The Department of Agriculture Reorganization Act of 1994, referred to in subsec. (a)(3)(B)(ii)(I), is title II of Pub. L. 103–354,
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 Pub. L. 110–246, which was approved
For the effective date of this paragraph, referred to in subsecs. (b)(9)(B) and (g)(3)(C), as being
The Organic Foods Production Act of 1990, referred to in subsec. (c)(6)(D)(i), is title XXI of Pub. L. 101–624,
Section 7759 of this title, referred to in subsec. (g)(5)(A)(i), was amended by Pub. L. 106–224, title IV, § 438(a)(3),
Section 118 of the Federal Crop Insurance Reform Act of 1994, referred to in subsec. (k)(5), is section 118 of Pub. 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 Feb. 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 Pub. L. 87–128,
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2018—Subsec. (a)(2). Pub. L. 115–334, § 11106, substituted “sweet potatoes, and hemp” for “and sweet potatoes”.
Subsec. (a)(3)(B). Pub. L. 115–334, § 11107(1), inserted “determination review” after “practices” in heading.
Subsec. (a)(6). Pub. L. 115–334, § 11105(b)(1), inserted “(including value-added crops)” after “crops” in heading.
Subsec. (a)(6)(A). Pub. L. 115–334, § 11105(b)(2), added subpar. (A) and struck out former subsec. (A). Prior to amendment, text read as follows: “Not later than 180 days after
Subsec. (a)(6)(B). Pub. L. 115–334, § 11105(b)(3), substituted “Report” for “Addition of new crops” in heading.
Subsec. (a)(6)(C), (D). Pub. L. 115–334, § 11105(b)(4), struck out subpars. (C) and (D) which read as follows:
“(C)
“(D)
Subsec. (a)(7). Pub. L. 115–334, § 11108(1), inserted “and underserved producers” after “States” in heading.
Subsec. (a)(7)(A). Pub. L. 115–334, § 11108(2)(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).
Subsec. (a)(7)(A)(i). Pub. 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). Pub. 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). Pub. L. 115–334, § 11108(4), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows:
“(i)
“(ii)
Subsec. (a)(11). Pub. L. 115–334, § 11107(2), added par. (11).
Subsec. (b)(1). Pub. L. 115–334, § 11109(a), 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.”
Subsec. (b)(5)(A). Pub. L. 115–334, § 11110, substituted “$655” for “$300”.
Subsec. (b)(5)(E). Pub. L. 115–334, § 12306(b)(2)(A), designated existing provisions as cl. (i), inserted heading, inserted “, and veteran farmers or ranchers” before period at end, and added cl. (ii).
Subsec. (e)(5)(E). Pub. L. 115–334, § 11111, added subpar. (E).
Subsec. (e)(8). Pub. L. 115–334, § 12306(b)(2)(B), inserted “and veteran” after “beginning” in heading and “or veteran farmer or rancher” after “beginning farmer or rancher” in two places in text.
Subsec. (g)(2)(B)(iii). Pub. L. 115–334, § 12306(b)(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). Pub. L. 115–334, § 12306(b)(2)(C)(ii), inserted “and veteran farmers or ranchers” after “beginning farmers or ranchers”.
Subsec. (g)(6). Pub. L. 115–334, § 11112, added par. (6).
Subsec. (h)(1)(B). Pub. L. 115–334, § 11113(1), 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).
Subsec. (h)(3)(C)(iv). Pub. L. 115–334, § 11113(2), added cl. (iv).
Subsec. (o)(2)(A). Pub. L. 115–334, § 11114, designated existing provisions as cl. (i), inserted heading, substituted “beginning on
2015—Subsec. (k)(8). Pub. L. 114–94, § 32205, repealed Pub. L. 114–74, § 201, effective
Subsec. (k)(8)(A). Pub. 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
“(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
“(ii) once during each period of 5 reinsurance years thereafter.”,
was repealed by Pub. L. 114–94, § 32205. See above.
Subsec. (k)(8)(E). Pub. L. 114–74, § 201(2), which directed striking subpar. (E) and adding a new subpar. (E) to read “
2014—Subsec. (a)(9)(C). Pub. L. 113–79, § 11002, added subpar. (C).
Subsec. (b)(1). Pub. L. 113–79, § 12305(b), 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. (b)(5)(E). Pub. L. 113–79, § 11016(b)(1), inserted “and beginning farmers or ranchers” after “limited resource farmers”.
Subsec. (b)(7) to (11). Pub. 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). Pub. 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). Pub. L. 113–79, § 11004, added subpar. (C).
Subsec. (c)(4). Pub. L. 113–79, § 11003(b), 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). Pub. L. 113–79, § 11023(a), added subpar. (D).
Subsec. (d)(2)(A). Pub. 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). Pub. L. 113–79, § 11028(a)(2), substituted “paragraphs (3), (6), and (7)” for “paragraph (3)” in introductory provisions.
Subsec. (e)(2)(H). Pub. L. 113–79, § 11003(c), added subpar. (H).
Subsec. (e)(5)(A). Pub. 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). Pub. L. 113–79, § 11007, added subpar. (D).
Subsec. (e)(8). Pub. L. 113–79, § 11016(b)(2), added par. (8).
Subsec. (g)(2)(A). Pub. L. 113–79, § 11009(1), inserted “and paragraph (4)(C)” after “subparagraph (B)”.
Subsec. (g)(2)(B)(iii). Pub. L. 113–79, § 11016(b)(3)(A), added cl. (iii).
Subsec. (g)(2)(E). Pub. L. 113–79, § 11008, added subpar. (E).
Subsec. (g)(4)(B)(ii). Pub. L. 113–79, § 11016(b)(3)(B), designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (g)(4)(C), (D). Pub. 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). Pub. L. 113–79, § 11010(a)(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).
Subsec. (h)(3). Pub. 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). Pub. L. 113–79, § 11011, added subpar. (E).
Subsec. (k)(4)(F). Pub. L. 113–79, § 11017(b), inserted “or authorized under subsection (c)(4)(C) or section 1508b of this title” after “of this subparagraph”.
Subsec. (k)(8)(C). Pub. L. 113–79, § 11028(a)(3), substituted “subparagraph (A)(ii)” for “subparagraph (A)(iii)”.
Subsec. (k)(8)(F). Pub. L. 113–79, § 11012, added subpar. (F).
Subsec. (m)(6). Pub. L. 113–79, § 11013, added par. (6).
Subsec. (o)(1)(B). Pub. 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). Pub. L. 113–79, § 11014(a)(2)(A), substituted “Reduction in” for “Ineligibility for” in heading.
Subsec. (o)(2)(A). Pub. 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). Pub. L. 113–79, § 11014(a)(2)(C), added subpar. (C).
Subsec. (o)(3). Pub. 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). Pub. L. 113–79, § 11015, added subsec. (p).
2008—Subsec. (a). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.
Subsec. (a)(9), (10). Pub. L. 110–246, §§ 12004, 12005, added pars. (9) and (10).
Subsec. (b)(5)(A). Pub. 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. (b)(5)(B). Pub. 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 heading.
Subsec. (b)(5)(B)(i). Pub. 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. (b)(5)(B)(ii). Pub. 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. (b)(5)(B)(iii) to (v). Pub. 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. (b)(5)(B)(vi). Pub. L. 110–246, § 12006(a)(2)(C), struck out cl. (vi). Prior to amendment, text read as follows: “Not later than
“(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. (b)(5)(C). Pub. L. 110–246, § 12007(1), substituted “the same date on which the premium” for “the date that premium”.
Subsec. (b)(9), (10). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.
Subsec. (b)(11). Pub. L. 110–246, § 12008, substituted “6 percent” for “8 percent”.
Subsec. (c)(5)(A). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in two places.
Subsec. (c)(5)(D). Pub. L. 110–246, § 12009, added subpar. (D).
Subsec. (c)(10)(C). Pub. L. 110–246, § 12007(2), added subpar. (C).
Subsec. (d)(1). Pub. L. 110–246, § 12003(b), substituted “not greater than—” for “not greater than 1.1 through
Subsec. (d)(4). Pub. L. 110–246, § 12007(3), added par. (4).
Subsec. (e)(2). Pub. 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.
Pub. L. 110–246, § 12010(1), substituted “paragraph (3)” for “paragraph (4)” in introductory provisions.
Subsec. (e)(3). Pub. 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). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.
Pub. L. 110–246, § 12010(3), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 110–246, § 12011, added par. (5).
Pub. L. 110–246, § 12010(3), redesignated par. (5) as (4).
Subsec. (e)(6), (7). Pub. L. 110–246, § 12012(2), added pars. (6) and (7).
Subsecs. (f), (h), (i). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.
Subsec. (j)(2)(A). Pub. L. 110–246, § 12013, inserted “on behalf of the Corporation” after “approved provider”.
Subsec. (j)(5). Pub. L. 110–246, § 12014(a), added par. (5).
Subsec. (k)(1). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.
Subsec. (k)(4)(A). Pub. 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). Pub. L. 110–246, § 12015, added subpar. (D).
Subsec. (k)(4)(E), (F). Pub. L. 110–246, § 12016(2), added subpars. (E) and (F).
Subsec. (k)(8). Pub. L. 110–246, § 12017, added par. (8).
Subsec. (k)(9). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in introductory provisions.
Pub. L. 110–246, § 12018, added par. (9).
Subsec. (m). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” wherever appearing.
Subsec. (m)(5). Pub. L. 110–246, § 12019, added par. (5).
Subsec. (n)(1). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.
Subsec. (o). Pub. L. 110–246, § 12020(a), added subsec. (o).
Subsec. (o)(2)(A)(i). Pub. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.
2005—Subsec. (a)(4)(B). Pub. L. 109–97 inserted “or similar commodities” after “the commodity”.
2002—Subsec. (a)(2). Pub. L. 107–171, § 10001, substituted “, potatoes, and sweet potatoes” for “and potatoes”.
Subsec. (e)(4). Pub. L. 107–171, § 10002, substituted “Prohibition” for “Temporary prohibition” in heading and “and subsequent reinsurance years” for “through 2005 reinsurance years” in text.
Subsec. (m)(3). Pub. L. 107–171, § 10003(1), 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.
Subsec. (m)(4). Pub. L. 107–171, § 10003(2), added par. (4).
2000—Subsec. (a)(3). Pub. L. 106–224, § 123, 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).”
Subsec. (a)(3)(C). Pub. L. 106–224, § 161, added subpar. (C).
Subsec. (a)(5). Pub. L. 106–224, § 144, 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).
Subsec. (a)(7). Pub. L. 106–224, § 145, added par. (7).
Subsec. (a)(8). Pub. L. 106–224, § 162, added par. (8).
Subsec. (b)(3). Pub. L. 106–224, § 103(a), 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.”
Subsec. (b)(5)(A). Pub. L. 106–224, § 103(b)(1)(A), substituted “$100” for “$50”.
Subsec. (b)(5)(B). Pub. L. 106–224, § 103(b)(1)(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).”
Subsec. (b)(5)(C). Pub. L. 106–224, § 103(b)(1)(C), substituted “administrative fee required by this paragraph” for “amounts required under subparagraphs (A) and (B)”.
Subsec. (b)(11). Pub. L. 106–224, § 103(d), substituted “8 percent” for “11 percent”.
Subsec. (c)(5). Pub. L. 106–224, § 101(a), 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).”
Subsec. (c)(10). Pub. 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). Pub. L. 106–224, § 101(b)(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). Pub. L. 106–224, § 101(b)(2), added par. (3).
Subsec. (e)(2). Pub. 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). Pub. 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). Pub. 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). Pub. L. 106–224, § 101(e), added par. (5).
Subsec. (f)(3)(A). Pub. 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). Pub. L. 106–224, § 105(a), designated existing provisions of subpar. (B) as cl. (i) and added cl. (ii).
Subsec. (g)(2)(D). Pub. L. 106–224, § 101(f), struck out “(as provided in subsection (e)(4) of this section)” after “combined coverage”.
Subsec. (g)(4), (5). Pub. L. 106–224, § 105(b), added pars. (4) and (5).
Subsec. (h)(1). Pub. 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). Pub. 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). Pub. L. 106–224, § 146(b), inserted “by approved insurance providers” after “for sale” in first sentence.
Subsec. (h)(4)(A). Pub. 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(b)(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). Pub. L. 106–224, § 146(c)(2), inserted subpar. heading.
Subsec. (h)(4)(C), (D). Pub. 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). Pub. L. 106–224, § 102(a)(2), 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.”
Subsec. (h)(6) to (10). Pub. 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). Pub. L. 106–224, § 106, designated existing provisions as par. (1), inserted heading, and added pars. (2) to (4).
Subsec. (k)(4)(C). Pub. L. 106–224, § 102(b), added subpar. (C).
Subsec. (m). Pub. 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). Pub. L. 106–113, § 1000(a)(5) [title II, § 206], 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).
Subsec. (h)(9)(A). Pub. L. 106–113, § 1000(a)(5) [title II, § 205(a)], substituted “1997 through 2001” for “1997, 1998, 1999, and 2000”.
1998—Subsec. (b)(5). Pub. L. 105–185, § 532(a), 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.
Subsec. (b)(11). Pub. L. 105–185, § 532(d), added par. (11).
Subsec. (c)(10)(A). Pub. L. 105–185, § 532(b)(1), 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.”
Subsec. (c)(10)(C). Pub. L. 105–185, § 532(b)(2), substituted “$20” for “$10” in first sentence.
Subsec. (h)(10). Pub. L. 105–185, § 534, added par. (10).
Subsec. (k)(4). Pub. L. 105–185, § 532(c), 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.”
Subsec. (n). Pub. L. 105–277 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).
1996—Subsec. (a)(6)(D). Pub. L. 104–127, § 193(c), added subpar. (D).
Subsec. (b)(4)(C). Pub. L. 104–127, § 193(a)(1), added subpar. (C).
Subsec. (b)(7)(A). Pub. L. 104–127, § 193(a)(2), 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 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). Pub. L. 104–127, § 195, added par. (9).
Subsec. (j)(4). Pub. L. 104–127, § 193(d), added par. (4).
Subsec. (n). Pub. L. 104–127, § 193(f), added subsec. (n).
1994—Pub. L. 103–354 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. (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). Pub. L. 103–66, § 1403(b)(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). Pub. L. 103–66, § 1403(b)(2), added subsec. (n).
1991—Subsec. (a). Pub. L. 102–237, § 601(4), struck out par. (1) designation.
Subsecs. (k) to (n). Pub. L. 102–237, § 601(5), redesignated subsecs. (l) to (n) as (k) to (m), respectively.
1990—Pub. L. 101–624, § 2204(b)(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). Pub. L. 101–624, § 2205(1), 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.
Subsecs. (b) to (d). Pub. L. 101–624, § 2204(a)(1), (2), added subsecs. (b) to (d) and redesignated subsecs. (b) to (d) as (e) to (g), respectively.
Subsec. (e). Pub. L. 101–624, § 2204(a)(1), (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).
Subsec. (f). Pub. L. 101–624, § 2204(a)(1), 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.”
Subsec. (g). Pub. L. 101–624, § 2204(a)(1), (b)(3), redesignated subsec. (d) as (g), inserted heading, and substituted “the Corporation may include” for “to include”. Former subsec. (g) redesignated (j).
Subsec. (h). Pub. L. 101–624, § 2204(a)(1), 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.
Subsec. (i). Pub. L. 101–624, § 2204(a)(1), (b)(4), redesignated subsec. (f) as (i), inserted heading, and substituted “The Corporation may provide” for “To provide”. Former subsec. (i) redesignated (l).
Subsec. (j). Pub. L. 101–624, § 2204(a)(1), (b)(5), redesignated subsec. (g) as (j), inserted heading, and substituted “The Corporation may offer” for “To offer”. Former subsec. (j) redesignated (m).
Subsec. (k). Pub. 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.
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”.
Subsec. (l). Pub. L. 101–624, § 2204(a)(1), (b)(7), redesignated subsec. (i) as (l), 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.”
Subsec. (m). Pub. L. 101–624, § 2204(b)(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.”
Pub. L. 101–624, § 2204(a)(1), redesignated subsec. (j) as (m).
Subsec. (n). Pub. L. 101–624, § 2204(a)(3), added subsec. (n).
1988—Subsec. (j). Pub. L. 100–387 added subsec. (j).
1980—Subsec. (a). Pub. 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. (b). Pub. 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). Pub. 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). Pub. 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). Pub. L. 96–365, § 106(4), added subsec. (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. 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). Pub. L. 96–365, § 106(4), added subsecs. (g) and (h).
Subsec. (i). Pub. L. 96–365, § 107(b), added subsec. (i).
1964—Subsec. (a). Pub. 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). Pub. 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). Pub. L. 85–111 added subsec. (f).
1953—Subsec. (a). Act
1949—Subsec. (a). Act
Subsec. (b). Act
Subsec. (c). Act
1947—Subsec. (a). Act
Subsec. (b). Act
Subsec. (c). Act
1944—Subsec. (a). Act
Subsec. (b). Act
Subsec. (c). Act
1941—Subsec. (a). Act
Subsecs. (b), (c). Act
Subsec. (d). Act
Subsec. (e). Act
1938—Subsec. (a). Act
Pub. L. 114–94, div. C, title XXXII, § 32205,
Pub. L. 113–79, title XI, § 11003(d),
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by sections 101(a)–(c), 102(a), 103(a), (b)(1), (c), 104, 105(b), and 162 of Pub. L. 106–224 applicable beginning with the 2001 crop of an agricultural commodity, amendment by sections 101(d), 102(b), and 103(d) of Pub. 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 Pub. L. 106-224 effective
Amendment by Pub. L. 105–185 effective
Amendment by Pub. L. 103–354 effective
Amendment by Pub. L. 103–66 effective
Pub. L. 96–365, title I, § 105,
Pub. L. 96–365, title I, § 106,
Amendment by section 107(b) of Pub. L. 96–365 effective
Pub. L. 116–20, title I, § 107,
Pub. L. 113–235, div. A, title VII, § 733,
Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 205(b)],
Pub. L. 105–277, div. A, § 101(a) [title VII, § 748],
[Pub. L. 110–234 and Pub. L. 110–246 repealed Pub. L. 105–277, div. A, § 101(a) [title VII, § 748], formerly set out above. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.]
Pub. L. 104–127, title I, § 193(a)(3),
Pub. L. 104–127, title I, § 193(b),
Pub. L. 103–354, title I, § 116,
Pub. L. 103–354, title I, § 117,
Pub. L. 100–546,
Pub. L. 100–203, title I, § 1507,
Pub. L. 96–365, title II, § 202,
Pub. L. 95–181, § 2,
Act Aug. 1, 1947, ch. 440, § 5, 61 Stat. 719, provided:
Administration of program of Federal Crop Insurance Corporation transferred to Secretary of Agriculture by 1946 Reorg. Plan No. 3, § 501, eff.
Wartime consolidation of Federal Crop Insurance Corporation into Agricultural Conservation and Adjustment Administration, see note set out under section 1503 of this title.