118th CONGRESS 2d Session |
To amend the Federal Agriculture Improvement and Reform Act of 1996 with respect to transitioning producers from the noninsured crop assistance program to the whole farm revenue insurance plan.
June 5, 2024
Mr. Blumenthal (for himself and Mr. Murphy) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
To amend the Federal Agriculture Improvement and Reform Act of 1996 with respect to transitioning producers from the noninsured crop assistance program to the whole farm revenue insurance plan.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Save Our Small Farms Act of 2024”.
SEC. 2. Administration and operation of noninsured crop assistance program.
Section 196 of the of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(A) in the matter preceding clause (i), by inserting “best facilitates” after “assistance program that”;
(i) by striking “best facilitates the use of that” and inserting “the use of those”; and
(ii) by striking “and” at the end;
(i) by striking “ensures the availability of that” and inserting “the availability of those”; and
(ii) by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
“(iii) the expansion of crops listed on the national crop table of the Agency with a local average market price; and
“(iv) the voluntary graduation of program participants to the whole farm revenue insurance plan developed under section 522(c)(7) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)(7)).”;
(2) in subsection (b), by striking paragraph (4) and inserting the following:
“(4) STREAMLINED APPLICATION PROCESS.—
“(A) DEFINITION OF WHOLE FARM REVENUE INSURANCE PLAN.—In this paragraph, the term ‘whole farm revenue insurance plan’ means the whole farm revenue insurance plan developed under section 522(c)(7) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)(7)).
“(i) IN GENERAL.—The Secretary shall establish a streamlined process for the submission of records and acreage reports under paragraphs (2) and (3), respectively, for—
“(I) diverse production systems, such as those typical of urban production systems;
“(II) other small-scale production systems; and
“(III) direct-to-consumer production systems.
“(ii) INCLUSIONS.—The streamlined process established under clause (i) shall include—
“(I) reduced acreage report requirements; and
“(II) allowing the submission to the Secretary of 2 reports per year so as to accommodate later acreage reporting.
“(C) ON-RAMP TO WHOLE FARM REVENUE INSURANCE PLAN.—
“(i) IN GENERAL.—In the case of a producer using diverse production systems described in subparagraph (B)(i) that may be eligible for the whole farm revenue insurance plan, the Secretary, acting through the Administrator of the Agency, shall establish a streamlined revenue-based option under the noninsured crop disaster assistance program under this section to assist the producer to transition, on a voluntary basis, from the noninsured crop disaster assistance program under this section to the whole farm revenue insurance plan.
“(ii) REQUIREMENTS.—The streamlined revenue-based option established under clause (i) shall offer a premium discount of—
“(I) 25 percent for the first crop year for which a producer—
“(aa) certifies that the producer will transition from the noninsured crop disaster assistance program under this section to the whole farm revenue insurance plan not later than 3 years after the date of the certification; and
“(bb) provides revenue history with respect to that crop year;
“(II) 50 percent for the crop year following the crop year described in subclause (I) if the producer—
“(aa) certifies that the producer will transition from the noninsured crop disaster assistance program under this section to the whole farm revenue insurance plan not later than 2 years after the date of the certification; and
“(bb) provides revenue history with respect to that crop year; and
“(III) 50 percent for the crop year following the crop year described in subclause (II) if the producer—
“(aa) purchases insurance under the whole farm revenue insurance plan not later than 1 year after the date of the certification; and
“(bb) provides revenue history with respect to that crop year.
“(iii) TAX FORM SCHEDULE F.—The Secretary shall accept the Internal Revenue Service Tax Form Schedule F (or a successor form) with respect to a producer for purposes of establishing revenue history under clause (ii).
“(iv) REVENUE HISTORY SHARING.—The Secretary shall submit to the Federal Crop Insurance Corporation the revenue history submitted to the Secretary pursuant to clause (ii).
“(D) RULEMAKING.—Not later than 90 days after the date of enactment of the Save Our Small Farms Act of 2024, the Secretary shall issue regulations to ensure that premium discounts under this paragraph are only available to producers described in subparagraph (C)(i) that comply with this paragraph.”;
(3) in subsection (c), by adding at the end the following:
“(5) NOTICE OF CERTAIN LOSSES.—A producer of a hand-harvested or rapidly deteriorating crop may submit to the Secretary evidence of a loss of that crop at any time after the 120-hour period following the loss in order to be eligible for assistance under this section.
“(A) IN GENERAL.—In any case in which an appraisal of crop acreage is requested by a producer or determined to be necessary by a State agricultural official or a State executive director of the Agency for a year in which a notice of loss is filed under this subsection, particularly in any case in which a loss adjuster is not available within 72 hours of the notice, Secretary shall permit the following alternatives to an in-person appraisal by a loss adjuster:
“(i) Remote appraisal, including time-stamped photographs, drone footage, and other technology applications.
“(ii) Appraisal by field office staff of the Agency with requisite training, in conjunction with a remote appraisal under clause (i).
“(B) TRAINING.—The Secretary shall require field office staff to attend noninsured crop disaster assistance appraisal training for purposes of subparagraph (A)(ii).”;
(4) in subsection (e)(3), by striking “65 percent” and inserting “100 percent”;
(A) in subparagraph (A), by striking “and” at the end;
(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(C) notwithstanding subparagraphs (A) and (B), in the case of a limited resource, beginning, or socially disadvantaged farmer, as determined by the Secretary, a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))), or a producer participating in the streamlined revenue-based option pursuant to subsection (b)(4)(C), $600,000.”;
(A) by striking “defined by the Secretary, or a veteran” and inserting “determined by the Secretary, a veteran”; and
(B) by inserting “, or a producer participating in the streamlined revenue-based option pursuant to subsection (b)(4)(C)” before the period at the end;
(7) in subsection (l), by striking paragraph (3) and inserting the following:
“(3) PREMIUM DISCOUNT.—The coverage made available under this subsection shall be available to limited resource, beginning, or socially disadvantaged farmers, as determined by the Secretary, veteran farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))), and producers participating in the streamlined revenue-based option pursuant to subsection (b)(4)(C), in exchange for a premium that is 25 percent of the premium determined under paragraph (2).”; and
(8) by adding at the end the following:
“(m) Delivery.—The Secretary shall collaborate with outreach and technical assistance providers, extension offices, and State departments of agriculture to advertise the noninsured crop disaster assistance program under this section, particularly to limited resource, beginning, or socially disadvantaged farmers, as determined by the Secretary, veteran farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))), and producers eligible to participate in the streamlined revenue-based option pursuant to subsection (b)(4)(C).”.