c)Subsec. (k)(4). , added par. (4) and struck out heading and text of former par. (4). Text read as follows: “The rate established by the Board to reimburse approved insurance providers and agents for the administrative and operating costs of the providers and agents shall not exceed—
“(A) for the 1997 reinsurance year, 29 percent of the premium used to define loss ratio;
“(B) for the 1998 reinsurance year, 28 percent of the premium used to define loss ratio; and
“(C) for the 1999 reinsurance year, 27.5 percent of the premium used to define loss ratio.”
Pub. L. 105–277Subsec. (n). designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), if a producer” for “If a producer”, and added par. (2).
Pub. L. 104–127, § 193(c)1996—Subsec. (a)(6)(D). , added subpar. (D).
Pub. L. 104–127, § 193(a)(1)Subsec. (b)(4)(C). , added subpar. (C).
Pub. L. 104–127, § 193(a)(2)section 2008f of this titleSubsec. (b)(7)(A). , added subpar. (A) and struck out heading and text of former subpar. (A). Prior to amendment, text read as follows: “To be eligible for any price support or production adjustment program, the conservation reserve program, or any benefit described in , the producer must obtain at least the catastrophic level of insurance for each crop of economic significance grown on each farm in the county in which the producer has an interest, if insurance is available in the county for the crop.”
Pub. L. 104–127, § 195Subsec. (h)(9). , added par. (9).
Pub. L. 104–127, § 193(d)Subsec. (j)(4). , added par. (4).
Pub. L. 104–127, § 193(f)Subsec. (n). , added subsec. (n).
Pub. L. 103–354l1994— amended section generally, substituting present provisions for former provisions which related to: in subsec. (a), authority to offer insurance; in subsec. (b), submission of policies and materials to Board; in subsec. (c), actuarial soundness; in subsec. (d), adoption of rates and coverages; in subsec. (e), premiums; in subsec. (f), claims for losses; in subsec. (g), special rule for cotton; in subsec. (h), reinsurance; in subsec. (i), application to other areas; in subsec. (j), optional coverages; in subsec. (k), research; in subsec. (), crop insurance for dry edible beans; in subsec. (m), information collection on crop insurance; and in subsec. (n), area yield plan.
Pub. L. 103–66, § 1403(b)(1)1993—Subsec. (h). , substituted fifth sentence for former fifth sentence which read as follows: “The Corporation shall also pay operating and administrative costs to insurers of policies on which the Corporation provides reinsurance to the same extent that such costs are covered by the Corporation on the Corporation’s policies of insurance.”
Pub. L. 103–66, § 1403(b)(2)Subsec. (n). , added subsec. (n).
Pub. L. 102–237, § 601(4)1991—Subsec. (a). , struck out par. (1) designation.
Pub. L. 102–237, § 601(5)lSubsecs. (k) to (n). , redesignated subsecs. () to (n) as (k) to (m), respectively.
Pub. L. 101–624, § 2204(b)(1)1990—, inserted section catchline and struck out “To carry out the purposes of this chapter the Corporation is authorized and empowered—” before subsec. (a).
Pub. L. 101–624, § 2205(1)Subsec. (a). , inserted heading, substituted “the Corporation may insure” for “to insure” in first sentence, and inserted provisions relating to amount of insurance to be provided in cases where Agricultural Stabilization and Conservation Service has established adjusted yields, and provisions relating to establishment of a price level for each commodity beginning with the 1992 crop year.
Pub. L. 101–624, § 2204(a)(1)Subsecs. (b) to (d). , (2), added subsecs. (b) to (d) and redesignated subsecs. (b) to (d) as (e) to (g), respectively.
Pub. L. 101–624, § 2204(a)(1)Subsec. (e). , (b)(2), redesignated subsec. (b) as (e), inserted heading, and substituted “The Corporation may fix” for “To fix” in par. (1). Former subsec. (e) redesignated (h).
Pub. L. 101–624, § 2204(a)(1)Subsec. (f). , redesignated subsec. (c) as (f). Former subsec. (f) redesignated (i).
Pub. L. 101–624, § 2203(a), inserted heading, substituted “The Corporation may adjust and pay claims for losses as provided under subsection (a) of this section” for “To adjust and pay claims for losses”, and inserted after first sentence “The rules prescribed by the Board shall establish standards to ensure that all claims for losses are adjusted to the extent practicable in a uniform and timely manner.”
Pub. L. 101–624, § 2204(a)(1)Subsec. (g). , (b)(3), redesignated subsec. (d) as (g), inserted heading, and substituted “the Corporation may include” for “to include”. Former subsec. (g) redesignated (j).
Pub. L. 101–624, § 2204(a)(1)Subsec. (h). , redesignated subsec. (e) as (h). Former subsec. (h) redesignated (k).
Pub. L. 101–624, § 2203(b), inserted heading, substituted “The Corporation is directed” for “And directed”, and inserted sentence at end relating to revision of reinsurance agreements beginning with the 1992 reinsurance year.
Pub. L. 101–624, § 2204(a)(1)lSubsec. (i). , (b)(4), redesignated subsec. (f) as (i), inserted heading, and substituted “The Corporation may provide” for “To provide”. Former subsec. (i) redesignated ().
Pub. L. 101–624, § 2204(a)(1)Subsec. (j). , (b)(5), redesignated subsec. (g) as (j), inserted heading, and substituted “The Corporation may offer” for “To offer”. Former subsec. (j) redesignated (m).
Pub. L. 101–624, § 2205(2)Subsec. (k). , struck out subsec. (k) which set out a special rule for calculating premiums and indemnities, with respect to insuring timber and forest yields.
Pub. L. 101–624, § 2204(a)(1), (b)(6), redesignated subsec. (h) as (k), inserted heading, and substituted “The Corporation may include” for “To include”.
lPub. L. 101–624, § 2204(a)(1)lSubsec. (). , (b)(7), redesignated subsec. (i) as (), inserted heading, substituted “The Corporation may conduct” for “To conduct”, and struck out second and third sentences which read as follows: “Beginning in the 1981 crop year and ending after the 1985 crop year, the Corporation shall also conduct a pilot program of individual risk underwriting of crop insurance in not less than twenty-five counties. Under this pilot program, to the extent that appropriate yield data are available, the Corporation shall make available to producers in such counties crop insurance under this chapter based on personalized rates and with guarantees determined from the producer’s actual yield history.”
Pub. L. 101–624, § 2204(b)(8)Subsec. (m). , added subsec. (m) and struck out former subsec. (m) which read as follows: “To accumulate, prior to the 1989 crop year, sufficient actuarial data to enable the Corporation to provide crop insurance that meets the differentiated needs of producers of different types of dry edible beans. Commencing with the 1989 crop year, the Corporation shall make such crop insurance available to producers.”
Pub. L. 101–624, § 2204(a)(1), redesignated subsec. (j) as (m).
Pub. L. 101–624, § 2204(a)(3)Subsec. (n). , added subsec. (n).
Pub. L. 100–3871988—Subsec. (j). added subsec. (j).
Pub. L. 96–365, § 1051980—Subsec. (a). , authorized Corporation, if sufficient actuarial data is available, to insure producers of any agricultural commodity grown in the United States under any plan of insurance determined to be adapted to the commodity involved; defined “field” in the case of aquacultural species to mean the environment in which the commodity is produced; in revising percentage limitations for crop insurance coverage, prescribed 75 per centum protection for recorded or appraised average yield (previously protected up to such percentage), offered producers lesser levels of coverage including 50 per centum of recorded or appraised average yield as adjusted, barred protection exceeding 75 per centum, offered price election approximating (but not less than 90 per centum of) projected market price for commodity involved, and struck out requirement for downward adjustment of minimum percentage in yield which may be insured to reflect investment in crop; and struck out limitations on Federal crop insurance program which: limited crop insurance to not more than seven agricultural commodities in 1948 and to not more than three additional commodities yearly thereafter, beginning with 1954 crop authorized yearly expansion of crop insurance program to not more than 150 counties in addition to counties offered insurance the previous year, limited reinsurance for private insurance companies to 20 counties, and required counties selected by the Board for crop insurance to be representative of areas where the commodity involved normally was produced; and struck out general reinsurance provision, covered in subsec. (e) of this section.
Pub. L. 96–365, § 106(1)Subsec. (b). , designated existing provisions as par. (1), struck out “in the agricultural commodity or in cash,” after “premiums for insurance” and proviso from first sentence authorizing establishment of premiums on the basis of the parity or comparable price for the commodity as determined and publish by Secretary of Agriculture, or on the basis of an average market price designated by the Board and second sentence providing for collection of premiums at such time or times, or for securing in such manner, as the Board may determine, which is covered in par. (4), required the rates to be actuarially sufficient, added pars. (2) and (3), incorporated existing provision in par. (4), and added pars. (5) and (6).
Pub. L. 96–365, § 106(2)Subsec. (c). , struck out “in the agricultural commodity or in cash,” after “claims for losses” and provisions respecting: determination of indemnities on same price basis as premiums were determined for the crop with respect to which the indemnities were paid; requirement that the Corporation post annually for each county at the county courthouse a list of indemnities paid for losses on farms in the county; action on claims in any court of the State having general jurisdiction, sitting in the county where the insured farm was located; and jurisdiction of district courts without regard to amount in controversy.
Pub. L. 96–365, § 106(3)Subsec. (d). , redesignated subsec. (e) as (d) and struck out prior subsec. (d) authorizing Corporation to purchase, handle, store, insure, provide storage facilities for, and sell agricultural commodities.
Pub. L. 96–365, § 106(4)Subsec. (e). , added subsec. (e). Former subsec. (e) redesignated (d).
Pub. L. 96–365, § 106(4)Subsec. (f). , substituted provisions for insurance and reinsurance in the territories and possessions for prior provision for reinsurance in Puerto Rico when not available from recognized private sources.
Pub. L. 96–365, § 106(4)Subsecs. (g), (h). , added subsecs. (g) and (h).
Pub. L. 96–365, § 107(b)Subsec. (i). , added subsec. (i).
Pub. L. 88–5891964—Subsec. (a). increased from 100 to 150 the number of counties into which the Federal crop insurance program may be extended.
Pub. L. 86–1311959—Subsec. (a). struck out provision prohibiting Federal crop insurance in a county unless two hundred farms or one third of the farms normally producing the commodity apply for such insurance, excluding farms refused insurance on the basis of risk involved.
Pub. L. 85–1111957—Subsec. (f). added subsec. (f).
1953—Subsec. (a). Act , authorized extension of Federal crop insurance program into an additional 100 counties, struck out commodity formula basis on which this expansion may take place, and provided an exception to the strict county limitation by providing that producers on farms situated in a local producing area bordering on a county with a crop insurance program may be included in that county’s program.
1949—Subsec. (a). Act , § 1, provided for an annual increase in number of counties in which insurance now offered by Corporation can be issued.
Subsec. (b). Act , § 2, struck out provision under which Corporation’s administrative expenses are restricted, after the crop year 1949, to a sum equivalent to 25 percent of the premiums collected in the preceding year.
Subsec. (c). Act , § 3, struck out provision which required prorating of losses beginning with crop year 1950.
1947—Subsec. (a). Act , § 1, amended subsec. (a) generally, and among other changes, provided for crop insurance, commencing with crops planted for harvest in 1948, made provision for reinsurance, enumerated specific crops insurable in 1948, provided for additional crops in subsequent years, limited number of counties in which certain crops were insurable, increased required number of applications in any one county from fifty to two hundred, and authorized Board to refuse insurance in any county where agricultural commodity to be insured constitutes an unimportant part of total agricultural income.
Subsec. (b). Act , § 2, inserted proviso relating to basis for premiums.
Subsec. (c). Act , § 3, inserted first proviso relating to determination of price basis for indemnities.
1944—Subsec. (a). Act , § 1, amended subsec. (a) generally to provide insurance against loss not only for wheat and cotton crops but also for flax, corn, oats, etc.
Subsec. (b). Act , § 2, provided for the establishment of such rates as would cover crop losses and build up a reasonable reserve, and inserted proviso.
Subsec. (c). Act , § 3, inserted first proviso, and inserted “and received” after “mailed to” in last proviso.
1941—Subsec. (a). Act , §§ 3–5, struck out comma after “1939” and inserted “and with the cotton crop planted for harvest in 1942”, and substituted “producers of the agricultural commodity against loss in yields of the agricultural commodity” for “producers of wheat against loss in yields of wheat” in the first sentence, and “the agricultural commodity” for “wheat” in the third sentence, respectively.
Subsecs. (b), (c). Act , § 6, substituted “the agricultural commodity” for “wheat” wherever appearing.
Subsec. (d). Act , §§ 6, 10, substituted “the agricultural commodity” for “wheat” wherever appearing, and inserted second sentence.
Subsec. (e). Act , § 7, added subsec. (e).
1938—Subsec. (a). Act , inserted second proviso in first sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–94, div. C, title XXXII, § 32205129 Stat. 1740
Effective Date of 2014 Amendment
Pub. L. 113–79, title XI, § 11003(d)128 Stat. 956
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .
Effective Date of 2000 Amendment
Pub. L. 106–224Pub. L. 106–224section 146 of Pub. L. 106–224section 171 of Pub. L. 106–224section 1501 of this titleAmendment by sections 101(a)–(c), 102(a), 103(a), (b)(1), (c), 104, 105(b), and 162 of applicable beginning with the 2001 crop of an agricultural commodity, amendment by sections 101(d), 102(b), and 103(d) of applicable beginning with the 2001 reinsurance year, amendment by sections 101(e), (f), 105(a), 106, 107, 123, 124(a), 144, 145, and 161 of Pub. L. 106-224 effective , and amendment by effective , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–185section 537 of Pub. L. 105–185section 1506 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–3547 U.S.C. 1501section 120 of Pub. L. 103–354section 1502 of this titleAmendment by effective , and applicable to provision of crop insurance under Federal Crop Insurance Act ( et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before , to continue to apply with respect to 1994 crop year, see , set out as a note under .
Effective Date of 1993 Amendment
Pub. L. 103–66section 1403(c) of Pub. L. 103–66section 1506 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–365, title I, § 10594 Stat. 1314, , , provided that the amendment made by section 105 is effective with respect to the 1981 and subsequent crops.
Pub. L. 96–365, title I, § 10694 Stat. 1315, , , provided that the amendment made by section 106 is effective with respect to the 1981 and subsequent crops.
section 107(b) of Pub. L. 96–365section 112 of Pub. L. 96–365section 1504 of this titleAmendment by effective , see , set out as a note under .
Crop Insurance Coverage for Hemp
Pub. L. 116–20, title I, § 107133 Stat. 875
Consideration of Losses in Fiscal Year 2014 and Subsequent Fiscal Years
Pub. L. 113–235, div. A, title VII, § 733128 Stat. 2168
Expansion of Crop Insurance Pilots
Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 205(b)]113 Stat. 1536
Limitation on Fee for Catastrophic Risk Protection
Pub. L. 105–277, div. A, § 101(a) [title VII, § 748]112 Stat. 2681Pub. L. 106–224, title I, § 103(b)(2)114 Stat. 364Pub. L. 110–234, title XII, § 12006(b)122 Stat. 1374Pub. L. 110–246, § 4(a)122 Stat. 1664, , , 2681–32, as amended by , , , which directed that, for the 1999 reinsurance and subsequent reinsurance years, no producer was to pay more than $100 per crop per county as an administrative fee for catastrophic risk protection under former subsec. (b)(5)(A) of this section, was repealed by , , , and , title XII, § 12006(b), , , 2136.
Pub. L. 110–234Pub. L. 110–246Pub. L. 105–277, div. A, § 101(a) [title VII, § 748]Pub. L. 110–234section 4(a) of Pub. L. 110–246[ and repealed , formerly set out above. was repealed by .]
Special Rule for 1996 Crop Year Regarding Catastrophic Risk Protection Insurance
Pub. L. 104–127, title I, § 193(a)(3)110 Stat. 944
Effective period .—
Availability .—
Attachment .—
Cancellation .—
Crop Insurance Pilot Program
Pub. L. 104–127, title I, § 193(b)110 Stat. 944
Coverage .—
Actuarial soundness .—
Duration .—
Prevented Planting
Pub. L. 103–354, title I, § 116108 Stat. 3204
In General .—
Eligible Producers .—
Oilseed Prevented Planting Payments.—
In general .—
Source of payment .—
Payment .—
Report on Improving Dissemination of Crop Insurance Information
Pub. L. 103–354, title I, § 117108 Stat. 3205
Federal Crop Insurance Commission
Pub. L. 100–546102 Stat. 2730, , , provided for establishment, membership, compensation, etc., of Commission for the Improvement of the Federal Crop Insurance Program, directed Commission to study and determine why participation in program had not reached levels anticipated when Federal Crop Insurance Act of 1980 was enacted, to identify States and commodities to which lack of participation in program is most serious, and to prepare findings and recommendations setting forth means by which participation in program could be increased and natural protection for producers of agricultural commodities could be improved, required Commission to submit an interim report to Congressional committees and Secretary of Agriculture, not later than , containing findings and recommendations for immediate administrative improvement in program, aimed at improving program in 1990 sales year, and a final report, not later than , to include Commission’s findings and recommendation and a status report on improvement of program, authorized Commission to continue to monitor program and to submit monthly reports beginning , and ending , and terminated Commission on .
Loss Adjustment Obligations
Pub. L. 100–203, title I, § 1507101 Stat. 1330–29
Notice to Producers of Right To Elect Subsidized Crop Insurance or Disaster Payments on 1981 Crops
Pub. L. 96–365, title II, § 20294 Stat. 1321
Study of Alternative All-Risk, All-Crop Insurance Programs
Pub. L. 95–181, § 291 Stat. 1373
Validity and Termination of Prior Insurance Contracts
Act Aug. 1, 1947, ch. 440, § 561 Stat. 719
Executive Documents
Transfer of Functions
60 Stat. 1100section 1503 of this titleAdministration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. , 11 F.R. 7877, . See note set out under .
section 1503 of this titleWartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note set out under .