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Bill
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Title VI — Crop Insurance

S. 679 · 113th Congress · Apr 9, 2013 · Lineage

VI Crop Insurance

Sec. 601 Research and development authority

(a)
In general— Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(1)
in the subsection heading, by striking “Contracting”;
(2)
in paragraph (1), in the matter preceding subparagraph (A), by striking “may enter into contracts to carry out research and development to” and inserting “may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to”;
(3)
in paragraph (2)—
(A)
in subparagraph (A), by inserting “conduct research and development or” after “The Corporation may”; and
(B)
by striking subparagraph (B) and inserting the following new paragraph:

“(B) Consultation—Before conducting research and development or entering into a contract under subparagraph (A), the Corporation shall follow the consultation requirements described in section 508(h)(4)(E).”

(4)
in paragraph (5), by inserting “after expert review in accordance with section 505(e) and procedures of the Board” after “approved by the Board”; and
(5)
in paragraph (6), by striking “a pasture, range, and forage program” and inserting “policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, sorghum for biomass, specialty crops, sugarcane, and dedicated energy crops”.
(b)
Funding— Section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) is amended—
(1)
in paragraph (2)—
(A)
in the paragraph heading, by striking “Contracting” and inserting “Conducting and contracting for research and development”;
(B)
in subparagraph (A), by inserting “conduct research and development and” after “the Corporation may use to”; and
(C)
in subparagraph (B), by inserting “conduct research and development and” after “for the fiscal year to”;
(2)
in paragraph (3), in the matter preceding subparagraph (A), by striking “to provide either reimbursement payments or contract payments”; and
(3)
by striking paragraph (4).

Sec. 602 Whole farm risk management insurance

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended by adding at the end the following new paragraph:

“(18) Whole farm diversified risk management insurance plan

“(A) In general—The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a whole farm risk management insurance plan, with a liability limitation of $1,500,000, that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below 85 percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer, as determined by the Corporation.

“(B) Eligible producers—The Corporation shall permit producers (including direct-to-consumer marketers, and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan in lieu of any other plan under this subtitle.

“(C) Diversification—The Corporation may provide diversification-based additional coverage payment rates, premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock diversification strategies for producers that grow multiple crops or that may have income from the production of livestock that uses a crop grown on the farm.

“(D) Market readiness—The Corporation may include coverage for the value of any packing, packaging, or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove the commodity from the field.

“(E) Report—Not later than 2 years after the date of enactment of this paragraph, the Corporation 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 describes the results and feasibility of the research and development conducted under this paragraph, including an analysis of potential adverse market distortions.”

Sec. 603 Approval of costs for research and development

Section 522(b)(2) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)) is amended by striking subparagraph (E) and inserting the following new subparagraph:

“(E) Approval

“(i) In general—The Board may approve up to 50 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines that—

“(I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h);

“(II) at the sole discretion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage—

“(aa) in a significantly improved form or that addresses a unique need of agricultural producers;

“(bb) to a crop or region not traditionally served by the Federal crop insurance program; or

“(cc) in a form that addresses a recognized flaw or problem in the program;

“(III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort;

“(IV) the proposed budget and timetable are reasonable, as determined by the Board; and

“(V) the concept proposal meets any other requirements that the Board determines appropriate.

“(ii) Waiver—The Board may waive the 50-percent limitation and, upon request of the submitter after the submitter has begun research and development activities, the Board may approve an additional 25 percent advance payment to the submitter for research and development costs, if, at the sole discretion of the Board, the Board determines that—

“(I) the intended policy or plan of insurance developed by the submitter will provide coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops; and

“(II) the submitter is making satisfactory progress towards developing a viable and marketable policy or plan of insurance consistent with section 508(h).”

Sec. 604 Crop insurance for organic crops

(a)
In general— Section 508(c)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(6)) is amended by adding at the end the following new subparagraph:

“(D) Organic crops

“(i) In general—As soon as possible, but not later than the 2015 reinsurance year, the Corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the Department of Agriculture under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) that reflect the actual retail or wholesale prices, as appropriate, received by producers for organic crops, as determined by the Secretary using all relevant sources of information.

“(ii) Annual report—The Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on progress made in developing and improving Federal crop insurance for organic crops, including—

“(I) the numbers and varieties of organic crops insured;

“(II) the progress of implementing the price elections required under this subparagraph, including the rate at which additional price elections are adopted for organic crops;

“(III) the development of new insurance approaches relevant to organic producers; and

“(IV) any recommendations the Corporation considers appropriate to improve Federal crop insurance coverage for organic crops.”

(b)
Removal from list of research and development activities— Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended by striking paragraph (10).

Sec. 605 Nationwide expansion of agricultural management assistance program and inclusion of organic certification cost share assistance

Subsection (b) of section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is amended to read as follows:

“(b) Agricultural management assistance, risk management education, and organic certification cost share assistance

“(1) Authority for provision of assistance—The Secretary shall provide assistance under this section as follows:

“(A) Provision of organic certification cost share assistance pursuant to section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523).

“(B) Activities to support risk management education and community outreach partnerships pursuant to section 522(d), including—

“(i) entering into futures or hedging;

“(ii) entering into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or

“(iii) conducting any other activity relating to an activity described in clause (i) or (ii), including farm financial benchmarking, as determined by the Secretary.

“(C) Provision of agricultural management assistance grants to producers in States in which there has been traditionally, and continues to be, a low level of Federal crop insurance participation and availability, and producers underserved by the Federal crop insurance program, as determined by the Secretary, for the purposes of—

“(i) constructing or improving—

“(I) watershed management structures; or

“(II) irrigation structures;

“(ii) planting trees to form windbreaks or to improve water quality; and

“(iii) mitigating financial risk through production or marketing diversification or resource conservation practices, including—

“(I) soil erosion control;

“(II) integrated pest management;

“(III) organic farming; or

“(IV) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing.

“(2) Payment limitation—The total amount of payments made to a person (as defined in section 1001(5) of the Food Security Act (7 U.S.C. 1308(5))) (as in existence before the amendment made by section 1603(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1730)) under paragraph (1) for any year may not exceed $50,000.

“(3) Funding

“(A) In general—The Secretary shall carry out this subsection through the Commodity Credit Corporation.

“(B) Funding—The Commodity Credit Corporation shall make available to carry out this subsection—

“(i) $15,000,000 for fiscal year 2013; and

“(ii) $23,000,000 for each of fiscal years 2014 through 2018.

“(C) Distribution of funds—Of the amount made available to carry out this subsection for a fiscal year, the Commodity Credit Corporation shall use not less than—

“(i) 50 percent to carry out paragraph (1)(A);

“(ii) 26 percent to carry out paragraph (1)(B); and

“(iii) 24 percent to carry out paragraph (1)(C).”