I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Crop Insurance Ac5 countability Act of 2013’’. 

6 SEC. 2. HIGHLY ERODIBLE LAND AND WETLAND CON7 SERVATION FOR CROP INSURANCE. 

8 (a) HIGHLY ERODIBLE LAND PROGRAM INELIGI9 BILITY.— 


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1 (1) IN GENERAL.—Section 1211(a)(1) of the 

2 Food Security Act of 1985 (16 U.S.C. 3811(a)(1)) 

3 is amended— 

4 (A) in subparagraph (C), by striking ‘‘or’’ 

5 at the end; 

6 (B) in subparagraph (D), by adding ‘‘or’’ 

7 at the end; and 

8 (C) by adding at the end the following: 

9 ‘‘(E) any portion of the premium paid by 

10 the Federal Crop Insurance Corporation for a 

11 policy or plan of insurance under the Federal 

12 Crop Insurance Act (7 U.S.C. 1501 et seq.), on 

13 the condition that if a person is determined to 

14 have committed a violation under this sub15 section during a crop year, ineligibility under 

16 this subparagraph shall— 

17 ‘‘(i) only apply to reinsurance years 

18 subsequent to the date of final determina19 tion of a violation, including all adminis20 trative appeals; and 

21 ‘‘(ii) not apply to the existing reinsur22 ance year or any reinsurance year prior to 

23 the date of final determination.’’. 


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1 (2) EXEMPTIONS.—Section 1212(a)(2) of the 

2 Food Security Act of 1985 (16 U.S.C. 3812(a)(2)) 

3 is amended— 

4 (A) in the first sentence, by striking ‘‘(2) 

5 If,’’ and inserting the following: 

6 ‘‘(2) ELIGIBILITY BASED ON COMPLIANCE WITH

7 CONSERVATION PLAN.— 

8 ‘‘(A) IN GENERAL.—If,’’; 

9 (B) in the second sentence, by striking ‘‘In 

10 carrying’’ and inserting the following: 

11 ‘‘(B) MINIMIZATION OF DOCUMENTA12 TION.—In carrying’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(C) CROP INSURANCE.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 section 1211(a)— 

17 ‘‘(I) in the case of a person that 

18 is subject to section 1211 for the first 

19 time after May 1, 2013, due to the 

20 amendment made by section 2(a) of 

21 the Crop Insurance Accountability Act 

22 of 2013, any person who produces an 

23 agricultural commodity on the land 

24 that is the basis of the payments de25 scribed in section 1211(a)(1)(E) shall 


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1 have 5 reinsurance years after the 

2 date on which such payments become 

3 subject to section 1211 to develop and 

4 comply with an approved conservation 

5 plan so as to maintain eligibility for 

6 such payments; and 

7 ‘‘(II) in the case of a person that 

8 the Secretary determines would have 

9 been in violation of section 1211(a) if 

10 the person had continued participation 

11 in the programs requiring compliance 

12 at any time after the date of enact13 ment of the Food, Conservation, and 

14 Energy Act of 2008 (7 U.S.C. 8701 

15 et seq.) and is currently in violation of 

16 section 1211(a), the person shall have 

17 2 reinsurance years after the date on 

18 which the payments described in sec19 tion 1211(a)(1)(E) become subject to 

20 section 1211 to develop and comply 

21 with an approved conservation plan, 

22 as determined by the Secretary, so as 

23 to maintain eligibility for such pay24 ments. 

25 ‘‘(ii) CERTIFICATION.— 


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1 ‘‘(I) IN GENERAL.—Beginning 

2 with the first full reinsurance year im3 mediately following the date of enact4 ment of this subparagraph, all persons 

5 seeking eligibility for the payment of a 

6 portion of the premium paid by the 

7 Federal Crop Insurance Corporation 

8 for a policy or plan of insurance under 

9 the Federal Crop Insurance Act (7 

10 U.S.C. 1501 et seq.) shall provide cer11 tification of compliance with section 

12 1211(a), as determined by the Sec13 retary. 

14 ‘‘(II) TIMELY EVALUATION.—The 

15 Secretary shall evaluate the certifi16 cation in a timely manner and— 

17 ‘‘(aa) a person who has 

18 properly complied with certifi19 cation shall be held harmless 

20 with regard to eligibility during 

21 the period of evaluation; and 

22 ‘‘(bb) if the Secretary fails 

23 to evaluate the certification in a 

24 timely manner and the person is 

25 subsequently found to be in violaVerDate Mar 15 2010 07:03 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2260.IH H2260

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1 tion of section 1211(a), ineligi2 bility shall not apply to the per3 son for that violation. 

4 ‘‘(III) EQUITABLE CONTRIBU5 TION.— 

6 ‘‘(aa) IN GENERAL.—If a 

7 person fails to provide certifi8 cation of compliance to the Sec9 retary as required and is subse10 quently found in violation of sec11 tion 1211(a), the Secretary shall 

12 determine the amount of an equi13 table contribution to conservation 

14 in accordance with section 

15 1241(e) by the person for the 

16 violation. 

17 ‘‘(bb) LIMITATION.—The 

18 contribution shall not exceed the 

19 total of the portion of the pre20 mium paid by the Federal Crop 

21 Insurance Corporation for a pol22 icy or plan of insurance for all 

23 years the person is determined to 

24 have been in violation subsequent 

25 to the date on which certification 


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1 was first required under this 

2 clause.’’. 

3 (b) WETLAND CONSERVATION PROGRAM INELIGI4 BILITY.—Section 1221 of the Food Security Act of 1985 

5 (16 U.S.C. 3821) is amended— 

6 (1) in subsection (b), by adding at the end the 

7 following: 

8 ‘‘(4) CROP INSURANCE.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 this paragraph, a person subject to a final de11 termination, including all administrative ap12 peals, of a violation of subsection (c) shall have 

13 1 reinsurance year to initiate a conservation 

14 plan to remedy the violation, as determined by 

15 the Secretary, before becoming ineligible under 

16 that subsection in the following reinsurance 

17 year to receive any payment of any portion of 

18 the premium paid by the Federal Crop Insur19 ance Corporation for a policy or plan of insur20 ance under the Federal Crop Insurance Act (7 

21 U.S.C. 1501 et seq.). 

22 ‘‘(B) APPLICABILITY.—In the case of a 

23 person that is subject to this subsection or sub24 section (d) for the first time due to the amend25 ment made by section 2(b) of the Crop InsurVerDate Mar 15 2010 07:03 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2260.IH H2260

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1 ance Accountability Act of 2013, the person 

2 shall have 2 reinsurance years after the date of 

3 final determination, including all administrative 

4 appeals, to take such steps as the Secretary de5 termines appropriate to remedy or mitigate the 

6 violation in accordance with subsection (c). 

7 ‘‘(C) GOOD FAITH.—If the Secretary de8 termines that a person subject to a final deter9 mination, including all administrative appeals, 

10 of a violation of subsection (c) acted in good 

11 faith and without intent to violate this section 

12 as described in section 1222(h), the Secretary 

13 shall give the person 1 reinsurance year to 

14 begin mitigation, restoration, or such other 

15 steps as are determined necessary by the Sec16 retary. 

17 ‘‘(D) TENANT RELIEF.— 

18 ‘‘(i) IN GENERAL.—If a tenant is de19 termined to be ineligible for payments and 

20 other benefits under this section, the Sec21 retary may limit the ineligibility only to the 

22 farm that is the basis for the ineligibility 

23 determination if the tenant has estab24 lished, to the satisfaction of the Secretary 

25 that— 


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1 ‘‘(I) the tenant has made a good 

2 faith effort to meet the requirements 

3 of this section, including enlisting the 

4 assistance of the Secretary to obtain a 

5 reasonable conservation plan for res6 toration or mitigation for the farm; 

7 ‘‘(II) the landlord on the farm re8 fuses to comply with the plan on the 

9 farm; and 

10 ‘‘(III) the Secretary determines 

11 that the lack of compliance is not a 

12 part of a scheme or device to avoid 

13 the compliance. 

14 ‘‘(ii) REPORT.—The Secretary shall 

15 provide an annual report to the Committee 

16 on Agriculture of the House of Representa17 tives and the Committee on Agriculture, 

18 Nutrition, and Forestry of the Senate con19 cerning the ineligibility determinations lim20 ited during the previous 12-month period 

21 under this subparagraph. 

22 ‘‘(E) CERTIFICATION.— 

23 ‘‘(i) IN GENERAL.—Beginning with 

24 the first full reinsurance year immediately 

25 following the date of enactment of this 


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1 paragraph, all persons seeking eligibility 

2 for the payment of a portion of the pre3 mium paid by the Federal Crop Insurance 

4 Corporation for a policy or plan of insur5 ance under the Federal Crop Insurance 

6 Act (7 U.S.C. 1501 et seq.) shall provide 

7 certification of compliance with this section 

8 as determined by the Secretary. 

9 ‘‘(ii) TIMELY EVALUATION.—The Sec10 retary shall evaluate the certification in a 

11 timely manner and— 

12 ‘‘(I) a person who has properly 

13 complied with certification shall be 

14 held harmless with regard to eligibility 

15 during the period of evaluation; and 

16 ‘‘(II) if the Secretary fails to 

17 evaluate the certification in a timely 

18 manner and the person is subse19 quently found to be in violation of 

20 subsection (c), ineligibility shall not 

21 apply to the person for that violation. 

22 ‘‘(iii) EQUITABLE CONTRIBUTION.— 

23 ‘‘(I) IN GENERAL.—If a person 

24 fails to provide certification of compli25 ance to the Secretary as required and 


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1 is subsequently found in violation of 

2 subsection (c), the Secretary shall de3 termine the amount of an equitable 

4 contribution to conservation in accord5 ance with section 1241(e) by the per6 son for the violation. 

7 ‘‘(II) LIMITATION.—The con8 tribution shall not exceed the total of 

9 the portion of the premium paid by 

10 the Federal Crop Insurance Corpora11 tion for a policy or plan of insurance 

12 for all years the person is determined 

13 to have been in violation subsequent 

14 to the date on which certification was 

15 first required under this subpara16 graph.’’; 

17 (2) by redesignating subsections (c), (d), and 

18 (e) as subsections (d), (e), and (f), respectively; and 

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) INELIGIBILITY FOR CROP INSURANCE PREMIUM

22 ASSISTANCE.— 

23 ‘‘(1) IN GENERAL.—If a person is determined 

24 to have committed a violation under subsection (a) 

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1 gible to receive any payment of any portion of the 

2 premium paid by the Federal Crop Insurance Cor3 poration for a policy or plan of insurance under the 

4 Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). 

5 ‘‘(2) APPLICABILITY.—Ineligibility under this 

6 subsection shall— 

7 ‘‘(A) only apply to reinsurance years subse8 quent to the date of final determination of a 

9 violation, including all administrative appeals; 

10 and 

11 ‘‘(B) not apply to— 

12 ‘‘(i) the existing reinsurance year; or 

13 ‘‘(ii) any reinsurance year prior to the 

14 date of final determination. 

15 ‘‘(3) DATE OF CONVERSION.—Notwithstanding 

16 subsection (d), ineligibility for crop insurance pre17 mium assistance shall apply as follows: 

18 ‘‘(A) In the case of wetland that the Sec19 retary determines was converted after the date 

20 of enactment of the Food, Conservation, and 

21 Energy Act of 2008 (7 U.S.C. 8701 et seq.) but 

22 on or before May 1, 2013, and continues to be 

23 in violation, the person shall have 2 reinsurance 

24 years after the date on which this subsection 


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1 applies, to begin the mitigation process, as de2 termined by the Secretary. 

3 ‘‘(B) In the case of wetland that the Sec4 retary determines was converted after May 1, 

5 2013— 

6 ‘‘(i) subject to clause (ii), the person 

7 shall be ineligible to receive crop insurance 

8 premium subsidies in subsequent reinsur9 ance years unless section 1222(b) applies; 

10 and 

11 ‘‘(ii) for any violation that the Sec12 retary determines impacts less than 5 

13 acres of the entire farm, the person may 

14 pay a contribution in accordance with sec15 tion 1241(e) in an amount equal to 150 

16 percent of the cost of mitigation, as deter17 mined by the Secretary, for wetland res18 toration in lieu of ineligibility to receive 

19 crop insurance premium assistance. 

20 ‘‘(C) In the case of a wetland that the Sec21 retary determines was converted prior to the 

22 date of enactment of the Food, Conservation, 

23 and Energy Act of 2008 (7 U.S.C. 8701 et 

24 seq.), ineligibility under this subsection shall 

25 not apply. 


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1 ‘‘(D) In the case of an agricultural com2 modity for which an individual policy or plan of 

3 insurance is available for the first time to the 

4 person after the date of enactment of the Crop 

5 Insurance Accountability Act of 2013— 

6 ‘‘(i) ineligibility shall apply only to 

7 conversions that take place after the date 

8 on which the policy or plan of insurance 

9 first becomes available to the person; and 

10 ‘‘(ii) the person shall take such steps 

11 as the Secretary determines appropriate to 

12 mitigate any prior conversion in a timely 

13 manner but not to exceed 2 calendar years. 

14 ‘‘(4) CERTIFICATION.— 

15 ‘‘(A) IN GENERAL.—In enforcing eligibility 

16 under this subsection, the Secretary shall use 

17 existing processes and procedures for certifying 

18 compliance. 

19 ‘‘(B) RESPONSIBILITY.—The Secretary, 

20 acting through the agencies of the Department 

21 of Agriculture, shall be solely responsible for de22 termining whether a producer is eligible to re23 ceive crop insurance premium subsidies in ac24 cordance with this subsection. 


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1 ‘‘(C) LIMITATION.—The Secretary shall 

2 ensure that no agent, approved insurance pro3 vider, or employee or contractor of an agency or 

4 approved insurance provider, bears responsi5 bility or liability for the eligibility of an insured 

6 producer under this subsection, other than in 

7 cases of misrepresentation, fraud, or a scheme 

8 or device to avoid compliance.’’. 

9 SEC. 3. TECHNICAL ASSISTANCE. 

10 Section 1241(b) of the Food Security Act of 1985 

11 (16 U.S.C. 3841(b)) is amended to read as follows: 

12 ‘‘(b) TECHNICAL ASSISTANCE.— 

13 ‘‘(1) IN GENERAL.—Effective for fiscal year 

14 2005 and each subsequent fiscal year, Commodity 

15 Credit Corporation funds made available for each of 

16 the programs specified in paragraphs (1) through 

17 (7) of subsection (a)— 

18 ‘‘(A) shall be available for the provision of 

19 technical assistance for the programs for which 

20 funds are made available, as necessary to imple21 ment the programs effectively; and 

22 ‘‘(B) shall not be available for the provi23 sion of technical assistance for conservation 

24 programs specified in subsection (a) other than 


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1 the program for which the funds were made 

2 available. 

3 ‘‘(2) PRIORITY.— 

4 ‘‘(A) IN GENERAL.—In the delivery of 

5 technical assistance under the Soil Conservation 

6 and Domestic Allotment Act (16 U.S.C. 590a et 

7 seq.), the Secretary shall give priority to pro8 ducers who request technical assistance from 

9 the Secretary in order to comply for the first 

10 time with the requirements of subtitle B and 

11 subtitle C of this title as a result of the amend12 ments made by section 2 of the Crop Insurance 

13 Accountability Act of 2013. 

14 ‘‘(B) REPORT.—Not later than 270 days 

15 after the date of enactment of the Crop Insur16 ance Accountability Act of 2013, the Secretary 

17 shall submit to the Committee on Agriculture of 

18 the House of Representatives and the Com19 mittee on Agriculture, Nutrition, and Forestry 

20 of the Senate a report regarding the extent to 

21 which the conservation compliance requirements 

22 contained in the amendments made by section 

23 2 of the Crop Insurance Accountability Act of 

24 2013 apply to and impact specialty crop grow25 ers, including national analysis and surveys to 


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1 determine the extent of specialty crop acreage 

2 on highly erodible land and wetlands.’’. 

Æ 


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