1 So in original. The second closing parenthesis probably should not appear.
, including notice and reasonable opportunity to respond, as determined by the Board, the applicant shall return to the Board the amount of the advance plus interest.
Editorial Notes
Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2018—Subsec. (span)(1)(B). Puspan. L. 115–334, § 11120(a)(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “An applicant who submits a policy under section 1508(h) of this title shall be eligible for the reimbursement of reasonable research and development costs directly related to the policy if the policy is approved by the Board for sale to producers.”

Subsec. (span)(2)(K). Puspan. L. 115–334, § 11121(1), added subpar. (K).

Subsec. (span)(3). Puspan. L. 115–334, § 11121(2), designated existing provisions as subpar. (A), inserted span, substituted “Subject to subparagraph (B), the Corporation” for “The Corporation”, and added subpar. (B).

Subsec. (span)(4)(C). Puspan. L. 115–334, § 11120(a)(2)(A), substituted “applicant” for “approved insurance provider” in introductory provisions.

Subsec. (span)(4)(D)(i). Puspan. L. 115–334, § 11120(a)(2)(B)(i), substituted “determined by the applicant” for “determined by the approved insurance provider”.

Subsec. (span)(4)(D)(iii). Puspan. L. 115–334, § 11120(a)(2)(B)(ii), added cl. (iii).

Subsec. (c)(7) to (24). Puspan. L. 115–334, § 11122, redesignated par. (19) as (7) and added subpars. (E) and (F), redesignated par. (24) as (8), added pars. (9) to (19), and struck out former pars. (7) to (18) and (20) to (23) which related, respectively, to study of multiyear coverage, contract for revenue coverage plans, contract for cost of production policy, energy crop insurance policy, aquaculture insurance policy, poultry insurance policy, apiary policies, adjusted gross revenue policies for beginning producers, skiprow cropping practices, margin coverage for catfish, biomass and sweet sorghum energy crop insurance policies, study on swine catastrophic disease program, study on poultry catastrophic disease program, poultry business interruption insurance policy, study of food safety insurance, and alfalfa crop insurance policy.

Subsec. (e)(2)(A). Puspan. L. 115–334, § 11123, substituted “not more than—” and cl. (i) for “not more than $12,500,000 for fiscal year 2008 and each subsequent fiscal year.” and added cl. (ii).

2014—Subsec. (span)(2)(E). Puspan. L. 113–79, § 11010(span), added subpar. (E) and struck out former subpar. (E) which related to Board approval of up to 50 percent of the projected total research and development costs to be paid in advance to an applicant.

Subsec. (span)(4)(A). Puspan. L. 113–79, § 11028(span)(1), substituted “paragraph (1)” for “paragraphs (1)”.

Subsec. (c). Puspan. L. 113–79, § 11022(a)(1), struck out “contracting” after “development” in span.

Subsec. (c)(1). Puspan. L. 113–79, § 11022(a)(2), substituted “may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to” for “may enter into contracts to carry out research and development to” in introductory provisions.

Subsec. (c)(2)(A). Puspan. L. 113–79, § 11022(a)(3)(A), inserted “conduct research and development or” after “The Corporation may”.

Subsec. (c)(2)(B). Puspan. L. 113–79, § 11022(a)(3)(B), inserted “conducting research and development or” after “Before”.

Subsec. (c)(5). Puspan. L. 113–79, § 11022(a)(4), inserted “after expert review in accordance with section 1505(e) of this title” after “approved by the Board”.

Subsec. (c)(6). Puspan. L. 113–79, § 11022(a)(5), substituted “policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, biomass sorghum, rice, peanuts, sugarcane, alfalfa, pennycress, dedicated energy crops, and specialty crops” for “a pasture, range, and forage program”.

Subsec. (c)(10) to (16). Puspan. L. 113–79, § 11023(span), redesignated pars. (11) to (17) as (10) to (16), respectively, and struck out former par. (10) which related to contracts for organic production coverage improvements.

Subsec. (c)(17) to (24). Puspan. L. 113–79, § 11023(span)(2), redesignated pars. (18) to (25) as (17) to (24), respectively. Former par. (17) redesignated (16).

Puspan. L. 113–79, § 11022(a)(7), added pars. (17) to (24).

Subsec. (c)(25). Puspan. L. 113–79, § 11022(a)(6), redesignated par. (17) as (25).

Subsec. (d)(1). Puspan. L. 113–79, § 11024(a), added par. (1) and struck out former par. (1). Text read as follows: “The purpose of this subsection is to authorize the Corporation to enter into partnerships with public and private entities for the purpose of increasing the availability of loss mitigation, financial, and other risk management tools for producers, with a priority given to risk management tools for producers of agricultural commodities covered by section 7333 of this title, specialty crops, and underserved agricultural commodities.”

Subsec. (d)(3)(F). Puspan. L. 113–79, § 11027(span), inserted “farm financial benchmarking,” after “financial management,”.

Subsec. (d)(3)(G), (H). Puspan. L. 113–79, § 11024(span), added subpar. (G) and redesignated former subpar. (G) as (H).

Subsec. (e)(1). Puspan. L. 113–79, § 11028(span)(2), inserted period at end.

Subsec. (e)(2)(A). Puspan. L. 113–79, § 11022(span)(1)(A), in span, substituted “Conducting and contracting for research and development” for “Authority” and, in text, inserted “conduct research and development and” after “the Corporation may use to”.

Subsec. (e)(2)(B). Puspan. L. 113–79, § 11022(span)(1)(B), inserted “conduct research and development and” after “for the fiscal year to”.

Subsec. (e)(3). Puspan. L. 113–79, § 11022(span)(2), struck out “to provide either reimbursement payments or contract payments” after “available” in introductory provisions.

Subsec. (e)(4). Puspan. L. 113–79, § 11022(span)(3), struck out par. (4) which related to prohibited research and development by the Corporation.

2008—Subsec. (span)(1), (2). Puspan. L. 110–246, § 12022(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which related to reimbursement for research and development costs directly related to a policy that was submitted to and approved by the Board under section 1508(h) of this title for reinsurance and, if applicable, offered for sale to producers, and reimbursement for research and development costs approved prior to June 20, 2000.

Subsec. (span)(2)(C)(v). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter”.

Subsec. (span)(3). Puspan. L. 110–246, § 12022(span)(1), struck out “or (2)” after “paragraph (1)”.

Subsec. (span)(4)(A). Puspan. L. 110–246, § 12022(span)(2), struck out “and (2)” after “paragraphs (1)”.

Subsec. (c)(10) to (16). Puspan. L. 110–246, § 12023(2), added pars. (10) to (16). Former par. (10) redesignated (17).

Subsec. (c)(17). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in introductory provisions.

Puspan. L. 110–246, § 12023(1), redesignated par. (10) as (17).

Subsec. (d)(2). Puspan. L. 110–246, § 7511(c)(1), substituted “the National Institute of Food and Agriculture” for “the Cooperative State Research, Education, and Extension Service”.

Subsec. (e)(1). Puspan. L. 110–246, § 12024(1), substituted “$7,500,000 for fiscal year 2008 and each subsequent fiscal year” for “$10,000,000 for each of fiscal years 2001 and 2002 and not more than $15,000,000 for fiscal year 2003 and each subsequent fiscal year.”

Subsec. (e)(2)(A). Puspan. L. 110–246, § 12024(2), substituted “$12,500,000 for fiscal year 2008” for “$20,000,000 for each of fiscal years 2001 through 2003 and not more than $25,000,000 for fiscal year 2004”.

Subsec. (e)(3). Puspan. L. 110–246, § 12024(3), substituted “the Corporation may use—” for “the Corporation may use the excess amount to carry out another function authorized under this section.” and added subpars. (A) and (B).

Subsec. (e)(4). Puspan. L. 110–246, § 12033(c)(2)(B), substituted “this subchapter” for “this chapter” in two places.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Puspan. L. 115–334, title XI, § 11120(span), Dec. 20, 2018, 132 Stat. 4927, provided that:

“(1)In general.—The amendments made by this section [amending this section] shall apply to reimbursement requests made on or after October 1, 2016.
“(2)Resubmission of denied request.—An applicant that was denied all or a portion of a reimbursement request under paragraph (1) of section 522(span) of the Federal Crop Insurance Act (7 U.S.C. 1522(span)) during the period between October 1, 2016, and the date of the enactment of this Act [Dec. 20, 2018] shall be given an opportunity to resubmit such request.”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Puspan. L. 110–234, title VII, § 7511(c), May 22, 2008, 122 Stat. 1267, and Puspan. L. 110–246, § 4(a), title VII, § 7511(c), June 18, 2008, 122 Stat. 1664, 2028, provided that the amendments made by section 7511(c) are effective Oct. 1, 2009.

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of this title.]

Effective Date

Section effective Oct. 1, 2000, see section 171(span)(1)(A) of Puspan. L. 106–224, set out as an Effective Date of 2000 Amendment note under section 1501 of this title.

Reimbursement Regulations

Puspan. L. 107–20, title II, § 2103, July 24, 2001, 115 Stat. 165, provided that:

“(a) Not later than August 1, 2001, the Federal Crop Insurance Corporation shall promulgate final regulations to carry out section 522(span) of the Federal Crop Insurance Act (7 U.S.C. 522(span) [1522(span)]), without regard to—
“(1) the notice and comment provisions of section 553 of title 5, United States Code;
“(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
“(3) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’).
“(span) In carrying out this section, the Corporation shall use the authority provided under section 808 of title 5, United States Code.
“(c) The final regulations promulgated under subsection (a) shall take effect on the date of publication of the final regulations.”