S.Amdt. 2266

1. Strikes section 1105

   Strikes

   In S. 3240 · Placed on Calendar Senate

   Struck: SEC. 1105. AGRICULTURE RISK COVERAGE.

   Struck: (a) Payments Required.--If the Secretary determines that payments are required under subsection (c), the Secretary shall make payments for each covered commodity available to producers in accordance with this section.

   Struck: (b) Coverage Election.--

   Struck: (1) In general.--For the period of crop years 2013 through 2017, the producers shall make a 1-time, irrevocable election to receive--

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   Struck: (A) individual coverage under this section, as determined by the Secretary; or

   Struck: (B) in the case of a county with sufficient data (as determined by the Secretary), county coverage under this section.

   Struck: (2) Effect of election.--The election made under paragraph (1) shall be binding on the producers making the election, regardless of covered commodities planted, and applicable to all acres under the operational control of the producers, in a manner that--

   Struck: (A) acres brought under the operational control of the producers after the election are included; and

   Struck: (B) acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers.

   Struck: (3) Duties of the secretary.--The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing the election made under paragraph (1).

   Struck: (c) Agriculture Risk Coverage.--

   Struck: (1) Payments.--The Secretary shall make agriculture risk coverage payments available under this subsection for each of the 2013 through 2017 crop years if the Secretary determines that--

   Struck: (A) the actual crop revenue for the crop year for the covered commodity; is less than (B) the agriculture risk coverage guarantee for the crop year for the covered commodity.

   Struck: (2) Time for payments.--If the Secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity, the agriculture risk coverage payments shall be made as soon as practicable thereafter.

   Struck: (3) Actual crop revenue.--The amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying--

   Struck: (A)(i) in the case of individual coverage, the actual average individual yield for the covered commodity, as determined by the Secretary; or

   Struck: (ii) in the case of county coverage, the actual average yield for the county for the covered commodity, as determined by the Secretary; and

   Struck: (B) the higher of--

   Struck: (i) the midseason price; or

   Struck: (ii) if applicable, the national marketing assistance loan rate for the covered commodity under subtitle B.

   Struck: (4) Agriculture risk coverage guarantee.--

   Struck: (A) In general.--The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 89 percent of the benchmark revenue.

   Struck: (B) Benchmark revenue.--

   Struck: (i) In general.--The benchmark revenue shall be the product obtained by multiplying--

   Struck: (I)(aa) in the case of individual coverage, subject to clause (ii), the average individual yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; or

   Struck: (bb) in the case of county coverage, the average county yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and

   Struck: (II) subject to clause (iii), the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices.

   Struck: (ii) Use of transitional yields.--If the yield determined under clause (i)(I)(aa)--

   Struck: (I) for the 2012 crop year or any prior crop year, is less than 60 percent of the applicable transitional yield, the Secretary shall use 60 percent of the applicable transitional yield for that crop year; and

   Struck: (II) for the 2013 crop year and any subsequent crop year, is less than 70 percent of the applicable transitional yield, the Secretary shall use 70 percent of the applicable transitional yield for that crop year.

   Struck: (iii) Special rule for rice and peanuts.-- If the national marketing year average price under clause (i)(II) for any of the applicable crop years is lower than the price for the covered commodity listed below, the Secretary shall use the following price for that crop year:

   Struck: (I) For long grain rice, $13.00 per hundredweight.

   Struck: (II) For medium grain rice, $13.00 per hundredweight.

   Struck: (III) For peanuts, $530.00 per ton.

   Struck: (5) Payment rate.--The payment rate for each covered commodity shall be equal to the lesser of--

   Struck: (A) the amount that--

   Struck: (i) the agriculture risk coverage guarantee for the covered commodity; exceeds (ii) the actual crop revenue for the crop year of the covered commodity; or

   Struck: (B) 10 percent of the benchmark revenue for the crop year of the covered commodity.

   Struck: (6) Payment amount.--If agriculture risk coverage payments under this subsection are required to be paid for any of the 2013 through 2017 crop years of a covered commodity, the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying--

   Struck: (A) the payment rate under paragraph (5); and

   Struck: (B)(i) in the case of individual coverage the sum of--

   Struck: (I) 65 percent of the planted eligible acres of the covered commodity; and

   Struck: (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity; or

   Struck: (ii) in the case of county coverage--

   Struck: (I) 80 percent of the planted eligible acres of the covered commodity; and

   Struck: (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity.

   Struck: (7) Duties of the secretary.--In carrying out the program under this subsection, the Secretary shall--

   Struck: (A) to the maximum extent practicable, use all available information and analysis to check for anomalies in the determination of payments under the program;

   Struck: (B) to the maximum extent practicable, calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities;

   Struck: (C) differentiate by type or class the national average price of--

   Struck: (i) sunflower seeds;

   Struck: (ii) barley, using malting barley values; and

   Struck: (iii) wheat; and

   Struck: (D) assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary cannot establish the yield as determined under paragraph (3)(A)(ii) or (4)(B)(i) or if the yield determined under paragraph (3)(A)(ii) or (4) is an unrepresentative average yield for the covered commodity as determined by the Secretary.

   Original wording

   Strike section 1105.

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