Title 7 — Agriculture
Chapter 115 — Agricultural Commodity Policy and Programs
§ 9015. Producer election
Statutory text
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—
price loss coverage under section 9016 of this title on a covered commodity-by-covered-commodity basis; or
agriculture risk coverage under section 9017 of this title.
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—
county coverage applicable on a covered commodity-by-covered-commodity basis; or
individual coverage applicable to all of the covered commodities on the farm.
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—
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
subject to subsection (h), the producers on the farm shall be deemed to have elected, as applicable—
price loss coverage for all covered commodities on the farm for the 2015 through 2018 crop years;
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
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.
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.
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—
in which the producer has an interest; and
for which individual coverage has been selected.
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.
Special election
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.
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.
Option to change election
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.
Applicability
An election change under paragraph (1) shall apply to—
the crop year for which the election change is made; and
each crop year thereafter until another election change is made under that paragraph.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Act of 2014
Pub. L. 113–79 title I § 1115 · 128 Stat. 649
Enacted · 7 U.S.C. § 9015
Pub. L. 113–79, title I, § 1115, Feb. 7, 2014, 128 Stat. 667
Source evidence
Code source credit
Pub. L. 113–79, title I, § 1115, Feb. 7, 2014, 128 Stat. 667Enacted provision · exact public law section
SEC. 1115. PRODUCER ELECTION. (a) Election Required.— For the 2014 through 2018 crop years, all of the producers on a farm shall make a 1-time, irrevocable election to obtain— (1) price loss coverage under section 1116 on a covered commodity-by-covered-commodity basis; or (2) agriculture risk coverage under section 1117. (b) Coverage Options.— 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 1117 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— (1) the Secretary shall not make any payments with respect to the farm for the 2014 crop year under section 1116 or 1117; and (2) the producers on the farm shall be deemed to have elected price loss coverage under section 1116 for all covered commodities on the farm for the 2015 through 2018 crop years. (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 1116 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 1117, 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.Improvements to Agriculture Programs Act of 2018
Pub. L. 115–123 § 60101(a)(7)(A) · 132 Stat. 64
Substituted · 7 U.S.C. § 9015(a)
Pub. L. 115–123, § 60101(a)(7)(A), substituted “Except as provided in subsection (g), for” for “For” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–123, § 60101(a)(7)(A), substituted “Except as provided in subsection (g), for” for “For” in introductory provisions.Enacted provision · exact public law section
(A) in subsection (a), by striking “For” and inserting “Except as provided in subsection (g), for”; andEffective date note
Amendment 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.Improvements to Agriculture Programs Act of 2018
Pub. L. 115–123 § 60101(a)(7)(B) · 132 Stat. 64
Added · 7 U.S.C. § 9015(g)
Pub. L. 115–123, § 60101(a)(7)(B), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–123, § 60101(a)(7)(B), added subsec. (g).Enacted provision · exact public law section
(B) by adding at the end the following: “(g) Special Election.— “(1) In general.— In the case of acres allocated to seed cotton on a farm, 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 1111(6)(B). “(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 1116 for acres allocated on the farm to seed cotton.” .Effective date note
Amendment 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.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 9015(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) in subsection (a), in the matter preceding paragraph (1), by striking “Except as provided in subsection (g), for the 2014 through 2018 crop years” and inserting “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))”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(2) · 132 Stat. 4490
Substituted · 7 U.S.C. § 9015(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(2) in subsection (b), in the matter preceding paragraph (1), by striking “subsection (a), the producers on a farm that elect under paragraph (2) of such subsection to obtain agriculture risk coverage under section 1117” and inserting “subsection (a) or (h), as applicable, the producers on a farm that elect to obtain agriculture risk coverage”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(3)(A) · 132 Stat. 4490
Inserted · 7 U.S.C. § 9015(c)
Pub. L. 115–334, § 1105(3)(A), inserted “or the 2019 crop year, as applicable” after “the 2014 crop year” in introductory provisions
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by inserting “or the 2019 crop year, as applicable” after “2014 crop year”;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(3)(B) · 132 Stat. 4490
Inserted · 7 U.S.C. § 9015(c)(1)
Pub. L. 115–334, § 1105(3)(B), inserted “or the 2019 crop year, as applicable,” after “the 2014 crop year”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–334, § 1105(3)(B), inserted “or the 2019 crop year, as applicable,” after “the 2014 crop year”.Enacted provision · exact public law section
(B) in paragraph (1), by inserting “or the 2019 crop year, as applicable,” after “2014 crop year”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(3)(C) · 132 Stat. 4490
Added · 7 U.S.C. § 9015(c)(2)
Pub. L. 115–334, § 1105(3)(C), added par. (2)
Struck · 7 U.S.C. § 9015(c)(2)
Pub. L. 115–334, § 1105(3)(C), 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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(C) by striking paragraph (2) and inserting the following: “(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; and “(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.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(4) · 132 Stat. 4490
Inserted · 7 U.S.C. § 9015(g)(1)
Pub. L. 115–334, § 1105(4), inserted “for the 2018 crop year,” after “allocated to seed cotton on a farm,”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 115–334, § 1105(4), inserted “for the 2018 crop year,” after “allocated to seed cotton on a farm,”.Enacted provision · exact public law section
(4) in subsection (g)(1), by inserting “for the 2018 crop year,” before “all of the producers”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 1105(5) · 132 Stat. 4490
Added · 7 U.S.C. § 9015(h)
Pub. L. 115–334, § 1105(5), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 115–334, § 1105(5), added subsec. (h).Enacted provision · exact public law section
(5) by adding at the end the following: “(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.” .Pub. L. 119–21 § 10303(a)(1) · 139 Stat. 89
Substituted · 7 U.S.C. § 9015(a)
Pub. L. 119–21, § 10303(a)(1), substituted “2031” for “2023” in introductory provisions
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–21, § 10303(a)(1), substituted “2031” for “2023” in introductory provisions.Pub. L. 119–21 § 10303(a)(2)(A) · 139 Stat. 89
Substituted · 7 U.S.C. § 9015(c)
Pub. L. 119–21, § 10303(a)(2)(A), in introductory provisions, substituted “crop year,” for “crop year or”
Inserted · 7 U.S.C. § 9015(c)
Pub. L. 119–21, § 10303(a)(2)(A), in introductory provisions, inserted “or the 2026 crop year,” after “2019 crop year,”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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,”.Pub. L. 119–21 § 10303(a)(2)(B) · 139 Stat. 89
Substituted · 7 U.S.C. § 9015(c)(1)
Pub. L. 119–21, § 10303(a)(2)(B), substituted “crop year,” for “crop year or”
Inserted · 7 U.S.C. § 9015(c)(1)
Pub. L. 119–21, § 10303(a)(2)(B), inserted “or the 2026 crop year,” after “2019 crop year,”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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,”.Pub. L. 119–21 § 10303(a)(2)(C) · 139 Stat. 89
Added · 7 U.S.C. § 9015(c)(2)(C)
Pub. L. 119–21, § 10303(a)(2)(C), added subpar. (C)
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 119–21, § 10303(a)(2)(C), added subpar. (C).Pub. L. 119–21 § 10303(a)(3) · 139 Stat. 89
Added · 7 U.S.C. § 9015(i)
Pub. L. 119–21, § 10303(a)(3), added subsec. (i)
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (i). Pub. L. 119–21, § 10303(a)(3), added subsec. (i).
11 of 18 references resolved to an enrolled provision · 7 unresolved
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.
Amendments2018–2025 · 2 rounds
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 Amendment
Amendment 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.