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Title 7 — Agriculture

Chapter 115 — Agricultural Commodity Policy and Programs

§ 9016. Price loss coverage

Statutory text

(a)

Price loss coverage payments

If all of the producers on a farm make the election under subsection (a) or (h) of section 9015 of this title to obtain price loss coverage or, subject to subsection (c)(1) of such section, are deemed to have made such election under subsection (c)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered commodity-by-covered-commodity basis if the Secretary determines that—

(1)

for any of the 2014 through 2018 crop years—

(A)

the effective price for the covered commodity for the crop year; is less than

(B)

the reference price for the covered commodity for the crop year; or

(2)

for any of the 2019 through 2031 crop years—

(A)

the effective price for the covered commodity for the crop year; is less than

(B)

the effective reference price for the covered commodity for the crop year.

(b)

Effective price

The effective price for a covered commodity for a crop year shall be the higher of—

(1)

the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or

(2)

the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subchapter II.

(c)

Payment rate

(1)

In general

(A)

2014 through 2018 crop years

For the 2014 through 2018 crop years, the payment rate shall be equal to the difference between—

(i)

the reference price for the covered commodity; and

(ii)

the effective price determined under subsection (b) for the covered commodity.

(B)

2019 through 2031 crop years

For the 2019 through 2031 crop years, the payment rate shall be equal to the difference between—

(i)

the effective reference price for the covered commodity; and

(ii)

the effective price determined under subsection (b) for the covered commodity.

(2)

Announcement

Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1).

(3)

Insufficient data

In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the payment rate for the most recent 12-month marketing year by the date described in paragraph (2) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, the Secretary shall publish the payment rate as soon as practicable after the marketing year data are made available.

(d)

Payment amount

If price loss coverage payments are required to be provided under this section for any of the 2014 through 2031 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying—

(1)

the payment rate for the covered commodity under subsection (c);

(2)

the payment yield for the covered commodity; and

(3)

the payment acres for the covered commodity.

(e)

Time for payments

If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity.

(f)

Effective price for barley

In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price.

(g)

Reference price for temperate japonica rice

In order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to the amount established under paragraph (19)(A)(vi) of section 9011 of this title, as adjusted by paragraph (8) of such section, multiplied by the ratio obtained by dividing—

(1)

the simple average of the marketing year average price of medium grain rice from the 2017 through 2021 crop years; by

(2)

the simple average of the marketing year average price of all rice from the 2017 through 2021 crop years.

(h)

Effective price for seed cotton

(1)

In general

The effective price for seed cotton under subsection (b) shall be equal to the marketing year average price for seed cotton, as calculated under paragraph (2).

(2)

Calculation

The marketing year average price for seed cotton for a crop year shall be equal to the quotient obtained by dividing—

(A)

the sum obtained by adding—

(i)

the product obtained by multiplying—

(I)

the upland cotton lint marketing year average price; and

(II)

the total United States upland cotton lint production, measured in pounds; and

(ii)

the product obtained by multiplying—

(I)

the cottonseed marketing year average price; and

(II)

the total United States cottonseed production, measured in pounds; by

(B)

the sum obtained by adding—

(i)

the total United States upland cotton lint production, measured in pounds; and

(ii)

the total United States cottonseed production, measured in pounds.

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.

  1. Agricultural Act of 2014

    Pub. L. 113–79 title I § 1116 · 128 Stat. 649

    Enacted · 7 U.S.C. § 9016

    Pub. L. 113–79, title I, § 1116, Feb. 7, 2014, 128 Stat. 668

    Source evidence

    Code source credit
    Pub. L. 113–79, title I, § 1116, Feb. 7, 2014, 128 Stat. 668

    Enacted provision · exact public law section
    SEC. 1116. PRICE LOSS COVERAGE. (a) Price Loss Coverage Payments.— If all of the producers on a farm make the election under subsection (a) of section 1115 to obtain price loss coverage or, subject to subsection (c)(1) of such section, are deemed to have made such election under subsection (c)(2) of such section, the Secretary shall make price loss coverage payments to producers on the farm on a covered commodity-by-covered-commodity basis if the Secretary determines that, for any of the 2014 through 2018 crop years— (1) the effective price for the covered commodity for the crop year; is less than (2) the reference price for the covered commodity for the crop year. (b) Effective Price.— The effective price for a covered commodity for a crop year shall be the higher of— (1) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or (2) the national average loan rate for a marketing assistance loan for the covered commodity in effect for such crop year under subtitle B. (c) Payment Rate.— The payment rate shall be equal to the difference between— (1) the reference price for the covered commodity; and (2) the effective price determined under subsection (b) for the covered commodity. (d) Payment Amount.— If price loss coverage payments are required to be provided under this section for any of the 2014 through 2018 crop years for a covered commodity, the amount of the price loss coverage payment to be paid to the producers on a farm for the crop year shall be equal to the product obtained by multiplying— (1) the payment rate for the covered commodity under subsection (c); (2) the payment yield for the covered commodity; and (3) the payment acres for the covered commodity. (e) Time for Payments.— If the Secretary determines under this section that price loss coverage payments are required to be provided for the covered commodity, the payments shall be made beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity. (f) Effective Price for Barley.— In determining the effective price for barley under subsection (b), the Secretary shall use the all-barley price. (g) Reference Price for Temperate Japonica Rice.— The Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to 115 percent of the amount established in subparagraphs (F) and (G) of section 1111(18) in order to reflect price premiums.

  2. Improvements to Agriculture Programs Act of 2018

    Pub. L. 115–123 div. F § 60101(a)(8) · 132 Stat. 64

    Added · 7 U.S.C. § 9016(h)

    Pub. L. 115–123 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–123 added subsec. (h).

    Enacted provision · exact public law section
    (8) Effective price.— Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is amended by adding at the end the following: “(h) Effective Price for Seed Cotton.— “(1) In general.— The effective price for seed cotton under subsection (b) shall be equal to the marketing year average price for seed cotton, as calculated under paragraph (2). “(2) Calculation.— The marketing year average price for seed cotton for a crop year shall be equal to the quotient obtained by dividing— “(A) the sum obtained by adding— “(i) the product obtained by multiplying— “(I) the upland cotton lint marketing year average price; and “(II) the total United States upland cotton lint production, measured in pounds; and “(ii) the product obtained by multiplying— “(I) the cottonseed marketing year average price; and “(II) the total United States cottonseed production, measured in pounds; by “(B) the sum obtained by adding— “(i) the total United States upland cotton lint production, measured in pounds; and “(ii) the total United States cottonseed production, measured in pounds.” .

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1106(1) · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 9016(a)

      Pub. L. 115–334, § 1106(1), in introductory provisions, inserted “or (h)” after “subsection (a)”

    2. Substituted · 7 U.S.C. § 9016(a)

      Pub. L. 115–334, § 1106(1), in introductory provisions, substituted “determines that—” for “determines that, for any of the 2014 through 2018 crop years—”

    3. Inserted · 7 U.S.C. § 9016(a)

      Pub. L. 115–334, § 1106(1), in introductory provisions, inserted par. (1) designation and introductory provisions

    4. Redesignated · 7 U.S.C. § 9016(a)

      Pub. L. 115–334, § 1106(1), in introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins

    5. Added · 7 U.S.C. § 9016(a)

      Pub. L. 115–334, § 1106(1), in introductory provisions, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–334, § 1106(1), in introductory provisions, inserted “or (h)” after “subsection (a)” and substituted “determines that—” for “determines that, for any of the 2014 through 2018 crop years—”, inserted par. (1) designation and introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated)— (i) by inserting “or (h)” after “subsection (a)”; and (ii) by striking “determines that, for any of the 2014 through 2018 crop years—” and inserting “determines that— “(1) for any of the 2014 through 2018 crop years—” ; (C) in paragraph (1)(B) (as so redesignated), by striking the period at the end and inserting “; or”; and (D) by adding at the end the following: “(2) for any of the 2019 through 2023 crop years— “(A) the effective price for the covered commodity for the crop year; is less than “(B) the effective reference price for the covered commodity for the crop year.” ;

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1106(2) · 132 Stat. 4490

    1. Amended · 7 U.S.C. § 9016(c)

      Pub. L. 115–334, § 1106(2), designated existing provisions as par. (1) and subpar. (A)

    2. Substituted · 7 U.S.C. § 9016(c)

      Pub. L. 115–334, § 1106(2), inserted par. and subpar. headings, in introductory provisions of subpar. (A) substituted “For the 2014 through 2018 crop years, the payment rate” for “The payment rate”

    3. Redesignated · 7 U.S.C. § 9016(c)

      Pub. L. 115–334, § 1106(2), redesignated former pars. (1) and (2) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins

    4. Added · 7 U.S.C. § 9016(c)

      Pub. L. 115–334, § 1106(2), added subpar. (B)

    5. Added · 7 U.S.C. § 9016(c)

      Pub. L. 115–334, § 1106(2), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334, § 1106(2), designated existing provisions as par. (1) and subpar. (A), inserted par. and subpar. headings, in introductory provisions of subpar. (A) substituted “For the 2014 through 2018 crop years, the payment rate” for “The payment rate”, redesignated former pars. (1) and (2) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, added subpar. (B), and added pars. (2) and (3).

    Enacted provision · exact public law section
    (2) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking “The payment rate” and inserting the following: “(1) In general.— “(A) 2014 through 2018 crop years.— For the 2014 through 2018 crop years, the payment rate” ; (C) in paragraph (1) (as so designated), by adding at the end the following: “(B) 2019 through 2023 crop years.— For the 2019 through 2023 crop years, the payment rate shall be equal to the difference between— “(i) the effective reference price for the covered commodity; and “(ii) the effective price determined under subsection (b) for the covered commodity.” ; and (D) by adding at the end the following: “(2) Announcement.— Not later than 30 days after the end of each applicable 12-month marketing year for each covered commodity, the Secretary shall publish the payment rate determined under paragraph (1). “(3) Insufficient data.— In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the payment rate for the most recent 12-month marketing year by the date described in paragraph (2) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, the Secretary shall publish the payment rate as soon as practicable after the marketing year data are made available.” ; and

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 1106(3) · 132 Stat. 4490

    1. Added · 7 U.S.C. § 9016(g)

      Pub. L. 115–334, § 1106(3), added subsec. (g)

    2. Struck · 7 U.S.C. § 9016(g)

      Pub. L. 115–334, § 1106(3), struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to 115 percent of the amount established in subparagraphs (F) and (G) of section 9011(18) of this title in order to reflect price premiums.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–334, § 1106(3), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to 115 percent of the amount established in subparagraphs (F) and (G) of section 9011(18) of this title in order to reflect price premiums.”

    Enacted provision · exact public law section
    (3) by striking subsection (g) and inserting the following: “(g) Reference Price for Temperate Japonica Rice.— In order to reflect price premiums, the Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to the amount established under subparagraph (F) of section 1111(19), as adjusted by paragraph (8) of such section, multiplied by the ratio obtained by dividing— “(1) the simple average of the marketing year average price of medium grain rice from the 2012 through 2016 crop years; by “(2) the simple average of the marketing year average price of all rice from the 2012 through 2016 crop years.” .

  6. Further Continuing Appropriations and Other Extensions Act, 2024

    Pub. L. 118–22 div. B title I § 102(c)(3) · 137 Stat. 112

    Substituted · 7 U.S.C. § 9016(d)

    Pub. L. 118–22 substituted “2024” for “2018” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–22 substituted “2024” for “2018” in introductory provisions.

    Enacted provision · exact public law section
    (3) Extension of payment amount.— Section 1116(d) of the Agricultural Act of 2014 (7 U.S.C. 9016(d)) is amended, in the matter preceding paragraph (1), by striking “2018” and inserting “2024”.

  7. Pub. L. 118–158 div. D § 4101(c)(3) · 138 Stat. 1768

    Substituted · 7 U.S.C. § 9016(d)

    Pub. L. 118–158 substituted “2025” for “2024” in introductory provisions

    Unresolved: Pub. L. 118–158 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–158 substituted “2025” for “2024” in introductory provisions.

    Effective date note
    Amendment by Pub. L. 118–158 to be applied and administered as if enacted on Sept. 30, 2024, see section 4101(g) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.

  8. Pub. L. 119–21 § 10304(1) · 139 Stat. 90

    Substituted · 7 U.S.C. § 9016(a)(2)

    Pub. L. 119–21, § 10304(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)(2). Pub. L. 119–21, § 10304(1), substituted “2031” for “2023” in introductory provisions.

  9. Pub. L. 119–21 § 10304(2) · 139 Stat. 90

    Substituted · 7 U.S.C. § 9016(c)(1)(B)

    Pub. L. 119–21, § 10304(2), substituted “2031” for “2023” in heading and introductory provisions

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 119–21, § 10304(2), substituted “2031” for “2023” in heading and introductory provisions.

  10. Pub. L. 119–21 § 10304(3) · 139 Stat. 90

    Substituted · 7 U.S.C. § 9016(d)

    Pub. L. 119–21, § 10304(3), 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. (d). Pub. L. 119–21, § 10304(3), substituted “2031” for “2023” in introductory provisions.

  11. Pub. L. 119–21 § 10304(4) · 139 Stat. 90

    1. Substituted · 7 U.S.C. § 9016(g)

      Pub. L. 119–21, § 10304(4), substituted “paragraph (19)(A)(vi) of section 9011” for “subparagraph (F) of section 9011(19)” in pars. (1) and (2)

    2. Substituted · 7 U.S.C. § 9016(g)

      Pub. L. 119–21, § 10304(4), substituted “2017 through 2021” for “2012 through 2016” in pars. (1) and (2)

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 119–21, § 10304(4), substituted “paragraph (19)(A)(vi) of section 9011” for “subparagraph (F) of section 9011(19)” in introductory provisions and “2017 through 2021” for “2012 through 2016” in pars. (1) and (2).

15 of 21 references resolved to an enrolled provision · 6 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 · 4 rounds

2025

Subsec. (a)(2). Pub. L. 119–21, § 10304(1), substituted “2031” for “2023” in introductory provisions.

Subsec. (c)(1)(B). Pub. L. 119–21, § 10304(2), substituted “2031” for “2023” in heading and introductory provisions.

Subsec. (d). Pub. L. 119–21, § 10304(3), substituted “2031” for “2023” in introductory provisions.

Subsec. (g). Pub. L. 119–21, § 10304(4), substituted “paragraph (19)(A)(vi) of section 9011” for “subparagraph (F) of section 9011(19)” in introductory provisions and “2017 through 2021” for “2012 through 2016” in pars. (1) and (2).

2024

Subsec. (d). Pub. L. 118–158 substituted “2025” for “2024” in introductory provisions.

2023

Subsec. (d). Pub. L. 118–22 substituted “2024” for “2018” in introductory provisions.

2018

Subsec. (a). Pub. L. 115–334, § 1106(1), in introductory provisions, inserted “or (h)” after “subsection (a)” and substituted “determines that—” for “determines that, for any of the 2014 through 2018 crop years—”, inserted par. (1) designation and introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2).

Subsec. (c). Pub. L. 115–334, § 1106(2), designated existing provisions as par. (1) and subpar. (A), inserted par. and subpar. headings, in introductory provisions of subpar. (A) substituted “For the 2014 through 2018 crop years, the payment rate” for “The payment rate”, redesignated former pars. (1) and (2) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, added subpar. (B), and added pars. (2) and (3).

Subsec. (g). Pub. L. 115–334, § 1106(3), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “The Secretary shall provide a reference price with respect to temperate japonica rice in an amount equal to 115 percent of the amount established in subparagraphs (F) and (G) of section 9011(18) of this title in order to reflect price premiums.”

Subsec. (h). Pub. L. 115–123 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Amendment by Pub. L. 118–158 to be applied and administered as if enacted on , see section 4101(g) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date of 2023 Amendment

Amendment by Pub. L. 118–22 to be applied and administered as if enacted on , see section 102(g) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

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.

Credits

2014–2025 · 6 acts
  1. 2014Pub. L. 113–79, title I, § 1116, , 128 Stat. 668
  2. 2018Pub. L. 115–123, div. F, § 60101(a)(8), , 132 Stat. 310
  3. 2018Pub. L. 115–334, title I, § 1106, , 132 Stat. 4504
  4. 2023Pub. L. 118–22, div. B, title I, § 102(c)(3), , 137 Stat. 116
  5. 2024Pub. L. 118–158, div. D, § 4101(c)(3), , 138 Stat. 1768
  6. 2025Pub. L. 119–21, title I, § 10304, , 139 Stat. 90.
Show as published

(Pub. L. 113–79, title I, § 1116, , 128 Stat. 668; Pub. L. 115–123, div. F, § 60101(a)(8), , 132 Stat. 310; Pub. L. 115–334, title I, § 1106, , 132 Stat. 4504; Pub. L. 118–22, div. B, title I, § 102(c)(3), , 137 Stat. 116; Pub. L. 118–158, div. D, § 4101(c)(3), , 138 Stat. 1768; Pub. L. 119–21, title I, § 10304, , 139 Stat. 90.)

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