[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2260 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2260

  To amend the Food Security Act of 1985 to ensure basic conservation 
measures are implemented by farmers who receive Federal crop insurance 
                          premium assistance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2013

Mr. Thompson of California (for himself and Mr. Fortenberry) introduced 
 the following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To amend the Food Security Act of 1985 to ensure basic conservation 
measures are implemented by farmers who receive Federal crop insurance 
                          premium assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crop Insurance Accountability Act of 
2013''.

SEC. 2. HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION FOR CROP 
              INSURANCE.

    (a) Highly Erodible Land Program Ineligibility.--
            (1) In general.--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) Exemptions.--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) In general.--If,'';
                    (B) in the second sentence, by striking ``In 
                carrying'' and inserting the following:
                    ``(B) Minimization of documentation.--In 
                carrying''; and
                    (C) by adding at the end the following:
                    ``(C) Crop insurance.--
                            ``(i) In general.--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) Certification.--
                                    ``(I) In general.--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) Timely evaluation.--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) Equitable contribution.--
                                            ``(aa) In general.--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) Limitation.--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 Ineligibility.--Section 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) Crop insurance.--
                    ``(A) In general.--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) Applicability.--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) Good faith.--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) Tenant relief.--
                            ``(i) In general.--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) Report.--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) Certification.--
                            ``(i) In general.--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) Timely evaluation.--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) Equitable contribution.--
                                    ``(I) In general.--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) Limitation.--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) In general.--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) Applicability.--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) Date of conversion.--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) Certification.--
                    ``(A) In general.--In enforcing eligibility under 
                this subsection, the Secretary shall use existing 
                processes and procedures for certifying compliance.
                    ``(B) Responsibility.--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) Limitation.--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.''.

SEC. 3. TECHNICAL ASSISTANCE.

    Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 
3841(b)) is amended to read as follows:
    ``(b) Technical Assistance.--
            ``(1) In general.--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) Priority.--
                    ``(A) In general.--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) Report.--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.''.
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