Pub. L. 115-334, tit. XI, sec. 11122 (as amended)
RESEARCH AND DEVELOPMENT AUTHORITY.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY. Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amendedâ
(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 âWhole farm diversified risk management insurance planâ), by adding at the end the following:
â(E) Review of modifications to improve effectiveness.â
â(i) In general.âNot later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018â
â(I) the Corporation shall hold stakeholder meetings to solicit producer and agent feedback; and
â(II) the Board shallâ
â(aa) review procedures and paperwork requirements on agents and producers; and
â(bb) modify procedures and requirements, as appropriate, to decrease burdens and increase flexibility and effectiveness.
â(ii) Factors.âIn carrying out items (aa) and (bb) of subclause (i)(II), the Board shall considerâ
â(I) removing caps on nursery and livestock production;
â(II) allowing a waiver to expand operations, especially for small and beginning farmers;
â(III) minimizing paperwork for producers and agents;
â(IV) implementing an option for producers with less than $1,000,000 in gross revenue that requires significantly less paperwork and recordkeeping;
â(V) developing and using alternative records such as time-stamped photographs or technology applications to document planting and production history;
â(VI) treating the different growth stages of aquaculture species as separate crops to recognize the difference in perils at different phases of growth;
â(VII) moderating the impacts of disaster years on historic revenue, such asâ
â(aa) using an average of the historic and projected revenue;
â(bb) counting indemnities as historic revenue for loss years;
â(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
â(dd) using an assigned yield floor similar to the limitation described in section 508(g)(6)(A)(i), as determined by the Secretary;
â(VIII) improving agent training and outreach to underserved regions and sectors such as small dairy farms; and
â(IX) providing coverage and indemnification of insurable lossesâ
â(aa) after the losses exceed the deductible; and
â(bb) up to the maximum amount of total coverage.
â(F) Beginning farmer or rancher defined.âNotwithstanding section 502(b)(3), with respect to plans described under this paragraph, the term âbeginning farmer or rancherâ 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.â
; and
(4) by inserting after paragraph (8) (as so redesignated) the following:
â(9) Tropical storm or hurricane insurance.â
â(A) In general.âThe 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.
â(B) Research and development.âResearch and development under subparagraph (A) shallâ
â(i) evaluate the effectiveness of risk management tools for a low frequency and catastrophic loss weather event; and
â(ii) result in a policy that provides protection for at least 1 of the following:
â(I) Production loss.
â(II) Revenue loss.
â(C) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under this paragraph; and
â(ii) any recommendations with respect to those results.
â(10) Quality loss.â
â(A) In general.âThe 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:
â(i) A method that does not impact the actual production history of a producer.
â(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.
â(iii) 1 or more methods that combine the methods described in clauses (i) and (ii).
â(B) Requirements.âNotwithstanding subsections (g) and (m) of section 508, any method developed under
subparagraph (A) that is used by the Corporation shall beâ
â(i) optional for a producer to use; and
â(ii) offered at an actuarially sound premium rate.
â(C) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraph (A); and
â(ii) any recommendations with respect to those results.
â(11) Citrus.â
â(A) In general.âThe 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 ofâ
â(i) improvements to 1 or more existing policies, including the whole-farm revenue protection pilot policy;
â(ii) alternative methods of insuring revenue for citrus fruit commodities and commodity types; and
â(iii) the development of new, or expansion of existing, revenue policies for citrus fruit commodities and commodity types.
â(B) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraph (A); and
â(ii) any recommendations with respect to those results.
â(12) Hops.â
â(A) In general.âThe 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.
â(B) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraph (A); and
â(ii) any recommendations with respect to those results.
â(13) Subsurface irrigation practices.â
â(A) In general.âThe 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.
â(B) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraph (A); and
â(ii) any recommendations with respect to those results.
â(14) Grain sorghum.â
â(A) In general.âThe 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 developmentâ
â(i) regarding improvements to 1 or more policies to insure irrigated grain sorghum;
â(ii) regarding alternative methods for producers with not more than 4 years of production history to insure irrigated grain sorghum; and
â(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.
â(B) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraph (A); and
â(ii) any recommendations with respect to those results.
â(15) Limited irrigation practices.â
â(A) Authority.âThe Corporation shallâ
â(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;
â(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
â(iii) make recommendations on how to improve participation in that program.
â(B) Research.âIn carrying out research under subparagraph (A), a qualified person shallâ
â(i) collaborate with researchers on the subjects ofâ
â(I) reduced irrigation practices or limited irrigation practices; and
â(II) expected yield reductions following the application of reduced irrigation;
â(ii) collaborate with State and Federal officials responsible for the collection of water and the regulation of water use for the purpose of irrigation;
â(iii) provide recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and
â(iv) develop web-based applications that will streamline access to coverage for producers electing to conserve water use on irrigated crops.
â(C) Report.âNot 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 describesâ
â(i) the results of the research carried out under subparagraphs (A) and (B);
â(ii) any recommendations to encourage producers to carry out limited irrigation practices or reduced irrigation and water conservation practices; and
â(iii) the actions taken by the Corporation to carry out the recommendations described in clause (ii).
â(16) Insurable irrigation practices for rice.â
â(A) In general.âThe 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 usingâ
â(i) alternate wetting and drying practices (also referred to as âintermittent floodingâ); and
â(ii) furrow irrigation practices.
â(B) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under paragraph (1); and
â(ii) any recommendations with respect to those results.
â(17) Greenhouse policy.â
â(A) In general.â
â(i) Research and development.âThe 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 greenhouseâ
â(I) the production of floriculture, nursery, and bedding plants;
â(II) the establishment of cuttings or tissue culture in a growing medium; or
â(III) other similar production, as determined by the Secretary.
â(ii) Availability of policy.âNotwithstanding 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.
â(B) Research and development described.âResearch and development described in subparagraph (A)(i) shall evaluate the effectiveness of policies for the production of plants in a controlled environment, including policies thatâ
â(i) are based on the risk ofâ
â(I) plant diseases introduced from the environment;
â(II) contaminated cuttings, seedlings, or tissue culture; or
â(III) Federal or State quarantine or destruction orders associated with the contaminated items described in subclause (II);
â(ii) consider other causes of loss applicable to a controlled environment, such as a loss of electricity due to weather;
â(iii) consider appropriate best practices to minimize the risk of loss;
â(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;
â(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
â(vi) provide protection for revenue losses.
â(C) Report.âNot 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 describesâ
â(i) the results of the research and development carried out under subparagraphs (A)(i) and (B); and
â(ii) any recommendations with respect to those results.
â(18) Local foods.â
â(A) In general.â
â(i) Feasibility study.âThe 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 productionâ
â(I) of floriculture, fruits, vegetables, poultry, livestock, or the products of floriculture, fruits, vegetables, poultry, or livestock; and
â(II) that is targeted toward local consumers and markets.
â(ii) Availability of policy.âNotwithstanding the last sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make available a policy described in clause (i) ifâ
â(I) the results of the feasibility study under clause (i) are viable; and
â(II) the requirements of section 508(h) are met.
â(B) Feasibility study described.âThe feasibility study described in subparagraph (A)(i) shall evaluate the effectiveness of policies for production targeted toward local consumers and markets, including policies thatâ
â(i) consider small-scale production in various areas, including urban, suburban, and rural areas;
â(ii) consider a variety of marketing strategies;
â(iii) allow for production in soil and in alternative systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;
â(iv) consider the price premium when accounting for production or revenue losses;
â(v) consider whether to provide coverageâ
â(I) for various types of production under 1 policy; and
â(II) for 1 species or type of plant per policy; and
â(vi) have streamlined reporting and paperwork requirements.
â(C) Report.âNot 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 thatâ
â(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;
â(ii) describes the results of the feasibility study carried out under subparagraph (A)(i); and
â(iii) includes any recommendations with respect to those results.
â(19) High-risk, highly productive batture land policy.â
â(A) In general.â
â(i) Research and development.âThe 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 soybeansâ
â(I) with operations on highly productive batture land within the Lower Mississippi River Valley;
â(II) that have a history of production of not less than 5 years; and
â(III) that have been impacted by more frequent flooding over the past 10 years due to sedimentation or federally constructed engineering improvements.
â(ii) Availability of policy.âNotwithstanding 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.
â(B) Research and development described.âResearch 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 thatâ
â(i) consider premium rate adjustments;
â(ii) consider automatic yield exclusion for consecutive-year losses; and
â(iii) allow for flexibility of final plant dates and prevent plant regulations.
â(C) Report.âNot 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 thatâ
â(i) examines whether a version of existing policies may be tailored to provide improved coverage for batture-land producers;
â(ii) describes the results of the research and development carried out under subparagraphs (A) and (B); and
â(iii) includes any recommendations with respect to those results.â
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