PRIA, Government Policy, Made Personal

Summary

All producers on a farm must make one one-time, permanent choice for certain years about how they get farm support. For the 2014–2018 crop years (with a special rule for seed cotton in 2018) and for 2019–2031 (but with a change option starting in 2021), producers must choose either price loss coverage (PLC) for each commodity or agriculture risk coverage (ARC). If they pick ARC, every producer on the farm must agree whether to use county ARC (decided by commodity) or individual ARC (covers all commodities on the farm). If the producers cannot all agree for the 2014, 2019, or 2026 crop years, the USDA will make no payments for that year, and the farm will be treated as having chosen PLC for 2015–2018; will keep the same choices for 2020–2023 as for 2015–2018; and will use whatever was chosen in 2025 for 2027–2031. Choosing county ARC means no PLC payments for that commodity. Choosing individual ARC means the USDA will count a producer’s share across all their farms in the same State that also chose individual ARC. Farms cannot be reorganized just to change a choice. For 2018 seed cotton acres, producers get a new one-time choice; if they don’t agree, those acres are treated as PLC. For 2021 and later years, producers may change their choice for that year and future years until they change it again. For 2025, USDA will pay whichever is higher: PLC or ARC county payments for each commodity.

Title 7, §9015

Agriculture, Source: USLM XML via OLRC

(a)Election required

For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2031 crop years (subject to subsection (h)), all of the producers on a farm shall make a 1-time, irrevocable election to obtain— (1)

(2)agriculture risk coverage under section 9017 of this title.

(b)Coverage options

In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage shall unanimously select whether to receive agriculture risk coverage payments based on—

(1)county coverage applicable on a covered commodity-by-covered-commodity basis; or

(2)individual coverage applicable to all of the covered commodities on the farm.

(c)Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under subsection (a) for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable—

(1)the Secretary shall not make any payments with respect to the farm for the 2014 crop year, the 2019 crop year, or the 2026 crop year, as applicable, under section 9016 or 9017 of this title; and

(2)subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—

(A)price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years;

(B)the same coverage for each covered commodity on the farm for the 2020 through 2023 crop years as was applicable for the 2015 through 2018 crop years; and

(C)the same coverage for each covered commodity on the farm for the 2027 through 2031 crop years as was applicable for the 2025 crop year.

(d)Effect of selection of county coverage

If all the producers on a farm select county coverage for a covered commodity under subsection (b)(1), the Secretary may not make price loss coverage payments under section 9016 of this title to the producers on the farm with respect to that covered commodity.

(e)Effect of selection of individual coverage

If all the producers on a farm select individual coverage under subsection (b)(2), in addition to the selection and election under this section applying to each producer on the farm, the Secretary shall consider, for purposes of making the calculations required by subsections (b)(2) and (c)(3) of section 9017 of this title, the producer’s share of all farms in the same State—

(1)in which the producer has an interest; and

(2)for which individual coverage has been selected.

(f)Prohibition on reconstitution

The Secretary shall ensure that producers on a farm do not reconstitute the farm to void or change an election or selection made under this section.

(g)Special election

(1)In general

In the case of acres allocated to seed cotton on a farm, for the 2018 crop year, all of the producers on the farm shall be given the opportunity to make a new 1-time election under subsection (a) to reflect the designation of seed cotton as a covered commodity for that crop year under section 9011(6)(B) of this title.

(2)Effect of failure to make unanimous election

If all the producers on a farm fail to make a unanimous election under paragraph (1), the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for acres allocated on the farm to seed cotton.

(h)Option to change election

(1)In general

For the 2021 crop year and each crop year thereafter, all of the producers on a farm may change the election under subsection (a), subsection (c), or this subsection, as applicable, to price loss coverage or agriculture risk coverage, as applicable.

(2)Applicability

An election change under paragraph (1) shall apply to—

(A)the crop year for which the election change is made; and

(B)each crop year thereafter until another election change is made under that paragraph.

(i)Higher of price loss coverage payments and agriculture risk coverage payments

For the 2025 crop year, the Secretary shall, on a covered commodity-by-covered commodity basis, make the higher of price loss coverage payments under section 9016 of this title and agriculture risk coverage county coverage payments under section 9017 of this title to the producers on a farm for the payment acres for each covered commodity on the farm.

Notes & Related Subsidiaries

Editorial Notes

Codification Provisions of law applicable to a covered commodity for the 2024 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2025 crop year for that covered commodity, see section 4101(c)(1) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title. Provisions of law applicable to a covered commodity for the 2023 crop year pursuant to title I of Pub. L. 113–79 applicable to the 2024 crop year for that covered commodity, see section 102(c)(1) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Amendments

2025—Subsec. (a). Pub. L. 119–21, § 10303(a)(1), substituted “2031” for “2023” in introductory provisions. Subsec. (c). Pub. L. 119–21, § 10303(a)(2)(A), in introductory provisions, substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”. Subsec. (c)(1). Pub. L. 119–21, § 10303(a)(2)(B), substituted “crop year,” for “crop year or” and inserted “or the 2026 crop year,” after “2019 crop year,”. Subsec. (c)(2)(C). Pub. L. 119–21, § 10303(a)(2)(C), added subpar. (C). Subsec. (i). Pub. L. 119–21, § 10303(a)(3), added subsec. (i). 2018—Subsec. (a). Pub. L. 115–334, § 1105(1), substituted “For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years (subject to subsection (h))” for “Except as provided in subsection (g), for the 2014 through 2018 crop years” in introductory provisions. Pub. L. 115–123, § 60101(a)(7)(A), substituted “Except as provided in subsection (g), for” for “For” in introductory provisions. Subsec. (b). Pub. L. 115–334, § 1105(2), substituted “In the election under subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage” for “In the election under subsection (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 9017 of this title” in introductory provisions. Subsec. (c). Pub. L. 115–334, § 1105(3)(A), inserted “or the 2019 crop year, as applicable” after “the 2014 crop year” in introductory provisions. Subsec. (c)(1). Pub. L. 115–334, § 1105(3)(B), inserted “or the 2019 crop year, as applicable,” after “the 2014 crop year”. Subsec. (c)(2). Pub. L. 115–334, § 1105(3)(C), added par. (2) and struck out former par. (2) which read as follows: “the producers on the farm shall be deemed to have elected price loss coverage under section 9016 of this title for all covered commodities on the farm for the 2015 through 2018 crop years.” Subsec. (g). Pub. L. 115–123, § 60101(a)(7)(B), added subsec. (g). Subsec. (g)(1). Pub. L. 115–334, § 1105(4), inserted “for the 2018 crop year,” after “allocated to seed cotton on a farm,”. Subsec. (h). Pub. L. 115–334, § 1105(5), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–123 applicable beginning with the 2018 crop year, see section 60101(a)(13) of Pub. L. 115–123, set out as a note under section 9011 of this title.

§9015 Producer Election