1 So in original. The comma probably should not appear.
of the recorded county yield indemnified at not greater than 100 percent of the expected market price, the amount shall be equal to the sum of—
2 See References in Text note below.
of this title).
Editorial Notes
References in Text

The Department of Agriculture Reorganization Act of 1994, referred to in subsec. (a)(3)(B)(ii)(I), is title II of Puspan. L. 103–354, Oct. 13, 1994, 108 Stat. 3209. 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.

The 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 (o)(1)(B), mean the date of enactment of Puspan. L. 110–246, which was approved June 18, 2008.

For the effective date of this paragraph, referred to in subsecs. (span)(9)(B) and (g)(3)(C), as being Oct. 13, 1994, see Effective Date of 1994 Amendment note below.

The Organic Foods Production Act of 1990, referred to in subsec. (c)(6)(D)(i), is title XXI of Puspan. L. 101–624, Nov. 28, 1990, 104 Stat. 3935, 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 section 6501 of this title and Tables.

Section 7759 of this title, referred to in subsec. (g)(5)(A)(i), was amended by Puspan. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454, and, as amended, no longer contains provisions defining the term “plant pest”. See section 7702 of this title.

Section 118 of the Federal Crop Insurance Reform Act of 1994, referred to in subsec. (k)(5), is section 118 of Puspan. L. 103–354, which is set out as a note under section 1506 of this title.

This 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 Fespan. 16, 1938, ch. 30.

The United States Warehouse Act, referred to in subsec. (m)(4)(A), is part C of act Aug. 11, 1916, ch. 313, 39 Stat. 486, 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 section 241 of this title and Tables.

The Consolidated Farm and Rural Development Act, referred to in subsec. (n)(2), is title III of Puspan. L. 87–128, Aug. 8, 1961, 75 Stat. 307. 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 section 1921 of this title and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2018—Subsec. (a)(2). Puspan. L. 115–334, § 11106, substituted “sweet potatoes, and hemp” for “and sweet potatoes”.

Subsec. (a)(3)(B). Puspan. L. 115–334, § 11107(1), inserted “determination review” after “practices” in span.

Subsec. (a)(6). Puspan. L. 115–334, § 11105(span)(1), inserted “(including value-added crops)” after “crops” in span.

Subsec. (a)(6)(A). Puspan. L. 115–334, § 11105(span)(2), added subpar. (A) and struck out former subsec. (A). Prior to amendment, text read as follows: “Not later than 180 days after October 13, 1994, 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.”

Subsec. (a)(6)(B). Puspan. L. 115–334, § 11105(span)(3), substituted “Report” for “Addition of new crops” in span.

Subsec. (a)(6)(C), (D). Puspan. L. 115–334, § 11105(span)(4), struck out subpars. (C) and (D) which read as follows:

“(C) Addition of direct sale perishable crops.—Not later than 1 year after October 13, 1994, 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.

“(D) Addition of nursery crops.—Not later than 2 years after April 4, 1996, the Corporation shall conduct a study and limited pilot program on the feasibility of insuring nursery crops.”

Subsec. (a)(7). Puspan. L. 115–334, § 11108(1), inserted “and underserved producers” after “States” in span.

Subsec. (a)(7)(A). Puspan. L. 115–334, § 11108(2)(A), (C), substituted “Definitions” for “Definition of adequately served” in subpar. span, inserted introductory provisions, designated existing provisions as cl. (i), inserted cl. span, substituted “The term” for “In this paragraph, the term”, and added cl. (ii).

Subsec. (a)(7)(A)(i). Puspan. L. 115–334, § 11108(2)(B), 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.

Subsec. (a)(7)(B). Puspan. L. 115–334, § 11108(3), 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”.

Subsec. (a)(7)(C). Puspan. L. 115–334, § 11108(4), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows:

“(i) In general.—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.

“(ii) Recommendations.—The report shall include recommendations to increase participation in States that are not adequately served by the policies and plans of insurance.”

Subsec. (a)(11). Puspan. L. 115–334, § 11107(2), added par. (11).

Subsec. (span)(1). Puspan. L. 115–334, § 11109(a), struck out subpar. (A) designation and span, 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.”

Subsec. (span)(5)(A). Puspan. L. 115–334, § 11110, substituted “$655” for “$300”.

Subsec. (span)(5)(E). Puspan. L. 115–334, § 12306(span)(2)(A), designated existing provisions as cl. (i), inserted span, inserted “, and veteran farmers or ranchers” before period at end, and added cl. (ii).

Subsec. (e)(5)(E). Puspan. L. 115–334, § 11111, added subpar. (E).

Subsec. (e)(8). Puspan. L. 115–334, § 12306(span)(2)(B), inserted “and veteran” after “beginning” in span and “or veteran farmer or rancher” after “beginning farmer or rancher” in two places in text.

Subsec. (g)(2)(B)(iii). Puspan. L. 115–334, § 12306(span)(2)(C)(i), inserted “or veteran farmer or rancher” after “beginning farmer or rancher” in two places in introductory provisions.

Subsec. (g)(4)(B)(ii)(II). Puspan. L. 115–334, § 12306(span)(2)(C)(ii), inserted “and veteran farmers or ranchers” after “beginning farmers or ranchers”.

Subsec. (g)(6). Puspan. L. 115–334, § 11112, added par. (6).

Subsec. (h)(1)(B). Puspan. L. 115–334, § 11113(1), designated existing provisions as cl. (i), inserted span, 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).

Subsec. (h)(3)(C)(iv). Puspan. L. 115–334, § 11113(2), added cl. (iv).

Subsec. (o)(2)(A). Puspan. L. 115–334, § 11114, designated existing provisions as cl. (i), inserted span, substituted “beginning on February 8, 2014, and ending on December 20, 2018,” for “after February 7, 2014,”, and added cl. (ii).

2015—Subsec. (k)(8). Puspan. L. 114–94, § 32205, repealed Puspan. L. 114–74, § 201, effective Nov. 2, 2015, 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.

Subsec. (k)(8)(A). Puspan. L. 114–74, § 201(1), which directed substitution of “shall renegotiate the financial terms and conditions of each Standard Reinsurance Agreement—

“(i) not later than December 31, 2016; 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 July 1, 2010; and

“(ii) once during each period of 5 reinsurance years thereafter.”,

was repealed by Puspan. L. 114–94, § 32205. See above.

Subsec. (k)(8)(E). Puspan. L. 114–74, § 201(2), which directed striking subpar. (E) and adding a new subpar. (E) to read “Cap on overall rate of return.—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 Puspan. L. 114–94, § 32205. See above.

2014—Subsec. (a)(9)(C). Puspan. L. 113–79, § 11002, added subpar. (C).

Subsec. (span)(1). Puspan. L. 113–79, § 12305(span), 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.”

Subsec. (span)(5)(E). Puspan. L. 113–79, § 11016(span)(1), inserted “and beginning farmers or ranchers” after “limited resource farmers”.

Subsec. (span)(7) to (11). Puspan. L. 113–79, § 11028(a)(1), redesignated pars. (8) to (11) as (7) to (10), respectively, and struck out former par. (7) which related to eligibility for Department programs.

Subsec. (c)(3). Puspan. L. 113–79, § 11003(a), 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.”

Subsec. (c)(3)(C). Puspan. L. 113–79, § 11004, added subpar. (C).

Subsec. (c)(4). Puspan. L. 113–79, § 11003(span), 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).”

Subsec. (c)(6)(D). Puspan. L. 113–79, § 11023(a), added subpar. (D).

Subsec. (d)(2)(A). Puspan. L. 113–79, § 11005, 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.”

Subsec. (e)(2). Puspan. L. 113–79, § 11028(a)(2), substituted “paragraphs (3), (6), and (7)” for “paragraph (3)” in introductory provisions.

Subsec. (e)(2)(H). Puspan. L. 113–79, § 11003(c), added subpar. (H).

Subsec. (e)(5)(A). Puspan. L. 113–79, § 11006, 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).”

Subsec. (e)(5)(D). Puspan. L. 113–79, § 11007, added subpar. (D).

Subsec. (e)(8). Puspan. L. 113–79, § 11016(span)(2), added par. (8).

Subsec. (g)(2)(A). Puspan. L. 113–79, § 11009(1), inserted “and paragraph (4)(C)” after “subparagraph (B)”.

Subsec. (g)(2)(B)(iii). Puspan. L. 113–79, § 11016(span)(3)(A), added cl. (iii).

Subsec. (g)(2)(E). Puspan. L. 113–79, § 11008, added subpar. (E).

Subsec. (g)(4)(B)(ii). Puspan. L. 113–79, § 11016(span)(3)(B), designated existing provisions as subcl. (I) and added subcl. (II).

Subsec. (g)(4)(C), (D). Puspan. L. 113–79, § 11009(2), added subpar. (C), redesignated former subpar. (C) as (D), and in subpar. (D) inserted “or (C)” after “subparagraph (B)”.

Subsec. (h)(1). Puspan. L. 113–79, § 11010(a)(1), designated existing provisions as subpar. (A) and inserted span, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).

Subsec. (h)(3). Puspan. L. 113–79, § 11010(a)(2), 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.”

Subsec. (h)(4)(E). Puspan. L. 113–79, § 11011, added subpar. (E).

Subsec. (k)(4)(F). Puspan. L. 113–79, § 11017(span), inserted “or authorized under subsection (c)(4)(C) or section 1508span of this title” after “of this subparagraph”.

Subsec. (k)(8)(C). Puspan. L. 113–79, § 11028(a)(3), substituted “subparagraph (A)(ii)” for “subparagraph (A)(iii)”.

Subsec. (k)(8)(F). Puspan. L. 113–79, § 11012, added subpar. (F).

Subsec. (m)(6). Puspan. L. 113–79, § 11013, added par. (6).

Subsec. (o)(1)(B). Puspan. L. 113–79, § 11014(a)(1), inserted “, or the producer cannot substantiate that the ground has ever been tilled,” after “never been tilled”.

Subsec. (o)(2). Puspan. L. 113–79, § 11014(a)(2)(A), substituted “Reduction in” for “Ineligibility for” in span.

Subsec. (o)(2)(A). Puspan. L. 113–79, § 11014(a)(2)(B), 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

“(ii) section 7333 of this title.”

Subsec. (o)(2)(C). Puspan. L. 113–79, § 11014(a)(2)(C), added subpar. (C).

Subsec. (o)(3). Puspan. L. 113–79, § 11014(a)(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.”

Subsec. (p). Puspan. L. 113–79, § 11015, added subsec. (p).

2008—Subsec. (a). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.

Subsec. (a)(9), (10). Puspan. L. 110–246, §§ 12004, 12005, added pars. (9) and (10).

Subsec. (span)(5)(A). Puspan. L. 110–246, § 12006(a)(1), 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.”

Subsec. (span)(5)(B). Puspan. L. 110–246, § 12006(a)(2)(A), substituted “Payment of catastrophic risk protection fee on behalf of producers” for “Payment on behalf of producers” in span.

Subsec. (span)(5)(B)(i). Puspan. L. 110–246, § 12006(a)(2)(B), 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”.

Subsec. (span)(5)(B)(ii). Puspan. L. 110–246, § 12006(a)(2)(C), (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.”

Subsec. (span)(5)(B)(iii) to (v). Puspan. L. 110–246, § 12006(a)(2)(D)–(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).

Subsec. (span)(5)(B)(vi). Puspan. L. 110–246, § 12006(a)(2)(C), struck out cl. (vi). Prior to amendment, text read as follows: “Not later than April 1, 2002, 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.”

Subsec. (span)(5)(C). Puspan. L. 110–246, § 12007(1), substituted “the same date on which the premium” for “the date that premium”.

Subsec. (span)(9), (10). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.

Subsec. (span)(11). Puspan. L. 110–246, § 12008, substituted “6 percent” for “8 percent”.

Subsec. (c)(5)(A). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in two places.

Subsec. (c)(5)(D). Puspan. L. 110–246, § 12009, added subpar. (D).

Subsec. (c)(10)(C). Puspan. L. 110–246, § 12007(2), added subpar. (C).

Subsec. (d)(1). Puspan. L. 110–246, § 12003(span), substituted “not greater than—” for “not greater than 1.1 through September 30, 1998, and not greater than 1.075 after October 1, 1998.” and added subpars. (A) to (C).

Subsec. (d)(4). Puspan. L. 110–246, § 12007(3), added par. (4).

Subsec. (e)(2). Puspan. L. 110–246, § 12012(1), which directed amendment of par. (2) by substituting “paragraphs (4), (6), and (7)” for “paragraph (4)” in introductory provisions, was not executed. See below.

Puspan. L. 110–246, § 12010(1), substituted “paragraph (3)” for “paragraph (4)” in introductory provisions.

Subsec. (e)(3). Puspan. L. 110–246, § 12010(2), (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.”

Subsec. (e)(4). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.

Puspan. L. 110–246, § 12010(3), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (e)(5). Puspan. L. 110–246, § 12011, added par. (5).

Puspan. L. 110–246, § 12010(3), redesignated par. (5) as (4).

Subsec. (e)(6), (7). Puspan. L. 110–246, § 12012(2), added pars. (6) and (7).

Subsecs. (f), (h), (i). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.

Subsec. (j)(2)(A). Puspan. L. 110–246, § 12013, inserted “on behalf of the Corporation” after “approved provider”.

Subsec. (j)(5). Puspan. L. 110–246, § 12014(a), added par. (5).

Subsec. (k)(1). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.

Subsec. (k)(4)(A). Puspan. L. 110–246, § 12016(1), substituted “Except as otherwise provided in this paragraph” for “Except as provided in subparagraph (B)” in introductory provisions.

Subsec. (k)(4)(D). Puspan. L. 110–246, § 12015, added subpar. (D).

Subsec. (k)(4)(E), (F). Puspan. L. 110–246, § 12016(2), added subpars. (E) and (F).

Subsec. (k)(8). Puspan. L. 110–246, § 12017, added par. (8).

Subsec. (k)(9). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in introductory provisions.

Puspan. L. 110–246, § 12018, added par. (9).

Subsec. (m). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.

Subsec. (m)(5). Puspan. L. 110–246, § 12019, added par. (5).

Subsec. (n)(1). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.

Subsec. (o). Puspan. L. 110–246, § 12020(a), added subsec. (o).

Subsec. (o)(2)(A)(i). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.

2005—Subsec. (a)(4)(B). Puspan. L. 109–97 inserted “or similar commodities” after “the commodity”.

2002—Subsec. (a)(2). Puspan. L. 107–171, § 10001, substituted “, potatoes, and sweet potatoes” for “and potatoes”.

Subsec. (e)(4). Puspan. L. 107–171, § 10002, substituted “Prohibition” for “Temporary prohibition” in span and “and subsequent reinsurance years” for “through 2005 reinsurance years” in text.

Subsec. (m)(3). Puspan. L. 107–171, § 10003(1), designated first sentence of par. (3) as subpar. (A) and inserted span and designated second sentence of par. (3) as subpar. (B), inserted span, and substituted “Effective beginning not later than the 2004 reinsurance year, based on” for “Based on” in text.

Subsec. (m)(4). Puspan. L. 107–171, § 10003(2), added par. (4).

2000—Subsec. (a)(3). Puspan. L. 106–224, § 123, added par. (3) and struck out span 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).”

Subsec. (a)(3)(C). Puspan. L. 106–224, § 161, added subpar. (C).

Subsec. (a)(5). Puspan. L. 106–224, § 144, designated existing provisions as subpar. (A) and inserted span, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and realigned their margins, and added subpar. (B).

Subsec. (a)(7). Puspan. L. 106–224, § 145, added par. (7).

Subsec. (a)(8). Puspan. L. 106–224, § 162, added par. (8).

Subsec. (span)(3). Puspan. L. 106–224, § 103(a), added par. (3) and struck out span 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.”

Subsec. (span)(5)(A). Puspan. L. 106–224, § 103(span)(1)(A), substituted “$100” for “$50”.

Subsec. (span)(5)(B). Puspan. L. 106–224, § 103(span)(1)(B), (c), added subpar. (B) and struck out span 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).”

Subsec. (span)(5)(C). Puspan. L. 106–224, § 103(span)(1)(C), substituted “administrative fee required by this paragraph” for “amounts required under subparagraphs (A) and (B)”.

Subsec. (span)(11). Puspan. L. 106–224, § 103(d), substituted “8 percent” for “11 percent”.

Subsec. (c)(5). Puspan. L. 106–224, § 101(a), added par. (5) and struck out span 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).”

Subsec. (c)(10). Puspan. L. 106–224, § 104, 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.

Subsec. (d)(2)(B), (C). Puspan. L. 106–224, § 101(span)(1), 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.

Subsec. (d)(3). Puspan. L. 106–224, § 101(span)(2), added par. (3).

Subsec. (e)(2). Puspan. L. 106–224, § 101(c)(1), substituted “Subject to paragraph (4), the amount” for “The amount” in introductory provisions.

Subsec. (e)(2)(B) to (G). Puspan. L. 106–224, § 101(c)(2), 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.

Subsec. (e)(4). Puspan. L. 106–224, § 101(d), 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.

Subsec. (e)(5). Puspan. L. 106–224, § 101(e), added par. (5).

Subsec. (f)(3)(A). Puspan. L. 106–224, § 124(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”.

Subsec. (g)(2)(B). Puspan. L. 106–224, § 105(a), designated existing provisions of subpar. (B) as cl. (i) and added cl. (ii).

Subsec. (g)(2)(D). Puspan. L. 106–224, § 101(f), struck out “(as provided in subsection (e)(4) of this section)” after “combined coverage”.

Subsec. (g)(4), (5). Puspan. L. 106–224, § 105(span), added pars. (4) and (5).

Subsec. (h)(1). Puspan. L. 106–224, § 146(a), 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.

Subsec. (h)(2). Puspan. L. 106–224, § 102(a)(1), 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.”

Subsec. (h)(3). Puspan. L. 106–224, § 146(span), inserted “by approved insurance providers” after “for sale” in first sentence.

Subsec. (h)(4)(A). Puspan. L. 106–224, § 146(c)(1), 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 section 552(span)(4) of title 5 until approved by the Board. A proposal disapproved by the Board shall remain confidential commercial or financial information.”

Subsec. (h)(4)(B). Puspan. L. 106–224, § 146(c)(2), inserted subpar. span.

Subsec. (h)(4)(C), (D). Puspan. L. 106–224, § 146(c)(3), 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.

Subsec. (h)(5). Puspan. L. 106–224, § 102(a)(2), added par. (5) and struck out span 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.”

Subsec. (h)(6) to (10). Puspan. L. 106–224, § 146(d), 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.

Subsec. (i). Puspan. L. 106–224, § 106, designated existing provisions as par. (1), inserted span, and added pars. (2) to (4).

Subsec. (k)(4)(C). Puspan. L. 106–224, § 102(span), added subpar. (C).

Subsec. (m). Puspan. L. 106–224, § 107, 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.

1999—Subsec. (f)(2). Puspan. L. 106–113, § 1000(a)(5) [title II, § 206], designated existing provisions as subpar. (A), inserted span, 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).

Subsec. (h)(9)(A). Puspan. L. 106–113, § 1000(a)(5) [title II, § 205(a)], substituted “1997 through 2001” for “1997, 1998, 1999, and 2000”.

1998—Subsec. (span)(5). Puspan. L. 105–185, § 532(a), added par. (5) and struck out span 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.

Subsec. (span)(11). Puspan. L. 105–185, § 532(d), added par. (11).

Subsec. (c)(10)(A). Puspan. L. 105–185, § 532(span)(1), added subpar. (A) and struck out span 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 (span)(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.”

Subsec. (c)(10)(C). Puspan. L. 105–185, § 532(span)(2), substituted “$20” for “$10” in first sentence.

Subsec. (h)(10). Puspan. L. 105–185, § 534, added par. (10).

Subsec. (k)(4). Puspan. L. 105–185, § 532(c), added par. (4) and struck out span 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.”

Subsec. (n). Puspan. L. 105–277 designated existing provisions as par. (1), inserted span, substituted “Except as provided in paragraph (2), if a producer” for “If a producer”, and added par. (2).

1996—Subsec. (a)(6)(D). Puspan. L. 104–127, § 193(c), added subpar. (D).

Subsec. (span)(4)(C). Puspan. L. 104–127, § 193(a)(1), added subpar. (C).

Subsec. (span)(7)(A). Puspan. L. 104–127, § 193(a)(2), added subpar. (A) and struck out span 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 section 2008f of this title, 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.”

Subsec. (h)(9). Puspan. L. 104–127, § 195, added par. (9).

Subsec. (j)(4). Puspan. L. 104–127, § 193(d), added par. (4).

Subsec. (n). Puspan. L. 104–127, § 193(f), added subsec. (n).

1994—Puspan. L. 103–354 amended section generally, substituting present provisions for former provisions which related to: in subsec. (a), authority to offer insurance; in subsec. (span), 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. (l), crop insurance for dry edible beans; in subsec. (m), information collection on crop insurance; and in subsec. (n), area yield plan.

1993—Subsec. (h). Puspan. L. 103–66, § 1403(span)(1), 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.”

Subsec. (n). Puspan. L. 103–66, § 1403(span)(2), added subsec. (n).

1991—Subsec. (a). Puspan. L. 102–237, § 601(4), struck out par. (1) designation.

Subsecs. (k) to (n). Puspan. L. 102–237, § 601(5), redesignated subsecs. (l) to (n) as (k) to (m), respectively.

1990—Puspan. L. 101–624, § 2204(span)(1), inserted section catchline and struck out “To carry out the purposes of this chapter the Corporation is authorized and empowered—” before subsec. (a).

Subsec. (a). Puspan. L. 101–624, § 2205(1), inserted span, 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.

Subsecs. (span) to (d). Puspan. L. 101–624, § 2204(a)(1), (2), added subsecs. (span) to (d) and redesignated subsecs. (span) to (d) as (e) to (g), respectively.

Subsec. (e). Puspan. L. 101–624, § 2204(a)(1), (span)(2), redesignated subsec. (span) as (e), inserted span, and substituted “The Corporation may fix” for “To fix” in par. (1). Former subsec. (e) redesignated (h).

Subsec. (f). Puspan. L. 101–624, § 2204(a)(1), redesignated subsec. (c) as (f). Former subsec. (f) redesignated (i).

Puspan. L. 101–624, § 2203(a), inserted span, 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.”

Subsec. (g). Puspan. L. 101–624, § 2204(a)(1), (span)(3), redesignated subsec. (d) as (g), inserted span, and substituted “the Corporation may include” for “to include”. Former subsec. (g) redesignated (j).

Subsec. (h). Puspan. L. 101–624, § 2204(a)(1), redesignated subsec. (e) as (h). Former subsec. (h) redesignated (k).

Puspan. L. 101–624, § 2203(span), inserted span, 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.

Subsec. (i). Puspan. L. 101–624, § 2204(a)(1), (span)(4), redesignated subsec. (f) as (i), inserted span, and substituted “The Corporation may provide” for “To provide”. Former subsec. (i) redesignated (l).

Subsec. (j). Puspan. L. 101–624, § 2204(a)(1), (span)(5), redesignated subsec. (g) as (j), inserted span, and substituted “The Corporation may offer” for “To offer”. Former subsec. (j) redesignated (m).

Subsec. (k). Puspan. L. 101–624, § 2205(2), struck out subsec. (k) which set out a special rule for calculating premiums and indemnities, with respect to insuring timber and forest yields.

Puspan. L. 101–624, § 2204(a)(1), (span)(6), redesignated subsec. (h) as (k), inserted span, and substituted “The Corporation may include” for “To include”.

Subsec. (l). Puspan. L. 101–624, § 2204(a)(1), (span)(7), redesignated subsec. (i) as (l), inserted span, 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.”

Subsec. (m). Puspan. L. 101–624, § 2204(span)(8), 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.”

Puspan. L. 101–624, § 2204(a)(1), redesignated subsec. (j) as (m).

Subsec. (n). Puspan. L. 101–624, § 2204(a)(3), added subsec. (n).

1988—Subsec. (j). Puspan. L. 100–387 added subsec. (j).

1980—Subsec. (a). Puspan. L. 96–365, § 105, 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.

Subsec. (span). Puspan. L. 96–365, § 106(1), 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).

Subsec. (c). Puspan. L. 96–365, § 106(2), 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.

Subsec. (d). Puspan. L. 96–365, § 106(3), 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.

Subsec. (e). Puspan. L. 96–365, § 106(4), added subsec. (e). Former subsec. (e) redesignated (d).

Subsec. (f). Puspan. L. 96–365, § 106(4), 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.

Subsecs. (g), (h). Puspan. L. 96–365, § 106(4), added subsecs. (g) and (h).

Subsec. (i). Puspan. L. 96–365, § 107(span), added subsec. (i).

1964—Subsec. (a). Puspan. L. 88–589 increased from 100 to 150 the number of counties into which the Federal crop insurance program may be extended.

1959—Subsec. (a). Puspan. L. 86–131 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.

1957—Subsec. (f). Puspan. L. 85–111 added subsec. (f).

1953—Subsec. (a). Act Aug. 13, 1953, 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 Aug. 25, 1949, § 1, provided for an annual increase in number of counties in which insurance now offered by Corporation can be issued.

Subsec. (span). Act Aug. 25, 1949, § 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 Aug. 25, 1949, § 3, struck out provision which required prorating of losses beginning with crop year 1950.

1947—Subsec. (a). Act Aug. 1, 1947, § 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. (span). Act Aug. 1, 1947, § 2, inserted proviso relating to basis for premiums.

Subsec. (c). Act Aug. 1, 1947, § 3, inserted first proviso relating to determination of price basis for indemnities.

1944—Subsec. (a). Act Dec. 23, 1944, § 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. (span). Act Dec. 23, 1944, § 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 Dec. 23, 1944, § 3, inserted first proviso, and inserted “and received” after “mailed to” in last proviso.

1941—Subsec. (a). Act June 21, 1941, §§ 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. (span), (c). Act June 21, 1941, § 6, substituted “the agricultural commodity” for “wheat” wherever appearing.

Subsec. (d). Act June 21, 1941, §§ 6, 10, substituted “the agricultural commodity” for “wheat” wherever appearing, and inserted second sentence.

Subsec. (e). Act June 21, 1941, § 7, added subsec. (e).

1938—Subsec. (a). Act June 22, 1938, inserted second proviso in first sentence.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Puspan. L. 114–94, div. C, title XXXII, § 32205, Dec. 4, 2015, 129 Stat. 1740, provided that: “Effective as of November 2, 2015, the date of the enactment of the Bipartisan Budget Act of 2015 (Public Law 114–74), section 201 of such Act [amending this section] and the amendments made by such section are repealed, and the provisions of law amended by such section are hereby restored to appear as if such section had not been enacted into law.”

Effective Date of 2014 Amendment

Puspan. L. 113–79, title XI, § 11003(d), Fespan. 7, 2014, 128 Stat. 956, provided that: “The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, as described in the amendments made by this section [amending this section], not later than for the 2015 crop year.”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date of 2000 Amendment

Amendment by sections 101(a)–(c), 102(a), 103(a), (span)(1), (c), 104, 105(span), and 162 of Puspan. L. 106–224 applicable beginning with the 2001 crop of an agricultural commodity, amendment by sections 101(d), 102(span), and 103(d) of Puspan. L. 106–224 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 Puspan. L. 106-224 effective June 20, 2000, and amendment by section 146 of Puspan. L. 106–224 effective Oct. 1, 2000, see section 171 of Puspan. L. 106–224, set out as a note under section 1501 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–185 effective July 1, 1998, see section 537 of Puspan. L. 105–185, set out as a note under section 1506 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–354 effective Oct. 13, 1994, and applicable to provision of crop insurance under Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before Oct. 13, 1994, to continue to apply with respect to 1994 crop year, see section 120 of Puspan. L. 103–354, set out as a note under section 1502 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–66 effective Oct. 1, 1993, see section 1403(c) of Puspan. L. 103–66, set out as a note under section 1506 of this title.

Effective Date of 1980 Amendment

Puspan. L. 96–365, title I, § 105, Sept. 26, 1980, 94 Stat. 1314, provided that the amendment made by section 105 is effective with respect to the 1981 and subsequent crops.

Puspan. L. 96–365, title I, § 106, Sept. 26, 1980, 94 Stat. 1315, provided that the amendment made by section 106 is effective with respect to the 1981 and subsequent crops.

Amendment by section 107(span) of Puspan. L. 96–365 effective Sept. 26, 1980, see section 112 of Puspan. L. 96–365, set out as a note under section 1504 of this title.

Crop Insurance Coverage for Hemp

Puspan. L. 116–20, title I, § 107, June 6, 2019, 133 Stat. 875, provided that: “Beginning not later than the 2020 reinsurance year, the Federal Crop Insurance Corporation shall offer coverage under the wholefarm revenue protection insurance policy (or a successor policy or plan of insurance) for hemp (as defined in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o)): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(span)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(span)(2)(A)(i)].”

Consideration of Losses in Fiscal Year 2014 and Subsequent Fiscal Years

Puspan. L. 113–235, div. A, title VII, § 733, Dec. 16, 2014, 128 Stat. 2168, provided that: “For the 2014 fiscal year and each fiscal year thereafter, losses under section 1501 of Public Law 113–79 [enacting section 9081 of this title] shall not be considered the same loss for the purposes of 7 U.S.C. 7333(i)(3) and 7 U.S.C. 1508(n).”

Expansion of Crop Insurance Pilots

Puspan. L. 106–113, div. B, § 1000(a)(5) [title II, § 205(span)], Nov. 29, 1999, 113 Stat. 1536, 1501A–294, provided that: “In the case of any pilot program offered under the Federal Crop Insurance Act [7 U.S.C. 1501 et seq.] that was approved by the Board of Directors of the Federal Crop Insurance Corporation on or before September 30, 1999, the pilot program may be offered on a regional, whole State, or national basis for the 2000 and 2001 crop years notwithstanding section 553 of title 5, United States Code.”

Limitation on Fee for Catastrophic Risk Protection

Puspan. L. 105–277, div. A, § 101(a) [title VII, § 748], Oct. 21, 1998, 112 Stat. 2681, 2681–32, as amended by Puspan. L. 106–224, title I, § 103(span)(2), June 20, 2000, 114 Stat. 364, 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. (span)(5)(A) of this section, was repealed by Puspan. L. 110–234, title XII, § 12006(span), May 22, 2008, 122 Stat. 1374, and Puspan. L. 110–246, § 4(a), title XII, § 12006(span), June 18, 2008, 122 Stat. 1664, 2136.

[Puspan. L. 110–234 and Puspan. L. 110–246 repealed Puspan. L. 105–277, div. A, § 101(a) [title VII, § 748], formerly set out above. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246.]

Special Rule for 1996 Crop Year Regarding Catastrophic Risk Protection Insurance

Puspan. L. 104–127, title I, § 193(a)(3), Apr. 4, 1996, 110 Stat. 944, provided that:

“(A)Effective period.—This paragraph shall apply only to the 1996 crop year.
“(B)Availability.—During a period of not less than 2 weeks, but not more than 4 weeks, beginning on the date of enactment of this title [Apr. 4, 1996], the Secretary shall provide producers with an opportunity to obtain catastrophic risk protection insurance under section 508(span) of the Federal Crop Insurance Act (7 U.S.C. 1508(span)) for a spring-planted crop, and limited additional coverage for malting barley under the Malting Barley Price and Quality Endorsement. The Federal Crop Insurance Corporation may attach such limitations and restrictions on obtaining insurance during this period as the Corporation considers necessary to maintain the actuarial soundness of the crop insurance program.
“(C)Attachment.—Insurance coverage under any policy obtained under this paragraph during the extended sales period shall not attach until 10 days after the application.
“(D)Cancellation.—During the extended period, a producer may cancel a catastrophic risk protection policy if—
“(i) the policy is a continuation of a policy that was obtained for a previous crop year; and
“(ii) the cancellation request is made before the acreage reporting date for the policy for the 1996 crop year.”

Crop Insurance Pilot Program

Puspan. L. 104–127, title I, § 193(span), Apr. 4, 1996, 110 Stat. 944, provided that:

“(1)Coverage.—The Secretary of Agriculture shall develop and administer a pilot project for crop insurance coverage that indemnifies crop losses due to a natural disaster such as insect infestation or disease.
“(2)Actuarial soundness.—A pilot project under this paragraph shall be actuarially sound, as determined by the Secretary and administered at no net cost.
“(3)Duration.—A pilot project under this paragraph shall be of two years’ duration.”

Prevented Planting

Puspan. L. 103–354, title I, § 116, Oct. 13, 1994, 108 Stat. 3204, provided that:

“(a)In General.—Effective for the 1994 crop year, a producer described in subsection (span) shall receive compensation under the prevented planting coverage policy provision described in subsection (span)(1) by—
“(1) obtaining from the Secretary of Agriculture the applicable amount that is payable under the conserving use program described in subsection (span)(4); and
“(2) obtaining from the Federal Crop Insurance Corporation the amount that is equal to the difference between—
“(A) the amount that is payable under the conserving use program; and
“(B) the amount that is payable under the prevented planting coverage policy.
“(span)Eligible Producers.—Subsection (a) shall apply to a producer who—
“(1) purchased a prevented planting policy for the 1994 crop year from the Federal Crop Insurance Corporation prior to the spring sales closing date for the 1994 crop year;
“(2) is unable to plant a crop due to major, widespread flooding in the Midwest, or excessive ground moisture, that occurred prior to the spring sales closing date for the 1994 crop year;
“(3) had a reasonable expectation of planting a crop on the prevented planting acreage for the 1994 crop year; and
“(4) participates in a conserving use program established for the 1994 crop of wheat, feed grains, upland cotton, or rice established under section 107B(c)(1)(E), 105B(c)(1)(E), 103B(c)(1)(D), or 101B(c)(1)(D), respectively, of the Agricultural Act of 1949 ([former] 7 U.S.C. 1445span–3a(c)(1)(E), 1444f(c)(1)(E), 1444–2(c)(1)(D), or 1441–2(c)(1)(D)).
“(c)Oilseed Prevented Planting Payments.—
“(1)In general.—Effective for the 1994 crop year, a producer of a crop of oilseeds (as defined in section 205(a) of the Agricultural Act of 1949 ([former] 7 U.S.C. 1446f(a))) shall receive a prevented planting payment for the crop if the requirements of paragraphs (1), (2), and (3) of subsection (span) are satisfied.
“(2)Source of payment.—The total amount of payments required under this subsection shall be made by the Federal Crop Insurance Corporation.
“(d)Payment.—A payment under this section may not be made before October 1, 1994.”

Report on Improving Dissemination of Crop Insurance Information

Puspan. L. 103–354, title I, § 117, Oct. 13, 1994, 108 Stat. 3205, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 13, 1994] and at the end of each of the 2 1-year periods thereafter, the Federal Crop Insurance Corporation shall submit a report to Congress containing a plan to implement a sound program for producer education regarding the crop insurance program and for the dissemination of crop insurance information to producers, as required by section 508(a)(5) of the Federal Crop Insurance Act [7 U.S.C. 1508(a)(5)] (as amended by section 106).”

Federal Crop Insurance Commission

Puspan. L. 100–546, Oct. 28, 1988, 102 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 Apr. 1, 1989, 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 July 1, 1989, 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 July 1, 1989, and ending Dec. 31, 1990, and terminated Commission on Dec. 31, 1990.

Loss Adjustment Obligations

Puspan. L. 100–203, title I, § 1507, Dec. 22, 1987, 101 Stat. 1330–29, provided that: “It is the sense of Congress that, in carrying out the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Federal Crop Insurance Corporation—

“(1) should not be required to assume 100 percent of all loss adjustments in the Federal crop insurance program; and
“(2) should assume and perform the loss adjustment obligations of a reinsured company if the Corporation determines that such company’s loss adjustment performance and practices are not carried out in accordance with the applicable reinsurance agreement.”

Notice to Producers of Right To Elect Subsidized Crop Insurance or Disaster Payments on 1981 Crops

Puspan. L. 96–365, title II, § 202, Sept. 26, 1980, 94 Stat. 1321, provided that: “The Secretary of Agriculture, after consultation with the Board of Directors of the Federal Crop Insurance Corporation, shall, at least sixty days prior to the beginning of the planting of the 1981 crops of wheat, feed grains, upland cotton, and rice, or thirty days after the date of enactment of this Act [Sept. 26, 1980], whichever is the later, notify producers of those commodities of their right to elect, with respect to the 1981 crop, between (1) declaring the farm acreage of the respective commodity eligible for disaster payments under the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], or (2) covering such farm acreage with crop insurance, part of the premium for which is paid by the Federal Crop Insurance Corporation under the provisions of section 508(span)(3) or 508(e) of the Federal Crop Insurance Act [subsec. (span)(3) or (e) of this section]. Such notice shall include a statement of the percent of crop insurance premium that will be paid by the Corporation.”

Study of Alternative All-Risk, All-Crop Insurance Programs

Puspan. L. 95–181, § 2, Nov. 15, 1977, 91 Stat. 1373, provided that: “The Secretary of Agriculture shall undertake an immediate study of alternative programs which could be established for an all-risk, all-crop insurance to help provide protection to those suffering crop losses in floods, droughts, and other natural disasters, including alternative methods of administration, Federal assistance, reinsurance, rate setting and private insurance industry involvement, as well as variations on the existing crop insurance program, and such other matters as he determines are relevant, and shall report his findings and recommendations to the President for transmission to the Congress by March 1, 1978. The Secretary shall consult with the Secretary of Housing and Urban Development on behalf of the Federal Insurance Administration; the Secretary of Treasury and representatives of the private insurance industry in the course of the study and shall identify the views of each in forwarding his findings and recommendations to the President. Such sums, not exceeding $200,000, as are appropriated for fiscal year 1978 under section 504 of the Federal Crop Insurance Act, as amended [section 1504 of this title], may be utilized to conduct such a study.”

Validity and Termination of Prior Insurance Contracts

Act Aug. 1, 1947, ch. 440, § 5, 61 Stat. 719, provided: “Nothing in this Act [amending sections 1502, 1505 (a to d), 1506(d), 1507(d), and 1508 (a to c) of this title] shall be construed to affect the validity of any insurance contract entered into prior to the enactment of this Act [Aug. 1, 1947] insofar as such contract covers the 1947 crop year. Any such contract which purports to cover a crop in the 1948 or any subsequent crop year in any county in which insurance on such crop will be discontinued pursuant to this Act is hereby terminated at the end of the 1947 crop year.”

Executive Documents
Transfer of Functions

Administration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100. See note set out under section 1503 of this title.

Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note set out under section 1503 of this title.