In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Insurance for 
Long-Term Development Act of 1996''.

SEC. 2. PURPOSE.

    The purpose of this act is to provide health insurance coverage for 
children during the Infant Neurological Risk Exposure Period (INREP). 
The INREP extends through age 3 and encompasses the period of most 
rapid neurological changes in young children. Health coverage will 
improve children's health and, through routine health supervision, 
promote parents' caregiving skills through these critical years.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) 86 percent of children with private health insurance 
        are under-insured with respect to well-child care;
            (2) because the human brain develops rapidly until the age 
        of 3, children need regular screenings and follow-up care to 
        detect neurological abnormalities and ensure normal 
        development;
            (3) regular pediatric visits enable physicians to provide 
        guidance on parental activities, such as reading, that 
        stimulate the brain development of infants; and
            (4) children deserve health care coverage that promotes 
        normal brain and nervous system development.

SEC. 4. DEFINITIONS.

    As used in this Act:
            (1) Beneficiary.--The term ``beneficiary'' has the meaning 
        given such term under section 3(8) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(8)).
            (2) Child.--The term ``child'' means an individual who is 
        age 3 or younger.
            (3) Employee health benefit plan.--
                    (A) In general.--The term ``employee health benefit 
                plan'' means any employee welfare benefit plan, 
governmental plan, or church plan (as defined under paragraphs (1), 
(32), and (33) of section 3 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays 
for health benefits (such as provider and hospital benefits) for 
participants and beneficiaries whether--
                            (i) directly;
                            (ii) through a health plan offered by a 
                        health plan issuer as defined in paragraph (6); 
                        or
                            (iii) otherwise.
                    (B) Rule of construction.--An employee health 
                benefit plan shall not be construed to be a health plan 
                or a health plan issuer.
                    (C) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act (42 U.S.C. 1395ss(g)(1))).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers' compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
care, home health care, community-based care, or any combination 
thereof.
            (4) Group purchaser.--The term ``group purchaser'' means 
        any person (as defined in section 3(9) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or 
        entity that purchases or pays for health benefits (such as 
        provider or hospital benefits) on behalf of participants or 
        beneficiaries in connection with an employee health benefit 
        plan.
            (5) Health plan.--
                    (A) In general.--The term ``health plan'' means any 
                group health plan or individual health plan.
                    (B) Group health plan.--The term ``group health 
                plan'' means any contract, policy, certificate, or 
                other arrangement offered by a health plan issuer to a 
                group purchaser that provides or pays for health 
                benefits (such as provider and hospital benefits) in 
                connection with an employee health benefit plan.
                    (C) Individual health plan.--The term ``individual 
                health plan'' means any contract, policy, certificate, 
                or other arrangement offered by a health plan issuer to 
                individuals that provides or pays for health benefits 
                (such as provider and hospital benefits) and that is 
                not a group health plan.
                    (D) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers' compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
                        care, home health care, community-based care, 
                        or any combination thereof.
                    (E) Certain plans included.--Such term includes any 
                plan or arrangement not described in any clause of 
                subparagraph (D) that provides for benefit payments, on 
                a periodic basis, for--
                            (i) a specified disease or illness; or
                            (ii) a period of hospitalization;
                without regard to the costs incurred or services 
                rendered during the period to which the payments 
                relate.
            (6) Health plan issuer.--The term ``health plan issuer'' 
        means any entity that is licensed (prior to or after the date 
        of enactment of this Act) by a State to offer a health plan.
            (7) Participant.--The term ``participant'' has the meaning 
        given such term under section 3(7) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(7)).
            (8) Secretary.--The term ``Secretary'' unless otherwise 
        specified means the Secretary of Labor.

SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR CHILDREN.

    (a) In General.--Except as provided in subsection (b), a health 
plan or an employee health benefit plan shall ensure that coverage is 
provided with respect to a child who is a beneficiary under such plan 
for all medically necessary health care and related services, 
including--
            (1) appropriate screening services at intervals that meet 
        reasonable standards of medical and dental practice;
            (2) all appropriate immunizations;
            (3) necessary case management, transportation, and 
        scheduling assistance; and
            (4) such other necessary health care, diagnostic services, 
        treatment, and other measures to correct or ameliorate defects 
        and physical and mental illnesses and conditions discovered by 
        the screening services, whether or not such services are 
        covered for participants or policyholders under the plan.
    (b) Exception.--Notwithstanding subsection (a), a health plan or an 
employee health benefit plan shall not be required to provide coverage 
for health care and related services that are not safe, are not 
effective, or are experimental.

SEC. 6. PROHIBITIONS.

    In implementing the requirements of this Act, a health plan or an 
employee health benefit plan may not use a service limitation, 
including a lifetime benefit limit, of the plan to deny medically 
necessary health care and related services described in section 4 to a 
child.

SEC. 7. NOTICE.

    (a) Employee Health Benefit Plan.--An employee health benefit plan 
shall provide conspicuous notice to each participant regarding coverage 
required under this Act not later than 120 days after the date of 
enactment of this Act, and as part of its summary plan description.
    (b) Health Plan.--A health plan shall provide notice to each 
policyholder regarding coverage required under this Act. Such notice 
shall be in writing, prominently positioned, and be transmitted--
            (1) in a mailing made within 120 days after the date of 
        enactment of this Act by such plan to the policyholder; and
            (2) as part of the annual informational packet sent to the 
        policyholder.

SEC. 8. APPLICABILITY.

    (a) Construction.--
            (1) In general.--A requirement or standard imposed under 
        this Act on a health plan shall be deemed to be a requirement 
        or standard imposed on the health plan issuer. Such 
        requirements or standards shall be enforced by the State 
        insurance commissioner for the State involved or the official 
        or officials designated by the State to enforce the 
        requirements of this Act. In the case of a health plan offered 
        by a health plan issuer in connection with an employee health 
        benefit plan, the requirements or standards imposed under this 
        Act shall be enforced with respect to the health plan issuer by 
        the State insurance commissioner for the State involved or the 
        official or officials designated by the State to enforce the 
        requirements of this Act.
            (2) Limitation.--Except as provided in section 8(c), the 
        Secretary shall not enforce the requirements or standards of 
        this Act as they relate to health plan issuers or health plans. 
        In no case shall a State enforce the requirements or standards 
        of this Act as they relate to employee health benefit plans.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to affect or modify the provisions of section 514 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1144).

SEC. 9. ENFORCEMENT.

    (a) Health Plan Issuers.--Each State shall require that each health 
plan issued, sold, renewed, offered for sale or operated in such State 
by a health plan issuer meet the standards established under this Act. 
A State shall submit such information as required by the Secretary 
demonstrating effective implementation of the requirements of this Act.
    (b) Employee Health Benefit Plans.--With respect to employee health 
benefit plans, the standards established under this Act shall be 
enforced in the same manner as provided for under sections 502, 504, 
506, and 510 of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in 
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) 
(1) and (2)) shall apply to any information required by the Secretary 
to be disclosed and reported under this section.
    (c) Failure To Enforce.--In the case of the failure of a State to 
substantially enforce the standards and requirements set forth in this 
Act with respect to health plans, the Secretary, in consultation with 
the Secretary of Health and Human Services, shall enforce the standards 
of this Act in such State. In the case of a State that fails to 
substantially enforce the standards set forth in this Act, each health 
plan issuer operating in such State shall be subject to civil 
enforcement as provided for under sections 502, 504, 506, and 510 of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 
1134, 1136, and 1140). The civil penalties contained in paragraphs (1) 
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2)) 
shall apply to any information required by the Secretary to be 
disclosed and reported under this section.
    (d) Regulations.--The Secretary, in consultation with the Secretary 
of Health and Human Services, may promulgate such regulations as may be 
necessary or appropriate to carry out this Act.

SEC. 10. PREEMPTION.

    (a) In General.--The provisions of sections 4, 5, and 6 shall not 
preempt a State law or regulation--
            (1) that provides greater protections to patients or 
        policyholders than those required in this Act; or
            (2) that requires health plans to provide coverage for 
        pediatric care in accordance with guidelines established by the 
        American Academy of Pediatrics or other established 
        professional medical associations.
    (b) Employee Health Benefit Plans.--Nothing in this section affects 
the application of this Act to employee health benefit plans, as 
defined in section 2(3).

SEC. 11. EFFECTIVE DATE.

    Except as otherwise provided for in this Act, the provisions of 
this Act shall apply as follows:
            (1) With respect to health plans, such provisions shall 
        apply to such plans on the first day of the contract year 
        beginning on or after June 1, 1997.
            (2) With respect to employee health benefit plans, such 
        provisions shall apply to such plans on the first day of the 
        first plan year beginning on or after June 1, 1997.

Output: Children's Health Insurance for Long-Term Development Act of 1996 -   Requires health plans and employee health benefit plans to ensure coverage of all medically necessary health care and related services for children during the Infant Neurological Risk Exposure Period (INREP), which extends through age three and encompasses the period of most rapid neurological changes in young children. Prohibits health plans from using a service limitation, including a lifetime benefit limit, to deny medically necessary health care and related services to a child. 
Sets forth enforcement provisions.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Lending Education And 
Reform Act'' and the ``C.L.E.A.R. Act''.

SEC. 2. PROTECTIONS FOR CONSUMERS.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by inserting after section 129A the following 
new section:
``Sec. 129B Protections for consumers
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Affiliate.--The term `affiliate' has the same meaning 
        as in section 129(k).
            ``(2) Electronic signature.--The term `electronic 
        signature' means a signatures in digital or other electronic 
        form that meets the validity requirements of the Electronic 
        Signatures in Global and National Commerce Act.
            ``(3)  Extended payment plan.--The term `extended payment 
        plan' means an amendment to the payday loan that is signed in 
        person or electronically by both the consumer and the creditor 
        reflecting an agreement that the consumer pay the outstanding 
        balance on a payday loan in 4 equal payments, where the period 
        between each payment may not be less than the duration of the 
        original payday loan.
            ``(4) Home state.--
                    ``(A) In general.--The term `home State' means, 
                with respect to any creditor or any affiliate of a 
                creditor, the State in which the primary home office of 
                the creditor or any affiliate of the creditor is 
                located.
                    ``(B) Home office.--The term `home office' means 
                the office that houses a majority of the applicable 
                party's day-to-day management and administrative 
                support functions.
            ``(5) Interest and fees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `interest and fees' includes 
                any charge payable directly or indirectly by the 
                consumer and imposed directly or indirectly by the 
                creditor as an incident to or a condition of the 
                extension of credit.
                    ``(B) Charges not included.--The term `interest and 
                fees' does not include--
                            ``(i) any charge for a default, 
                        delinquency, or similar occurrence; or
                            ``(ii) any charge imposed when, if for any 
                        reason, funds are not made available to pay an 
                        item or authorization delivered to the creditor 
                        in the manner described in subparagraph (A) or 
                        (B) of paragraph (1) to the extent that--
                                    ``(I) the charge does not exceed 
                                the greater of $25 or the amount 
                                charged to the creditor by the 
                                creditor's financial institution; and
                                    ``(II) the charge is only imposed 
                                once per each item or authorization 
                                regardless of whether the item or 
                                authorization is presented for payment 
                                more than once.
            ``(6) Loan store.--The term `loan store' means each 
        location operated by a creditor at which applications for 
        payday loans are received or the proceeds of payday loans are 
        disbursed.
            ``(7) Payday loan; loan.--The terms `payday loan' and 
        `loan' mean a closed-end credit transaction, evidenced by a 
        loan agreement signed by the creditor and the consumer, in 
        person or electronically, unsecured by any interest in the 
        consumer's tangible personal property with a term of at least 7 
        and not more than 90 days in which the amount financed does not 
        exceed $2,000 with a finance charge exceeding an annual 
        percentage rate of 36 percent, and the consumer--
                    ``(A) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, provides a check or other payment 
                instrument to the creditor who agrees with the consumer 
                not to deposit or present the check or payment 
                instrument for more than 1 day; or
                    ``(B) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, authorized the creditor to 
                initiate a debt or debits to the consumer's deposit 
                account (by electronic fund transfer or remotely 
                created check) after 1 or more days.
            ``(8) Payday lender.--The term `payday lender' means any 
        creditor with respect to a payday loan.
            ``(9) Refinancing.--The term `refinancing' means the use of 
        the proceeds of 1 payday loan obtained from a creditor to pay 
        off any amount due to that creditor.
    ``(b) Protections for Consumers.--
            ``(1) Interest and fee cap.--A payday lender may not--
                    ``(A) require a consumer to pay--
                            ``(i) in the case of any original payday 
                        loan, interest and other fees and charges that 
                        total more than 15 cents for every dollar 
                        loaned; and
                            ``(ii) in the case of an original payday 
                        loan originated over the Internet, an 
                        additional origination fee in excess of 5 
                        percent of the original principal loan amount;
                    ``(B) require a consumer to pay interest and fees 
                that, combined, total more than--
                            ``(i) in the case of the 1st refinancing of 
                        an outstanding payday loan, 15 cents for every 
                        dollar of the outstanding original principal 
                        loan amount; and
                            ``(ii) in the case of the 2nd refinancing 
                        of an outstanding payday loan, 10 cents for 
                        every dollar of the outstanding original 
                        principal loan amount; or
                    ``(C) require a consumer to pay an origination fee 
                for a payday loan that is refinanced.
            ``(2) Mandatory disclosures.--A payday lender may not make 
        or refinance a payday loan unless the creditor has first 
        provided the consumer with a copy of a written loan agreement, 
        which shall be signed by the creditor and by the consumer and 
        shall include the following information in English and in the 
        language in which the loan was negotiated:
                    ``(A) A clear and conspicuous description of the 
                terms of the loan, including the total cost of all fees 
                and other charges in connection with the loan stated as 
                a dollar amount, and the consumer's payment obligations 
                under the loan.
                    ``(B) The name, address and telephone number of the 
                creditor making the loan, and the name of title of the 
                individual employee of the creditor who signs the loan 
                agreement on behalf of the creditor.
                    ``(C) The following statements, in at least 14-
                point bold face type:
                            ``(i) Warning.--This loan is not intended 
                        to meet long-term financial needs. This loan 
                        should be used only to meet short-term cash 
                        needs.
                            ``(ii) Credit counseling availability.--You 
                        should consider contacting an independent, 
                        nonprofit credit counseling agency approved by 
                        the National Foundation for Credit Counseling 
                        (NFCC) or by a State or Federal Government 
                        agency. You may obtain information on how to 
                        contact an approved counselor near you by 
                        calling the National Foundation for Credit 
                        Counseling at 1-800-388-2227.
                            ``(iii) No criminal prosecution or security 
                        interest.--You cannot be prosecuted in criminal 
                        court to collect this loan, and the creditor 
                        may not take or attempt to take an interest in 
                        any of your personal property to secure his 
                        loan.
            ``(3) Additional public disclosures.--A payday lender may 
        not make or refinance a payday loan to any consumer unless the 
        following notices are posted conspicuously in English and 
        Spanish and in not less than 1-inch bold print in the 
        creditor's public lending area in each loan store, or, if the 
        loan is made using the Internet, fax or other means, are posted 
        conspicuously on the creditor's public internet site relating 
        to any such payday loan:
                    ``(A) Warning.--This loan is not intended to meet 
                long-term financial needs. This loan should be used 
                only to meet short-term cash needs.
                    ``(B) Credit counseling availability.--You should 
                consider contacting an independent, nonprofit credit 
                counseling agency approved by the National Foundation 
                for Credit Counseling (NFCC) or by a State or Federal 
                Government agency. You may obtain information on how to 
                contact an approved counselor near you by calling the 
                National Foundation for Credit Counseling at 1-800-388-
                2227.
                    ``(C) No criminal prosecution or security 
                interest.--You cannot be prosecuted in criminal court 
                to collect this loan, and the creditor may not take or 
                attempt to take an interest in any of your personal 
                property to secure his loan.
            ``(4) Creditor surety bond requirements.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the creditor has 
                obtained and filed, in accordance with subparagraph 
                (B), a surety bond in the following amount:
                            ``(i) A surety bond in the amount of 
                        $100,000 for each loan store operated by the 
                        creditor, if the creditor operates fewer than 
                        10 loan stores and does not offer any payday 
                        loans over the Internet.
                            ``(ii) A surety bond in the amount of 
                        $1,000,000, if the creditor operates 10 or more 
                        loan stores or offers loans over the Internet.
                            ``(iii) Such greater amount as may be 
                        required by applicable State law.
                    ``(B) Bond requirements.--The surety bond obtained 
                by a payday lender to meet the requirements of 
                subparagraph (A) shall be filed with, and for the 
                benefit of, the State attorney general in the 
                creditor's home state.
                    ``(C) Aggregation of lender and affiliate under 
                certain circumstances.--For purposes of this paragraph, 
                a creditor and each affiliate of a creditor which has 
                the same home State as the creditor may aggregate the 
                loan stores operated by such creditor and any such 
                affiliate for purposes of determining the amount of the 
                surety bond required to be filed under subparagraph 
                (A).
            ``(5) Extended payment plan.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the terms of the loan 
                require the creditor, upon receiving notice from the 
                consumer of an inability to repay prior to close of 
                business on the last business day before the original 
                due date of the loan, provides the consumer with notice 
                of and the right to opt into an extended payment plan, 
                without charge, 1 time in any 12 month period.
                    ``(B) Limitation during extended payment plan.--A 
                creditor may not engage in any collection activity (or 
                procure the services of any other for such purpose) 
                during the term of any extended payment plan.
            ``(6) Refinancing.--A payday lender may not--
                    ``(A) refinance a payday loan for less than 7 days;
                    ``(B) refinance a payday loan more than 2 
                consecutive times; refinance a payday loan without 
                terminating the previous agreement and entering into a 
                new agreement that the creditor and consumer each sign 
                in person or with an electronic signature; or
                    ``(C) require a consumer to pay interest and fees 
                in connection with a refinancing that, combined, total 
                more than the amount permitted under paragraph 
                (1)(B).''.
    (b) Technical and Conforming Amendments.--
            (1) Disclosures.--Section 128(a)(4) of the Truth in Lending 
        Act (U.S.C. 1638(a)(4)) is amended--
                    (A) by striking ``or'' after ``does not exceed 
                $5,'' and
                    (B) by inserting ``, or if the loan is subject to 
                section 129B''.
            (2) Effect on other laws.--Section 111 of the Truth in 
        Lending Act (U.S.C. 1610) is amended--
                    (A) in subsection (b), by inserting ``subsection 
                (f) of this section and'' after ``Except as provided 
                in''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Payday Loans.--
            ``(1) In general.--The following provisions of the law of 
        any State shall not apply to any payday loan, or any 
        refinancing of a payday loan, that is subject to section 129B:
                    ``(A) Any provision requiring minimum loan terms.
                    ``(B) Any provision prohibiting, defining or 
                limiting any refinancing.
                    ``(C) Any provision prohibiting or limiting the use 
                of a check or debit authorization to originate a payday 
                loan.
                    ``(D) Any provision prohibiting or mandating 
                extended payment plans.
                    ``(E) Any provision limiting the rate or amount of 
                interest and fees or default, delinquency or not 
                sufficient fund fees or other charges which may be 
                taken, received or reserved by creditors for payday 
                loans or any refinancing of a payday loan.
            ``(2) Enforcement.--Notwithstanding paragraph (1), any 
        State may employ or establish State laws for the purpose of 
        enforcing the requirements of section 129B.''.
    (c) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 129 the following new items:

``129A. Fiduciary duty of servicers of pooled residential mortgages.
``129B. Protections for consumers.''.

Output: Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan.

Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated.

Requires a payday lender to file a surety bond.

Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period.

Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Crop Insurance Fairness 
Act''.

SEC. 2. LEVELS OF COVERAGE IN EXCESS OF 75 PERCENT OF RECORDED OR 
              APPRAISED AVERAGE YIELD.

    Subsection (a) of section 508 of the Federal Crop Insurance Act (7 
U.S.C. 1508(a)) is amended to read as follows:
    ``(a) Authority to Offer Insurance.--
            ``(1) In general.--If sufficient actuarial data are 
        available, as determined by the Board, the Corporation may 
        insure producers of agricultural commodities grown in the 
        United States under any plan or plans of insurance determined 
        by the Board to be adapted to the agricultural commodity 
        involved.
            ``(2) Causes.--The insurance shall be against loss of the 
        insured commodity due to unavoidable causes, including drought, 
        flood, hail, wind, frost, winterkill, lightning, fire, 
        excessive rain, snow, wildlife, hurricane, tornado, insect 
        infestation, plant disease, and such other unavoidable causes 
        as may be determined by the Board.
            ``(3) Period.--
                    ``(A) In general.--Except in the case of tobacco, 
                insurance shall not extend beyond the period the 
                insured commodity is in the field.
                    ``(B) Definition of field.--For purposes of 
                subparagraph (A), in the case of aquacultural species, 
                the term `field' means the environment in which the 
                commodity is produced.
            ``(4) Standard yield coverage.--
                    ``(A) In general.--Subject to subparagraph (B), any 
                insurance offered against loss in yield shall make 
                available to producers protection against loss in yield 
                that covers 75 percent of the recorded or appraised 
                average yield of the commodity on the insured farm for 
                a representative period.
                    ``(B) Adjustments.--Average yields established 
                under subparagraph (A) shall be subject to such 
                adjustments as the Board may prescribe to the end that 
                the average yields fixed for farms in the same area, 
                that are subject to the same conditions, may be fair 
                and just.
            ``(5) Lesser yield coverage.--In addition, the Corporation 
        shall make available to producers lesser levels of yield 
        coverage, including a level of coverage at 50 percent of the 
        recorded or appraised average yield, as adjusted.
            ``(6) Adjusted yields.--In the case of any commodity for 
        which the Agricultural Stabilization and Conservation Service 
        has established for the farming unit involved an adjusted yield 
        for the purposes of programs administered by the Service (or a 
        yield for crop insurance purposes under this title), if the 
        yield is greater than the recorded or the appraised yield, as 
        established by the Corporation, of a commodity on the farming 
        unit, insurance coverage may be provided to cover against the 
        loss in yield of the commodity on the basis of the adjusted 
        yield for the commodity established by the Service rather than 
        the recorded or appraised yield as established by the 
        Corporation.
            ``(7) Additional premiums.--Additional insurance under this 
        subsection shall be provided for an additional premium (for 
        which no premium subsidy or administrative subsidy may be 
        provided) set at such rate as the Board determines--
                    ``(A) appropriate to reflect accurately the 
                increased risk involved; and
                    ``(B) actuarially sufficient to--
                            ``(i) cover claims for losses on the 
                        insurance; and
                            ``(ii) establish a reasonable reserve 
                        against unforeseen losses.
            ``(8) Levels of coverage in excess of 75 percent of 
        recorded or appraised average yield.--The Corporation may make 
        available to producers on a farm located in a growing area a 
        level of coverage in excess of 75 percent of the recorded or 
        appraised average yield, as adjusted, if the Corporation 
        determines that normal variations in yield in the growing area 
        have not resulted in the payment of claims for losses while the 
        level of coverage is limited to 75 percent.
            ``(9) Maximum level of coverage.--Except as provided in 
        paragraphs (6) through (8), the Corporation may not make 
        available to producers any level of coverage in excess of 75 
        percent of the recorded or appraised average yield, as 
        adjusted.
            ``(10) Projected market price option.--One of the price 
        elections offered shall approximate (but be not less than 90 
        percent of) the projected market price for the commodity 
        involved, as determined by the Board.
            ``(11) Uninsured losses.--Insurance provided under this 
        subsection shall not cover losses due to--
                    ``(A) the neglect or malfeasance of the producer;
                    ``(B) the failure of the producer to reseed to the 
                same crop in areas and under circumstances where it is 
                customary to so reseed; or
                    ``(C) the failure of the producer to follow 
                established good farming practices.
            ``(12) Insurance risks.--The Board may limit or refuse 
        insurance in any county or area, or on any farm, on the basis 
        of the insurance risk involved.
            ``(13) Agricultural income in counties.--Insurance shall 
        not be provided on any agricultural commodity in any county in 
        which the Board determines that the income from the commodity 
        constitutes an unimportant part of the total agricultural 
        income of the county, except that insurance may be provided for 
        producers on farms situated in a local producing area bordering 
        on a county with a crop-insurance program.
            ``(14) Annual reports.--The Corporation shall report 
        annually to Congress the results of the operations of the 
        Corporation as to each commodity insured.
            ``(15) Project market price level.--Beginning with the 1992 
        crop year, the Corporation shall establish a price level for 
        each commodity on which insurance is offered that shall not be 
        less than the projected market price for the commodity, as 
        determined by the Board.
            ``(16) Price election.--Insurance coverage shall be made 
        available to a producer on the basis of any price election that 
        equals or is less than that established by the Board. The 
        coverage shall be quoted in terms of dollars per acre.''.

SEC. 3. LATE PLANTING COVERAGE.

    Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is 
amended by adding at the end the following new subsection:
    ``(n) Late Planting Coverage.--
            ``(1) In general.--Producers on a farm entering into a crop 
        insurance contract under this Act shall be offered late 
        planting coverage that would permit planting after the final 
        planting date for a commodity by up to 25 days for coverage 
        under the contract.
            ``(2) Reduction of coverage.--If the producers on a farm 
        purchase late planting coverage under paragraph (1), the yield 
        guarantee shall be reduced by--
                    ``(A) 1 percent per day for each of the 1st through 
                10th days planting is delayed beyond the normal final 
                planting date;
                    ``(B) 2 percent per day for each of the 11th 
                through 25th days planting is delayed beyond the normal 
                final planting date; and
                    ``(C) such other amounts as can be demonstrated to 
                offset the additional insurer risk of providing the 
                coverage.
            ``(3) Presumption of coverage.--The producers on a farm 
        shall have late planting coverage as part of a basic policy of 
        insurance under this Act unless the producers notify the 
        Corporation that the producers waive late planting coverage.
            ``(4) Raises in premiums.--If the Corporation determines 
        that late planting coverage would raise premiums to such an 
        extent as to discourage participation in the program 
        established by this Act, the Corporation shall offer late 
        planting as a separate endorsement.''.

SEC. 4. PREVENTED PLANTING COVERAGE.

    Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as 
amended by section 3 of this Act) is further amended by adding at the 
end the following new subsection:
    ``(o) Prevented Planting Coverage.--
            ``(1) In general.--Producers on a farm entering into a crop 
        insurance contract under this Act shall have prevented planting 
        coverage as part of the basic policy of insurance under this 
        Act.
            ``(2) Coverage.--If the producers on a farm are prevented 
        from planting a crop of a covered commodity as the result of 
        excess moisture, drought, or other natural disaster, the 
        producers shall be eligible for coverage equal to 50 percent of 
        the guaranteed level of coverage for the crop.
            ``(3) Substitute crop.--The producers on a farm shall have 
        the option of planting a substitute crop, in lieu of an insured 
        crop, as part of the basic policy of insurance under this Act. 
        The value of the substitute crop shall offset the remaining 
        guaranteed level of coverage for the insured crop.
            ``(4) Presumption of coverage.--The producers on a farm 
        shall have prevented planting coverage as part of a basic 
        policy of insurance made available under this Act unless the 
        producers notify the Corporation that the producers waive 
        prevented planting coverage.
            ``(5) Raises in premiums.--If the Corporation determines 
        that prevented planting coverage would raise premiums to such 
        an extent as to discourage participation in the program 
        established by this Act, the Corporation shall offer prevented 
        planting as a separate endorsement.''.

SEC. 5. ELIMINATION OF PENALTY FOR DE MINIMIS YIELDS.

    Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as 
amended by section 4 of this Act) is further amended by adding at the 
end the following new subsection:
    ``(p) De Minimis Yields.--The Corporation shall, to the extent 
practicable, establish a procedure under which a producer of an insured 
crop that has suffered a disaster loss shall not have deducted from the 
indemnity payment attributable to the loss any amount for actual 
production of the crop if the estimated market value of the actual 
production is less than the cost to the producer of harvesting the 
production.''.

SEC. 6. YIELD AVERAGES.

    Section 508A(b) of the Federal Crop Insurance Act (7 U.S.C. 
1508a(b)) is amended by adding at the end the following new paragraph:
            ``(4) Yield averages.--
                    ``(A) In general.--Yield coverage under this 
                section shall be based on the average of a producer's 
                actual proven crop yields for a commodity over no less 
                than 4 crop years and no more than 10 crop years, as 
                determined under this paragraph.
                    ``(B) Establishing a minimum level of insurance 
                protection.--The Corporation shall establish a minimum 
                level of insurance protection for those covered 
                producers who have had reduced yields due to natural 
                disasters.
                    ``(C) Use of transitional or actual yields.--
                Transitional yield data may only be used to establish a 
                yield for the producers on a farm to the extent the 
                producers have not established actual production 
                history for the first 4 crop years the producers 
                operate the farm. After producers establish actual 
                production history for the first 4 crop years the 
                producers operate the farm, yield coverage under this 
                section shall be based only on the actual production 
                history for the commodity for the farm.
                    ``(D) Use of yields for previous crop years.--In 
                the case of producers on a farm who operate a new 
                parcel of land, for crop insurance purposes, the 
                producers may elect to apply--
                            ``(i) the previous yield history for the 
                        land, if the Corporation determines the yield 
                        data to be actuarially sound; or
                            ``(ii) transitional yield data to the 
                        parcel of land.
                    ``(E) Nonstandard classification procedures.--The 
                Corporation shall make adjustments in the Nonstandard 
                Classification procedures established under subpart O 
                of part 400 of chapter IV of subtitle B of title 7, 
                Code of Federal Regulations, to account for producer 
                yield declines due to recurrent natural disasters.
                    ``(F) Definition of transitional yield.--For 
                purposes of this paragraph, the term `transitional 
                yield' means the countywide average used by the 
                Corporation to establish a yield for the producers on a 
                farm if there are no actual production records 
                available for the producers.''.


Output: Federal Crop Insurance Fairness Act - Amends the Federal Crop Insurance Act with respect to:  (1) yield averages; (2) late planting coverage; (3) prevented planting coverage; and (4) de minimis yield penalties.