113 HR 2260 IH: Crop Insurance Accountability Act of 2013
U.S. House of Representatives
2013-06-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Crop Insurance Accountability Act of
2013
.
2.Highly erodible
land and wetland conservation for crop insurance
(a)Highly erodible
land program ineligibility
(1)Section 1211(a)(1) of the Food Security Act of 1985 (16
U.S.C. 3811(a)(1)) is amended—
(A)in subparagraph
(C), by striking or
at the end;
(B)in subparagraph
(D), by adding or
at the end; and
(C)by adding at the
end the following:
(E)any portion of the
premium paid by the Federal Crop Insurance Corporation for a policy or plan of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), on the
condition that if a person is determined to have committed a violation under
this subsection during a crop year, ineligibility under this subparagraph
shall—
(i)only apply to
reinsurance years subsequent to the date of final determination of a violation,
including all administrative appeals; and
(ii)not apply to the
existing reinsurance year or any reinsurance year prior to the date of final
determination.
.
(2)Section
1212(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3812(a)(2)) is
amended—
(A)in the first
sentence, by striking (2) If,
and inserting the
following:
(2)Eligibility
based on compliance with conservation plan
(A)If,
;
(B)in the second
sentence, by striking In carrying
and inserting the
following:
(B)Minimization of
documentationIn carrying
;
and
(C)by adding at the
end the following:
(C)
(i)Notwithstanding section 1211(a)—
(I)in the case of a
person that is subject to section 1211 for the first time after May 1, 2013,
due to the amendment made by section 2(a) of the
Crop Insurance Accountability Act of
2013, any person who produces an agricultural commodity on the
land that is the basis of the payments described in section 1211(a)(1)(E) shall
have 5 reinsurance years after the date on which such payments become subject
to section 1211 to develop and comply with an approved conservation plan so as
to maintain eligibility for such payments; and
(II)in the case of a
person that the Secretary determines would have been in violation of section
1211(a) if the person had continued participation in the programs requiring
compliance at any time after the date of enactment of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and is currently in violation of
section 1211(a), the person shall have 2 reinsurance years after the date on
which the payments described in section 1211(a)(1)(E) become subject to section
1211 to develop and comply with an approved conservation plan, as determined by
the Secretary, so as to maintain eligibility for such payments.
(ii)
(I)Beginning with the first full reinsurance year
immediately following the date of enactment of this subparagraph, all persons
seeking eligibility for the payment of a portion of the premium paid by the
Federal Crop Insurance Corporation for a policy or plan of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification
of compliance with section 1211(a), as determined by the Secretary.
(II)The Secretary shall evaluate the certification in a
timely manner and—
- (aa)a
person who has properly complied with certification shall be held harmless with
regard to eligibility during the period of evaluation; and
- (bb)if
the Secretary fails to evaluate the certification in a timely manner and the
person is subsequently found to be in violation of section 1211(a),
ineligibility shall not apply to the person for that violation.
(III)
- (aa)If a person fails to provide certification of compliance
to the Secretary as required and is subsequently found in violation of section
1211(a), the Secretary shall determine the amount of an equitable contribution
to conservation in accordance with section 1241(e) by the person for the
violation.
- (bb)The
contribution shall not exceed the total of the portion of the premium paid by
the Federal Crop Insurance Corporation for a policy or plan of insurance for
all years the person is determined to have been in violation subsequent to the
date on which certification was first required under this
clause.
.
(b)Wetland
conservation program ineligibilitySection 1221 of the Food
Security Act of 1985 (16 U.S.C. 3821) is amended—
(1)in subsection (b),
by adding at the end the following:
(4)
(A)Except as provided in this paragraph, a person subject to
a final determination, including all administrative appeals, of a violation of
subsection (c) shall have 1 reinsurance year to initiate a conservation plan to
remedy the violation, as determined by the Secretary, before becoming
ineligible under that subsection in the following reinsurance year to receive
any payment of any portion of the premium paid by the Federal Crop Insurance
Corporation for a policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(B)In
the case of a person that is subject to this subsection or subsection (d) for
the first time due to the amendment made by section 2(b) of the
Crop Insurance Accountability Act of
2013, the person shall have 2 reinsurance years after the date of
final determination, including all administrative appeals, to take such steps
as the Secretary determines appropriate to remedy or mitigate the violation in
accordance with subsection (c).
(C)If the Secretary determines that a person subject to a
final determination, including all administrative appeals, of a violation of
subsection (c) acted in good faith and without intent to violate this section
as described in section 1222(h), the Secretary shall give the person 1
reinsurance year to begin mitigation, restoration, or such other steps as are
determined necessary by the Secretary.
(D)
(i)If a tenant is determined to be ineligible for payments
and other benefits under this section, the Secretary may limit the
ineligibility only to the farm that is the basis for the ineligibility
determination if the tenant has established, to the satisfaction of the
Secretary that—
(I)the tenant has
made a good faith effort to meet the requirements of this section, including
enlisting the assistance of the Secretary to obtain a reasonable conservation
plan for restoration or mitigation for the farm;
(II)the landlord on
the farm refuses to comply with the plan on the farm; and
(III)the Secretary
determines that the lack of compliance is not a part of a scheme or device to
avoid the compliance.
(ii)The
Secretary shall provide an annual report to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate concerning the ineligibility determinations limited
during the previous 12-month period under this subparagraph.
(E)
(i)Beginning with the first full reinsurance year
immediately following the date of enactment of this paragraph, all persons
seeking eligibility for the payment of a portion of the premium paid by the
Federal Crop Insurance Corporation for a policy or plan of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) shall provide certification
of compliance with this section as determined by the Secretary.
(ii)The Secretary shall evaluate the certification in a
timely manner and—
(I)a person who has
properly complied with certification shall be held harmless with regard to
eligibility during the period of evaluation; and
(II)if the Secretary
fails to evaluate the certification in a timely manner and the person is
subsequently found to be in violation of subsection (c), ineligibility shall
not apply to the person for that violation.
(iii)
(I)If a person fails to provide certification of compliance
to the Secretary as required and is subsequently found in violation of
subsection (c), the Secretary shall determine the amount of an equitable
contribution to conservation in accordance with section 1241(e) by the person
for the violation.
(II)The
contribution shall not exceed the total of the portion of the premium paid by
the Federal Crop Insurance Corporation for a policy or plan of insurance for
all years the person is determined to have been in violation subsequent to the
date on which certification was first required under this
subparagraph.
;
(2)by redesignating
subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
and
(3)by inserting after
subsection (b) the following:
(c)Ineligibility
for crop insurance premium assistance
(1)If a person is determined to have committed a violation
under subsection (a) or (d) during a crop year, the person shall be ineligible
to receive any payment of any portion of the premium paid by the Federal Crop
Insurance Corporation for a policy or plan of insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(2)Ineligibility
under this subsection shall—
(A)only apply to
reinsurance years subsequent to the date of final determination of a violation,
including all administrative appeals; and
(B)not apply
to—
(i)the existing
reinsurance year; or
(ii)any reinsurance
year prior to the date of final determination.
(3)Notwithstanding subsection (d), ineligibility for crop
insurance premium assistance shall apply as follows:
(A)In the case of
wetland that the Secretary determines was converted after the date of enactment
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) but
on or before May 1, 2013, and continues to be in violation, the person shall
have 2 reinsurance years after the date on which this subsection applies, to
begin the mitigation process, as determined by the Secretary.
(B)In the case of
wetland that the Secretary determines was converted after May 1, 2013—
(i)subject to clause
(ii), the person shall be ineligible to receive crop insurance premium
subsidies in subsequent reinsurance years unless section 1222(b) applies;
and
(ii)for any violation
that the Secretary determines impacts less than 5 acres of the entire farm, the
person may pay a contribution in accordance with section 1241(e) in an amount
equal to 150 percent of the cost of mitigation, as determined by the Secretary,
for wetland restoration in lieu of ineligibility to receive crop insurance
premium assistance.
(C)In the case of a
wetland that the Secretary determines was converted prior to the date of
enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et
seq.), ineligibility under this subsection shall not apply.
(D)In the case of an
agricultural commodity for which an individual policy or plan of insurance is
available for the first time to the person after the date of enactment of the
Crop Insurance Accountability Act of
2013—
(i)ineligibility
shall apply only to conversions that take place after the date on which the
policy or plan of insurance first becomes available to the person; and
(ii)the person shall
take such steps as the Secretary determines appropriate to mitigate any prior
conversion in a timely manner but not to exceed 2 calendar years.
(4)
(A)In enforcing eligibility under this subsection, the
Secretary shall use existing processes and procedures for certifying
compliance.
(B)The
Secretary, acting through the agencies of the Department of Agriculture, shall
be solely responsible for determining whether a producer is eligible to receive
crop insurance premium subsidies in accordance with this subsection.
(C)The
Secretary shall ensure that no agent, approved insurance provider, or employee
or contractor of an agency or approved insurance provider, bears responsibility
or liability for the eligibility of an insured producer under this subsection,
other than in cases of misrepresentation, fraud, or a scheme or device to avoid
compliance.
.
3.Section 1241(b) of
the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended to read as
follows:
(b)
(1)Effective for fiscal
year 2005 and each subsequent fiscal year, Commodity Credit Corporation funds
made available for each of the programs specified in paragraphs (1) through (7)
of subsection (a)—
(A)shall be available
for the provision of technical assistance for the programs for which funds are
made available, as necessary to implement the programs effectively; and
(B)shall not be
available for the provision of technical assistance for conservation programs
specified in subsection (a) other than the program for which the funds were
made available.
(2)
(A)In the delivery of technical assistance under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), the Secretary
shall give priority to producers who request technical assistance from the
Secretary in order to comply for the first time with the requirements of
subtitle B and subtitle C of this title as a result of the amendments made by
section 2 of the Crop Insurance
Accountability Act of 2013.
(B)Not
later than 270 days after the date of enactment of the
Crop Insurance Accountability Act of
2013, the Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report regarding the extent to which the
conservation compliance requirements contained in the amendments made by
section 2 of the Crop Insurance
Accountability Act of 2013 apply to and impact specialty crop
growers, including national analysis and surveys to determine the extent of
specialty crop acreage on highly erodible land and
wetlands.
.