US Codex
Pub. L.
Notes

Title XI — Crop Insurance

115th Congress · Approved Dec 20, 2018 · 132 Stat. 4490

TITLE XI Crop Insurance

SEC. 11101. Definitions.

Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended—
(1)
by redesignating paragraphs (6), (7), (8), (9), (10), and (11) as paragraphs (7), (8), (10), (11), (12), and (13) respectively;
(2)
by inserting after paragraph (5) the following:

“(6) Cover crop termination.—The term ‘cover crop termination’ means a practice that historically and under reasonable circumstances results in the termination of the growth of a cover crop.”

; and

(3)
by inserting after paragraph (8) (as so redesignated) the following:

“(9) Hemp.—The term ‘hemp’ has the meaning given the term in section 297A of the Agricultural Marketing Act of 1946.”

SEC. 11102. Data Collection.

Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C. 1506(h)(2)) is amended—
(1)
by striking “ The Corporation” and inserting the following:

“(A) In general.—The Corporation”

; and

(2)
by adding at the end the following:

“(B) National agricultural statistics service.—Data collected by the National Agricultural Statistics Service, whether published or unpublished, shall be—

“(i) provided in an aggregate form to the Corporation for the purpose of providing insurance under this subtitle; and

“(ii) kept confidential by the Corporation in the same manner and to the same extent as is required under—

“(I) section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276); and

“(II) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).

“(C) Noninsured crop disaster assistance program.—In collecting data under this subsection, the Secretary shall ensure that—

“(i) appropriate data are collected through the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and

“(ii) not less frequently than annually, the Farm Service Agency shares, and the Corporation considers, the data described in clause (i).”

SEC. 11103. Sharing of Records.

Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C. 1506(h)(3)) is amended by inserting “ applicants who have received payment under section 522(b)(2)(E),” after “ divisions,”.

SEC. 11104. Use of Resources.

Section 507(f) of the Federal Crop Insurance Act (7 U.S.C. 1507(f)) is amended—
(1)
by striking paragraphs (3) and (4) and inserting the following:

“(3) the Farm Service Agency, in assisting the Board in—

“(A) the determination of individual producer yields;

“(B) sharing information on beginning farmers and ranchers and veteran farmers and ranchers;

“(C) investigating potential waste, fraud, or abuse;

“(D) sharing information to support the transition of crops and counties from the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) to insurance under this subtitle; and

“(E) serving as a local point of contact for the dissemination of information on risk management options available to farmers and ranchers; and

“(4) other Federal agencies, in assisting the Board in any way the Board determines is necessary in carrying out this subtitle.”

(2)
in paragraph (2), by striking “ (2) the” and inserting the following:

“(2) the”

; and

(3)
by striking “ (f) The Board” in the matter preceding paragraph (1) and all that follows through the semicolon at the end of paragraph (1) and inserting the following:

“(f) Use of Resources, Data, Boards, and Committees of Federal Agencies.—If the Board determines it is necessary, the Board shall use, to the maximum extent practicable, the resources, data, boards, and the committees of—

“(1) the Natural Resources Conservation Service, in assisting the Board in—

“(A) the classification of land as to risk and production capability; and

“(B) the consideration of acceptable conservation practices, including good farming practices with respect to conservation (such as cover crop termination);”

SEC. 11105. Specialty Crops.

(a)
Specialty Crops Coordinator.— Section 507(g) of the Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended—
(1)
by striking the subsection designation and all that follows through “ The Corporation” in paragraph (1) and inserting the following:

“(g) Specialty Crops Coordinator.—

“(1) In general.—The Corporation”

; and

(2)
by adding at the end the following:

“(4) Specialty crop liaisons.—The Specialty Crops Coordinator shall—

“(A) designate a Specialty Crops Liaison in each regional field office; and

“(B) share the contact information of the Specialty Crops Liaisons with specialty crop producers.

“(5) Website.—The Specialty Crops Coordinator shall establish a website focused on the efforts of the Corporation to provide and expand crop insurance for specialty crop producers.”

(b)
Addition of Specialty Crops and Other Value-added Crops.— Section 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(6)) is amended—
(1)
in the paragraph heading, by adding at the end the following: “ (including value-added crops)”;
(2)
by striking subparagraph (A) and inserting the following:

“(A) Annual review.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and annually thereafter, the manager of the Corporation shall prepare, to the maximum extent practicable, based on data shared from the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), written agreements, or other data, and present to the Board not less than 1 of each of the following:

“(i) Research and development for a policy or plan of insurance for a commodity for which there is no existing policy or plan of insurance.

“(ii) Expansion of an existing policy or plan of insurance to additional counties or States, including malting barley endorsements or contract options.

“(iii) Research and development for a new policy or plan of insurance, or endorsement, for commodities with existing policies or plans of insurance, such as dollar plans.”

(3)
in subparagraph (B), in the subparagraph heading, by striking “ Addition of new crops” and inserting “ Report”; and
(4)
by striking subparagraphs (C) and (D).

SEC. 11106. Insurance Period.

Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(2)) is amended by striking “ and sweet potatoes” and inserting “ sweet potatoes, and hemp”.

SEC. 11107. Cover Crops.

Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)) is amended—
(1)
in paragraph (3)(B), in the subparagraph heading, by inserting “ determination review” after “ practices”; and
(2)
by adding at the end the following:

“(11) Cover crops.—

“(A) In general.—The voluntary practice of cover cropping shall be considered a good farming practice under paragraph (3)(A)(iii) if the cover crop is terminated in accordance with subparagraph (B).

“(B) Termination.—

“(i) In general.—The termination of a cover crop shall be carried out according to—

“(I) guidelines established by the Secretary; or

“(II) an exception to the guidelines approved under clause (ii).

“(ii) Exception to guidelines.—The Corporation shall approve an exception to the guidelines under clause (i)(I) if that exception is recommended by—

“(I) the Natural Resources Conservation Service; or

“(II) an agricultural expert, as determined by the Corporation, unless the exception is determined to be unreasonable by the Corporation.

“(C) Insurability of subsequent crop.—Cover crop termination shall not affect the insurability of a subsequently planted insurable crop if the cover crop is terminated in accordance with subparagraph (B).

“(D) Summer fallow.—In a county in which summer fallow is an insurable practice, a cover crop in that county that is terminated in accordance with subparagraph (B) shall be considered as summer fallow for the purpose of insurability.”

SEC. 11108. Underserved Producers.

Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(7)) is amended—
(1)
in the paragraph heading, by inserting “ and underserved producers” after “ states”;
(2)
in subparagraph (A)—
(A)
by striking the designation and heading and all that follows through “ the term” and inserting the following:

“(A) Definitions.—In this paragraph:

“(i) Adequately served.—The term”

(B)
in clause (i) (as so designated), by striking “ participation rate” and inserting “ participation rate, by crop,”; and
(C)
by adding at the end the following:

“(ii) Underserved producer.—The term ‘underserved producer’ means an individual (including a member of an Indian Tribe) that is—

“(I) a beginning farmer or rancher;

“(II) a veteran farmer or rancher; or

“(III) a socially disadvantaged farmer or rancher.”

(3)
in subparagraph (B)—
(A)
by striking “ The Board” and inserting “ Using resources and information available to the Board or the Secretary, the Board”; and
(B)
by striking “ subtitle” and inserting “ subtitle, including policies and plans of insurance for underserved producers,”; and
(4)
by striking subparagraph (C) and inserting the following:

“(C) Report.—

“(i) In general.—Not later than 30 days after completion of the review under subparagraph (B), and not less frequently than once every 3 years thereafter, the Board shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review.

“(ii) Recommendations.—The report under clause (i) shall include recommendations to increase participation in States and among underserved producers that are not adequately served by the policies and plans of insurance, including any plans for administrative action or recommendations for Congressional action.”

SEC. 11109. Treatment of Forage and Grazing.

(a)
Availability of Catastrophic Risk Protection for Crops and Grasses Used for Grazing.— Section 508(b)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(1)) is amended—
(1)
by striking “ (A) In general.—Except as provided in subparagraph (B), the” and inserting “ The”; and
(2)
by striking subparagraph (B).
(b)
Coverage for Forage and Grazing.— The Federal Crop Insurance Act is amended by inserting after section 508C (7 U.S.C. 1508c) the following new section:

“SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.

“Notwithstanding section 508A, and in addition to any other available coverage, for crops that can be both grazed and mechanically harvested on the same acres during the same growing season, producers shall be allowed to purchase separate policies for each intended use, as determined by the Corporation, and any indemnity paid under those policies for each intended use shall not be considered to be for the same loss for the purposes of section 508(n).”

SEC. 11110. Administrative Basic Fee.

Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(5)(A)) is amended by striking “ $300” and inserting “ $655”.

SEC. 11111. Enterprise Units.

Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended by adding at the end the following:

“(E) Enterprise units across county lines.—The Corporation may allow a producer to establish a single enterprise unit by combining an enterprise unit with—

“(i) 1 or more other enterprise units in 1 or more other counties; or

“(ii) all basic units and all optional units in 1 or more other counties.”

SEC. 11112. Continued Authority.

Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)) is amended by adding at the end the following new paragraph:

“(6) Continued authority.—

“(A) In general.—The Corporation shall establish—

“(i) underwriting rules that limit the decrease in the actual production history of a producer, at the election of the producer, to not more than 10 percent of the actual production history of the previous crop year provided that the production decline was the result of drought, flood, natural disaster, or other insurable loss (as determined by the Corporation); and

“(ii) actuarially sound premiums to cover additional risk.

“(B) Other authority.—The authority provided under subparagraph (A) is in addition to any other authority that adjusts the actual production history of the producer under this Act.

“(C) Effect.—Nothing in this paragraph shall be construed to require a change in the administration of any provision of this Act as the Act was administered for the 2018 reinsurance year.”

SEC. 11113. Submission of Policies and Materials to Board.

Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended—
(1)
in paragraph (1)(B)—
(A)
by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(B)
in the matter preceding subclause (I) (as so redesignated), by striking “ The Corporation shall” and inserting the following:

“(i) In general.—The Corporation shall”

(C)
in clause (i)(I) (as so redesignated), by inserting “ subject to clause (ii),” before “ will likely”; and
(D)
by adding at the end the following:

“(ii) Waiver for hemp.—The Corporation may waive the viability and marketability requirement under clause (i)(I) in the case of a policy or pilot program relating to the production of hemp.”

; and

(2)
in paragraph (3)(C)—
(A)
in clause (ii), by striking “ and” at the end;
(B)
in clause (iii), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following:

“(iv) in the case of reviewing policies and other materials relating to the production of hemp, may waive the viability and marketability requirement under subparagraph (A)(ii)(I).”

SEC. 11114. Crop Production on Native Sod.

Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)(2)(A)) is amended—
(1)
by striking “ During the” and inserting the following:

“(i) First 4 crop years.—During the”

(2)
in clause (i) (as so designated), by striking “ after the date of enactment of the Agricultural Act of 2014” and inserting “ beginning on February 8, 2014, and ending on the date of enactment of the Agriculture Improvement Act of 2018”; and
(3)
by adding at the end the following:

“(ii) Subsequent crop years.—Native sod acreage that has been tilled for the production of an insurable crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to a reduction in benefits under this subtitle as described in this paragraph for not more than 4 cumulative years—

“(I) during the first 10 years after initial tillage; and

“(II) during each of which a crop on that acreage is insured under subsection (c).”

SEC. 11115. Use of National Agricultural Statistics Service Data to Combat Waste, Fraud, and Abuse.

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—
(1)
in subsection (d)(1)—
(A)
in subparagraph (B), by striking “ and” at the end;
(B)
in subparagraph (C), by striking the period at the end and inserting “ ; and”; and
(C)
by adding at the end the following:

“(D) using published aggregate data from the National Agricultural Statistics Service or any other data source to—

“(i) detect yield disparities or other data anomalies that indicate potential fraud; and

“(ii) target the relevant counties, crops, regions, companies, or agents associated with that potential fraud for audits and other enforcement actions.”

; and

(2)
in subsection (f)(2)(A), by striking “ pursuant to” each place it appears and inserting “ under”.

SEC. 11116. Submission of Information to Corporation.

Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 1515(g)) is amended—
(1)
in paragraph (1), by adding at the end the following:

“(D) The actual production history to be used to establish insurable yields.”

; and

(2)
in paragraph (2)—
(A)
by striking “ The information required by paragraph (1)” and inserting the following:

“(A) In general.—The information required to be submitted under subparagraphs (A) through (C) of paragraph (1)”

; and

(B)
by adding at the end the following:

“(B) Actual production history.—

“(i) In general.—The information required to be submitted under paragraph (1)(D) with respect to an applicable policy or plan of insurance for a covered commodity (as defined in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011)) shall be submitted so as to ensure receipt by the Corporation not later than the Saturday of the week containing the calendar day that is 30 days after the applicable production reporting date for the crop to be insured.

“(ii) Correction of errors.—Nothing in clause (i) limits the ability of an approved insurance provider to correct any error in the information submitted under paragraph (1)(D) after receipt of the information by the Corporation in accordance with clause (i).”

SEC. 11117. Continuing Education for Loss Adjusters and Agents.

Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—
(1)
by redesignating subsection (k) as subsection (l); and
(2)
by inserting after subsection (j) the following:

“(k) Continuing Education for Loss Adjusters and Agents.—

“(1) In general.—The Corporation shall establish requirements for continuing education for loss adjusters and agents of approved insurance providers.

“(2) Requirements.—The requirements for continuing education described in paragraph (1) shall ensure that loss adjusters and agents of approved insurance providers are familiar with—

“(A) the policies and plans of insurance available under this Act, including the regulations promulgated to carry out this Act;

“(B) efforts to promote program integrity through the elimination of waste, fraud, and abuse; and

“(C) other aspects of adjusting, delivering, and servicing policies and plans of insurance by adjustors and agents, as determined by the Secretary, including conservation activities and agronomic practices (including organic and sustainable practices) that are common and appropriate to the area in which the insured crop being inspected is produced.”

SEC. 11118. Program Administration.

Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7 U.S.C. 1516(b)(2)(C)(i)) is amended by striking “ $9,000,000” and inserting “ $7,000,000”.

SEC. 11119. Agricultural Commodity.

Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) is amended by inserting “ hemp,” before “ aquacultural species”.

SEC. 11120. Maintenance of Policies.

(a)
In General.— Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—
(1)
in paragraph (1), by amending subparagraph (B) to read as follows:

“(B) Reimbursement.—

“(i) In general.—An applicant who submits a policy under section 508(h) shall be eligible for the reimbursement of reasonable research and development costs if the policy is approved by the Board for sale to producers.

“(ii) Reasonable costs.—For the purpose of reimbursing research and development and maintenance costs under this section, costs of the applicant shall be considered reasonable costs if the costs are based on—

“(I) for any employees or contracted personnel, wage rates equal to not more than 2 times the hourly wage rate plus benefits, as provided by the Bureau of Labor Statistics for the year in which such costs are incurred, calculated using the formula applied to an applicant by the Corporation in reviewing proposed project budgets under this section on October 1, 2016; and

“(II) other actual documented costs incurred by the applicant.”

; and

(2)
in paragraph (4)—
(A)
in subparagraph (C), by striking “ approved insurance provider” and inserting “ applicant”; and
(B)
in subparagraph (D)—
(i)
in clause (i), by striking “ determined by the approved insurance provider” and inserting “ determined by the applicant”; and
(ii)
by adding at the end the following:

“(iii) Review.—After the Board approves the amount of a fee under clause (ii), the fee shall remain in effect and not be reviewed by the Board unless—

“(I) the applicant petitions the Board for reconsideration of the fee;

“(II) a substantial change is made to the policy, as determined by the Board; or

“(III) there is substantial evidence that the fee is inhibiting sales or use of the policy, as determined by the Board.”

(b)
Applicability.—
(1)
In general.— The amendments made by this section shall apply to reimbursement requests made on or after October 1, 2016.
(2)
Resubmission of denied request.— An applicant that was denied all or a portion of a reimbursement request under paragraph (1) of section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) during the period between October 1, 2016, and the date of the enactment of this Act shall be given an opportunity to resubmit such request.

SEC. 11121. Reimbursement of Research, Development, and Maintenance Costs.

Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—
(1)
in paragraph (2), by adding at the end the following:

“(K) Waiver for hemp.—The Board may waive the viability and marketability requirements under this paragraph in the case of research and development relating to a policy to insure the production of hemp.”

; and

(2)
in paragraph (3)—
(A)
by striking “ The Corporation” and inserting the following:

“(A) In general.—Subject to subparagraph (B), the Corporation”

; and

(B)
by adding at the end the following:

“(B) Waiver for hemp.—The Corporation may waive the marketability requirement under subparagraph (A) in the case of research and development relating to a policy to insure the production of hemp.”

SEC. 11122. Research and Development Authority.

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(1)
by striking paragraphs (7) through (18) and (20) through (23);
(2)
by redesignating paragraphs (19) and (24) as paragraphs (7) and (8), respectively;
(3)
in paragraph (7) (as so redesignated) (entitled “Whole farm diversified risk management insurance plan”), by adding at the end the following:

“(E) Review of modifications to improve effectiveness.—

“(i) In general.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018—

“(I) the Corporation shall hold stakeholder meetings to solicit producer and agent feedback; and

“(II) the Board shall—

“(aa) review procedures and paperwork requirements on agents and producers; and

“(bb) modify procedures and requirements, as appropriate, to decrease burdens and increase flexibility and effectiveness.

“(ii) Factors.—In carrying out items (aa) and (bb) of subclause (i)(II), the Board shall consider—

“(I) removing caps on nursery and livestock production;

“(II) allowing a waiver to expand operations, especially for small and beginning farmers;

“(III) minimizing paperwork for producers and agents;

“(IV) implementing an option for producers with less than $1,000,000 in gross revenue that requires significantly less paperwork and recordkeeping;

“(V) developing and using alternative records such as time-stamped photographs or technology applications to document planting and production history;

“(VI) treating the different growth stages of aquaculture species as separate crops to recognize the difference in perils at different phases of growth;

“(VII) moderating the impacts of disaster years on historic revenue, such as—

“(aa) using an average of the historic and projected revenue;

“(bb) counting indemnities as historic revenue for loss years;

“(cc) counting payments under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) as historic revenue for loss years; or

“(dd) using an assigned yield floor similar to the limitation described in section 508(g)(6)(A)(i), as determined by the Secretary;

“(VIII) improving agent training and outreach to underserved regions and sectors such as small dairy farms; and

“(IX) providing coverage and indemnification of insurable losses—

“(aa) after the losses exceed the deductible; and

“(bb) up to the maximum amount of total coverage.

“(F) Beginning farmer or rancher defined.—Notwithstanding section 502(b)(3), with respect to plans described under this paragraph, the term ‘beginning farmer or rancher’ means a farmer or rancher who has not actively operated and managed a farm or ranch with a bona fide insurable interest in a crop or livestock as an owner-operator, landlord, tenant, or sharecropper for more than 10 crop years.”

; and

(4)
by inserting after paragraph (8) (as so redesignated) the following:

“(9) Tropical storm or hurricane insurance.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure crops (including tomatoes, peppers, and citrus) against losses due to a tropical storm or hurricane.

“(B) Research and development.—Research and development under subparagraph (A) shall—

“(i) evaluate the effectiveness of risk management tools for a low frequency and catastrophic loss weather event; and

“(ii) result in a policy that provides protection for at least 1 of the following:

“(I) Production loss.

“(II) Revenue loss.

“(C) Report.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under this paragraph; and

“(ii) any recommendations with respect to those results.

“(10) Quality loss.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding the establishment of each of the following alternative methods of adjusting for quality losses:

“(i) A method that does not impact the actual production history of a producer.

“(ii) A method that provides that, in circumstances in which a producer has suffered a quality loss to the insured crop of the producer that is insufficient to trigger an indemnity payment, the producer may elect to exclude that quality loss from the actual production history of the producer.

“(iii) 1 or more methods that combine the methods described in clauses (i) and (ii).

“(B) Requirements.—Notwithstanding subsections (g) and (m) of section 508, any method developed under subparagraph (A) that is used by the Corporation shall be—

“(i) optional for a producer to use; and

“(ii) offered at an actuarially sound premium rate.

“(C) Report.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraph (A); and

“(ii) any recommendations with respect to those results.

“(11) Citrus.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding the insurance of citrus fruit commodities and commodity types, including research and development of—

“(i) improvements to 1 or more existing policies, including the whole-farm revenue protection pilot policy;

“(ii) alternative methods of insuring revenue for citrus fruit commodities and commodity types; and

“(iii) the development of new, or expansion of existing, revenue policies for citrus fruit commodities and commodity types.

“(B) Report.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraph (A); and

“(ii) any recommendations with respect to those results.

“(12) Hops.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure the production of hops or revenue derived from the production of hops.

“(B) Report.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraph (A); and

“(ii) any recommendations with respect to those results.

“(13) Subsurface irrigation practices.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding the creation of a separate practice for subsurface irrigation, including the establishment of a separate transitional yield within a county that is reflective of the average gain in productivity and yield associated with the installation of a subsurface irrigation system.

“(B) Report.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraph (A); and

“(ii) any recommendations with respect to those results.

“(14) Grain sorghum.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development—

“(i) regarding improvements to 1 or more policies to insure irrigated grain sorghum;

“(ii) regarding alternative methods for producers with not more than 4 years of production history to insure irrigated grain sorghum; and

“(iii) to assess, by county, the difference in the rate, average yield, and coverage level of grain sorghum policies compared to policies for other feed grains in that county.

“(B) Report.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraph (A); and

“(ii) any recommendations with respect to those results.

“(15) Limited irrigation practices.—

“(A) Authority.—The Corporation shall—

“(i) consider expanding the availability of the limited irrigation insurance program to neighboring and similarly situated States (such as the States of Colorado and Nebraska), as determined by the Secretary;

“(ii) carry out research, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research, on the marketability of the existing limited irrigation insurance program; and

“(iii) make recommendations on how to improve participation in that program.

“(B) Research.—In carrying out research under subparagraph (A), a qualified person shall—

“(i) collaborate with researchers on the subjects of—

“(I) reduced irrigation practices or limited irrigation practices; and

“(II) expected yield reductions following the application of reduced irrigation;

“(ii) collaborate with State and Federal officials responsible for the collection of water and the regulation of water use for the purpose of irrigation;

“(iii) provide recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and

“(iv) develop web-based applications that will streamline access to coverage for producers electing to conserve water use on irrigated crops.

“(C) Report.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research carried out under subparagraphs (A) and (B);

“(ii) any recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and

“(iii) the actions taken by the Corporation to carry out the recommendations described in clause (ii).

“(16) Insurable irrigation practices for rice.—

“(A) In general.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, to include new and innovative irrigation practices under the current rice policy or the development of a distinct policy endorsement rated for rice produced using—

“(i) alternate wetting and drying practices (also referred to as ‘intermittent flooding’); and

“(ii) furrow irrigation practices.

“(B) Report.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under paragraph (1); and

“(ii) any recommendations with respect to those results.

“(17) Greenhouse policy.—

“(A) In general.—

“(i) Research and development.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure in a controlled environment such as a greenhouse—

“(I) the production of floriculture, nursery, and bedding plants;

“(II) the establishment of cuttings or tissue culture in a growing medium; or

“(III) other similar production, as determined by the Secretary.

“(ii) Availability of policy.—Notwithstanding the last sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make a policy described in clause (i) available if the requirements of section 508(h) are met.

“(B) Research and development described.—Research and development described in subparagraph (A)(i) shall evaluate the effectiveness of policies for the production of plants in a controlled environment, including policies that—

“(i) are based on the risk of—

“(I) plant diseases introduced from the environment;

“(II) contaminated cuttings, seedlings, or tissue culture; or

“(III) Federal or State quarantine or destruction orders associated with the contaminated items described in subclause (II);

“(ii) consider other causes of loss applicable to a controlled environment, such as a loss of electricity due to weather;

“(iii) consider appropriate best practices to minimize the risk of loss;

“(iv) consider whether to provide coverage for various types of plants under 1 policy or to provide coverage for 1 species or type of plant per policy;

“(v) have streamlined reporting and paperwork requirements that take into account short propagation schedules, variable crop years, and the variety of plants that may be produced in a single facility; and

“(vi) provide protection for revenue losses.

“(C) Report.—Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) the results of the research and development carried out under subparagraphs (A)(i) and (B); and

“(ii) any recommendations with respect to those results.

“(18) Local foods.—

“(A) In general.—

“(i) Feasibility study.—The Corporation shall carry out a study to determine the feasibility of, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out a study to determine the feasibility of, a policy to insure production—

“(I) of floriculture, fruits, vegetables, poultry, livestock, or the products of floriculture, fruits, vegetables, poultry, or livestock; and

“(II) that is targeted toward local consumers and markets.

“(ii) Availability of policy.—Notwithstanding the last sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make available a policy described in clause (i) if—

“(I) the results of the feasibility study under clause (i) are viable; and

“(II) the requirements of section 508(h) are met.

“(B) Feasibility study described.—The feasibility study described in subparagraph (A)(i) shall evaluate the effectiveness of policies for production targeted toward local consumers and markets, including policies that—

“(i) consider small-scale production in various areas, including urban, suburban, and rural areas;

“(ii) consider a variety of marketing strategies;

“(iii) allow for production in soil and in alternative systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;

“(iv) consider the price premium when accounting for production or revenue losses;

“(v) consider whether to provide coverage—

“(I) for various types of production under 1 policy; and

“(II) for 1 species or type of plant per policy; and

“(vi) have streamlined reporting and paperwork requirements.

“(C) Report.—Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) examines whether a version of existing policies such as the whole-farm revenue protection insurance plan may be tailored to provide improved coverage for producers of local foods;

“(ii) describes the results of the feasibility study carried out under subparagraph (A)(i); and

“(iii) includes any recommendations with respect to those results.

“(19) High-risk, highly productive batture land policy.—

“(A) In general.—

“(i) Research and development.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure producers of corn, cotton, and soybeans—

“(I) with operations on highly productive batture land within the Lower Mississippi River Valley;

“(II) that have a history of production of not less than 5 years; and

“(III) that have been impacted by more frequent flooding over the past 10 years due to sedimentation or federally constructed engineering improvements.

“(ii) Availability of policy.—Notwithstanding the last sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make a policy described in clause (i) available if the requirements of section 508(h) are met.

“(B) Research and development described.—Research and development described in subparagraph (A)(i) shall evaluate the feasibility of less cost-prohibitive policies for batture-land producers in high risk areas, including policies that—

“(i) consider premium rate adjustments;

“(ii) consider automatic yield exclusion for consecutive-year losses; and

“(iii) allow for flexibility of final plant dates and prevent plant regulations.

“(C) Report.—Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, 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—

“(i) examines whether a version of existing policies may be tailored to provide improved coverage for batture-land producers;

“(ii) describes the results of the research and development carried out under subparagraphs (A) and (B); and

“(iii) includes any recommendations with respect to those results.”

SEC. 11123. Funding for Research and Development.

Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)(2)(A)) is amended—
(1)
by striking “ not more than $12,500,000 for fiscal year 2008 and each subsequent fiscal year.” and inserting the following:

“(i) $12,500,000 for each of fiscal years 2008 through 2018; and”

; and

(2)
by adding at the end the following:

“(ii) $8,000,000 for fiscal year 2019 and each fiscal year thereafter.”

SEC. 11124. Technical Amendment to Pilot Programs.

Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C. 1523(i)(3)(A)) is amended by adding a period at the end.

SEC. 11125. Education and Risk Management Assistance.

(a)
Education Assistance.— Section 524(a) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “ paragraph (5)” and all that follows through “ the Secretary” in subparagraph (B) and inserting “ paragraph (4), the Secretary”; and
(B)
by striking “ paragraph (3)” and inserting “ paragraph (2)”;
(2)
by striking paragraph (2);
(3)
by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;
(4)
in paragraph (2) (as so redesignated), in subparagraph (A)—
(A)
by striking “ about the full range of” and inserting “ and providing technical assistance to agricultural producers on a full range of farm viability and”;
(B)
by inserting “ business planning, enterprise analysis, transfer and succession planning, management coaching, market assessment, cash flow analysis,” after “ insurance,”; and
(C)
by inserting “ conservation activities,” after “ benchmarking,”;
(5)
in paragraph (3) (as so redesignated)—
(A)
in the matter preceding subparagraph (A)—
(i)
by striking “ programs established under paragraphs (2) and (3)” and inserting “ program established under paragraph (2)”;
(ii)
by inserting “ farm viability and” after “ emphasis on”; and
(iii)
by inserting “ , business planning and technical assistance, market assessment, transfer and succession planning, and crop insurance participation” after “ benchmarking”;
(B)
in subparagraph (D)(i), by striking “ and” at the end; and
(C)
by striking subparagraph (E) and inserting the following:

“(iii) are converting production and marketing systems to pursue new markets; and

“(E) producers that are underserved by the Federal crop insurance program established under this subtitle, as determined by the Corporation.”

; and

(6)
in paragraph (4) (as so redesignated)—
(A)
in the matter preceding subparagraph (A), by striking “ transferred” and all that follows through “ for the partnerships” in subparagraph (B) and inserting “ transferred for the partnerships”;
(B)
by striking “ paragraph (3), $5,000,000 for fiscal year 2001” and inserting “ paragraph (2), $10,000,000 for fiscal year 2019”; and
(C)
by striking the period at the end and inserting “ , of which not less than $5,000,000 shall be used to carry out paragraph (3)(E).”.
(b)
Conforming Amendments.— Section 251(f)(1)(D)(ii) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)(ii)) is amended—
(1)
by striking “ section 524(a)(3)” and inserting “ section 524(a)”; and
(2)
by striking “ (7 U.S.C. 1524(a)(3))” and inserting “ (7 U.S.C. 1524(a))”.

SEC. 11126. Repeal of Cropland Report Annual Updates.

Section 11014 of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 963) is amended by striking subsection (c).